Criminal Writ - Criminal Investigation – Direction for Crime Branch Investigation – Articles 226 & 227 of the Constitution of India – Investigation Ordered – The petitioner alleged fraud and coercion by police officials, stating that despite multiple complaints, no action was taken – The petitioner and his wife were allegedly abducted and subjected to harassment &...
Criminal Law – FIR Quashing - Second FIR – Maintainability – Violation of Article 20(2) – FIR Quashed – The petitioner challenged the second FIR filed under the Gujarat Land Grabbing Act, arguing that it was based on the same set of allegations as an earlier FIR registered under IPC – The Court held that the registration of a second FIR for the same incident is ...
Criminal Law – Forgery and Corruption – Conviction Based on Documentary Evidence – The appellant, a Traffic Superintendent with Indian Airlines, was convicted for tampering with airline tickets, issuing an infant ticket in a fictitious name and converting it into an adult ticket for monetary gain – Held: The evidence, including handwriting expert analysis and witness testim...
Murder – Conviction under Section 302 read with Section 34 IPC – Multiple accused – Common intention established – The accused persons were convicted for the murder of Srihari Mondal based on the testimony of six eyewitnesses (PW 4, PW 5, PW 6, PW 9, PW 10, and PW 12) – The appellants argued that the witnesses were related to the deceased and no independent witness wa...
Bail – Anticipatory Bail in Forest Offenses – Applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 – The petitioner, accused of involvement in illegal felling of sandalwood trees, sought anticipatory bail – The prosecution argued that custodial interrogation was essential for recovery and further investigation – Held: Bail is the rule, and jail is the exception u...
Bail Cancellation – Non-Service of Mandatory Notice – Section 15(A) of SC/ST Act – Petitioner sought cancellation of bail on the ground that he was not informed before the bail hearing – Bail was granted on 28.11.2022, but the official notice was sent only on 03.12.2022, after the bail order – Held: Section 15(A) of the SC/ST Act mandates prior notice to the victim be...
Criminal Procedure – Application under Section 311 CrPC – Power of the Court to Summon Witnesses – The CBI sought to summon 22 additional witnesses at the final stage of trial – The trial court rejected the application, citing delay and potential prejudice to the accused – Held: While Section 311 CrPC provides wide discretionary powers to summon witnesses at any stage...
Criminal Law - Criminal Conspiracy – Banking Fraud – Telegraphic Transfer Scam – Sections 120B, 403, 409, 420 IPC – Acquittal of Bank Officials – Conviction of Accused No. 3 Set Aside – The case involved fraudulent remittance of Rs. 6.7 crores through fake TTs and subsequent withdrawals – Accused No. 1 (Branch Manager) and Accused No. 2 (Officer) were init...
Criminal Law - Criminal Proceedings – Quashing of Summoning Order – Section 482 CrPC – Lack of Sanction for Prosecution – The appellant, a government officer, was accused of wrongful representation and intimidation in a workplace sexual harassment case – She was neither named in the initial FIR nor part of the original complaint – Sanction for prosecution was so...
Negotiable Instruments Act – Dishonor of Cheques – Rebuttal of Presumption – Sections 118(a) & 139 NI Act – Accused Successfully Discharged Burden – Petitioner Failed to Prove Legally Enforceable Debt – Held: The respondent rebutted the presumption under Sections 118(a) & 139 of the NI Act by establishing that the cheques in question were not issued for ...