Criminal Law – Quashing of Proceedings – Serious Offenses and Settlements – Rape and POCSO Act Offenses - accused was charged with offenses under Sections 6 read with 5(n)(j)(ii) of the POCSO Act and Sections 450, 376(3)(2)(n)(f) of the IPC. The petitioner sought quashing of the proceedings on the grounds that he had married the de facto complainant, and they were now living happ...
Suo Motu Contempt – Contempt of Courts Act – Suo motu contempt proceedings initiated based on a resolution passed by the Madurai Bar Association criticizing a judicial order on helmet mandates – Processions and distribution of defamatory leaflets against judges led to the initiation of proceedings – Both contemnors tendered unconditional apologies – The court accepted...
Encroachment on Public Land – Noise Pollution – Food Joint "Books and Beans" – Petitioner Complained of Loud Music and Encroachment – Legal Action Taken, FIR Registered – Joint Encroachment Removal Conducted by MCD – Tables, Chairs, and Green Carpet Removed – DDA Confirmed Land Belongs to Them, No Right for Respondent No. 3 to Use It – Cour...
Quashing of Criminal Proceedings – Absence of Ingredients for Offenses under Sections 406 and 420 IPC – Petitioner sought quashing of proceedings, claiming no prima facie evidence of involvement in alleged offenses – The complainant failed to establish any link between the petitioner and the alleged fraudulent acts; the petitioner was not part of the accused company nor issued th...
Criminal Law – Quashing of FIR under Sections 354, 354A, 323, 509 of IPC – Allegations of sexual harassment by Respondent No.2 against Petitioner – FIR filed after dismissal of complaint by the Internal Complaints Committee (ICC) under POSH Act – High Court quashed the FIR on grounds that the intimate and consensual relationship between the parties was established, renderin...
Criminal Law – Conviction for Murder – Appellant convicted under Sections 302, 436, 447 IPC and Section 3/27 of the Arms Act – Trial court relied on eyewitness testimony, medical evidence, and motive – High Court re-examines evidence and finds significant discrepancies, lack of corroboration, and unreliable eyewitness accounts – Conviction quashed, appellant acquitted...
Criminal Law – Acquittal and Probation – Accused-respondents acquitted of serious charges under Sections 308/34, 325, 324, 323 IPC – Convicted under Sections 325/34, 324/34, 323/34, 341 IPC – Trial court extended benefit of Section 4 of Probation of Offenders Act – Petitioner challenges acquittal and probation [Paras 1-2].
Evaluation of Evidence – T...
Prevention of Corruption – Conviction Set Aside – Appellant, a junior clerk, was convicted for accepting a bribe for influencing a judicial officer – Conviction based on evidence of demand, acceptance, and chemical analysis confirming phenolphthalein powder – Court noted that the charge framed under Section 8 of the Prevention of Corruption Act was inappropriate as it shoul...
Criminal Law – Conviction Reversed: Appeal challenges the conviction and sentence imposed by the Sessions Court based on conflicting dying declarations of the deceased. High Court observed material contradictions between the two declarations, leading to acquittal due to lack of reliable and consistent evidence [Paras 14-25].
Dying Declarations – Inconsistencies: Two dying declaratio...
Criminal Law – Anticipatory Bail – Health Condition – Petitioner, a 75-year-old woman with advanced carcinoma, sought anticipatory bail. The Court considered her critical health condition and allowed her to join the investigation through video conferencing instead of traveling from the USA to Amritsar, Punjab [Paras 1-6].
Custodial Interrogation – Not Required – Co...