Murder Trial – Common Intention – Section 302 IPC read with Section 34 – Conviction Upheld – The appellants, along with other accused, forcefully entered the victim’s house at night, dragged him outside, and brutally assaulted him with iron rods, wooden sticks, and hammers – The assault continued at multiple locations, ultimately causing the victim’s death...
Bail - NDPS Act – Procedural Lapses in Search and Seizure – Section 50 Not Complied With – Bail Granted – The petitioner, a foreign national, was arrested based on secret information, and 57 grams of Amphetamine was allegedly recovered from his possession – The petitioner argued that the police failed to comply with mandatory provisions under Section 50 of the NDPS Ac...
Quashing of FIR – Prima Facie Case Made Out – Petition Dismissed – The petitioner sought quashing of the FIR registered under Sections 354D, 509, 504, and 506(2) IPC, alleging that the complaint was a counterblast to an earlier case filed by him – The Court observed that the FIR detailed specific allegations, including stalking, obscene gestures, and threats of revenge usin...
NDPS – Failure to Follow Procedural Safeguards – Acquittal Upheld – The respondents were acquitted by the Trial Court despite the recovery of 10,000 capsules of Spasmo Proxyvon – State challenged the acquittal on the ground that prosecution evidence sufficiently proved possession and seizure – Held: Failure to comply with mandatory provisions under Sections 52, 52A, a...
Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...
Statutory Bail – Non-filing of FSL Report within Statutory Period – Right to Default Bail – Interpretation of Section 167(2) CrPC – Bail Rejected – The petitioner was arrested under the NDPS Act and remained in custody beyond the statutory period of 180 days – A charge sheet was filed without the FSL report, which was subsequently sent directly to the Trial Cour...
POCSO Act – Serious Nature of Allegations – Bail Rejected – The petitioner was accused of multiple offenses under the IPC and POCSO Act, including sexual assault, conspiracy, and intimidation – The prosecution argued that the victim had committed suicide under mysterious circumstances, further complicating the case – Held: Given the gravity of allegations and potentia...
Criminal Law – Abduction for Marriage – Section 366A IPC – Essential Ingredients Not Established – The accused was convicted for allegedly abducting a minor girl with the intention of marrying her – Held: The prosecution failed to establish beyond reasonable doubt that the victim was a minor at the time of the alleged offence – No conclusive birth certificate or...
Live-in Relationship – Protection of Minor – The petitioners sought protection for their life and liberty, as they were in a live-in relationship against the wishes of their families – Petitioner No.2 is a minor aged 17 years – The Court directed the Superintendent of Police to ensure the safety of the minor by producing her before the Child Welfare Committee, as per the Ju...
Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu cr...