Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court Contract Workers Performing Same Duties As Regular Staff Entitled To Minimum Regular Pay Scale Under CLRA Rules: Bombay High Court Power Of Review Is To Correct Mistakes, Not Substitute Views Or Act As 'Appeal In Disguise': Kerala High Court Futile Exercise Of Jurisdiction To Proceed With Contempt For Violating Ex-Parte Order Once It Is Vacated On Merits: Karnataka High Court Threat To Force Wife Into Prostitution Strikes At Core Of Human Dignity: Gujarat HC Denies Anticipatory Bail In Abetment To Suicide Case Injured Victim's Testimony Carries Built-In Guarantee Of Truthfulness, Requires No Corroboration For Conviction: Allahabad High Court Section 138 NI Act Offence Can Be Compounded At Revision Stage Under Section 147 Read With Section 320 CrPC: Punjab & Haryana High Court

"CRIMINAL LAW" Digest

Criminal Law – Bail in Corruption and Conspiracy Case – Delay in Trial and Right to Liberty – Bail Granted - The appellant was incarcerated for nearly three years under charges of corruption and forgery under IPC and PC Act – Investigation completed, charge sheet filed, but charges not framed – Held: Continuing incarceration without framing of charges or examining wit...

Criminal Law – Quashing of FIR - POCSO Act – Gender Neutrality – Sections 3, 4, 5, 6 POCSO – Held Gender Neutral – The Court held that the POCSO Act, as evident from its objects and reasons (2012 and 2019 amendments), is intended to protect all children (male or female) below 18 years from sexual offences – Section 2(2) POCSO read with Section 8 IPC clarifies th...

Bail Appeal – Section 14-A(2) SC/ST Act – Appeal Allowed – The appellant challenged rejection of his bail applications in offences under IPC including Section 376, 376D and SC/ST Act – Victim’s statement under Sections 180 and 183 BNSS contained contradictions; no supporting medical evidence; trial yet to commence – Court found that essential ingredients of SC/S...

Criminal Law – Discharge under Section 227 CrPC – Judicial Application of Mind Lacking – Matter Remanded – Petitioner challenged the Sessions Court’s dismissal of his discharge petition without proper reasoning – Court held that prior rejection of a revision challenging cognizance under Section 190 CrPC does not bar a discharge application under Section 227, as ...

Criminal Law - Murder – Circumstantial Evidence – Conviction Upheld – Appeal Dismissed – Appellants convicted under Sections 302, 120B IPC for murdering railway employee Hanuman Rai in his quarter—Prosecution relied entirely on circumstantial evidence: CCTV footage placing accused near crime scene, CDR/SDR data showing last call from accused Mobarak to victim minutes ...

Criminal Law – Conviction for Sexual Offences – Testimony of Victim Not Reliable – Acquittal Ordered – Appellants convicted for offences under Sections 452/354/323/34 IPC for allegedly assaulting and molesting a woman – Trial Court acquitted them under Section 376(D) IPC – High Court found the victim’s testimony riddled with material improvements, inconsis...

Criminal Law - Abetment of Suicide – High Court Quashing of FIR – No Prima Facie Case Made – Dismissal of Appeal – The appellant challenged the High Court’s decision quashing the FIR registered against officials and administrators of Dadra and Nagar Haveli who were named in the suicide note of a seven-time Member of Parliament – The Supreme Court held that the a...

Contempt of Court – Advocates Act – Enrolment Fees – Compliance with Judgment in Gaurav Kumar v. Union of India – Petition Closed – Petitioner alleged that Karnataka State Bar Council was collecting fees of ₹6,800 and ₹25,000 as “optional charges” in addition to statutory enrolment fees – Bar Council of India affidavit confirmed that most State B...

Criminal Law – Section 482 CrPC – Challenge to Dismissal of Petition – Appeal Allowed – The appellant challenged the Rajasthan High Court’s order dismissing her petition under Section 482 CrPC concerning the non-taking of cognizance against her in-laws despite allegations in her Section 164 CrPC statement – The Investigating Officer had filed a chargesheet only ...

Matrimonial Dispute – Quashing of Criminal Proceedings – Sections 323, 406, 498-A, 506 IPC – Section 482 CrPC – Appeal Allowed – Appellants (husband and in-laws) sought quashing of FIR No.67/2019 alleging cruelty, assault, breach of trust, and intimidation – Parties divorced by mutual consent on 19.01.2024; all claims settled; complainant stated no objection to ...