Criminal Law - Sections 498-A and 306 IPC - Suicide – Abetment Not Proved – Acquittal Upheld – No Instigation or Active Role by Accused - The deceased allegedly committed suicide by self-immolation after claimed harassment by in-laws and husband – Court found no proximate evidence of instigation or mental cruelty triggering the act – Accused had been residing separate...
Criminal Law – Quashing - Disproportionate Assets – Mere Relationship with Principal Accused – No Abetment Made Out – Proceedings Quashed - Petitioner, wife of the principal accused, was arrayed as abettor under Section 109 IPC based on ownership of some assets – Court held that mere spousal relationship or name-lending without evidence of active role or mens rea is n...
Criminal Law – Res Judicata in Criminal Law – Quashing Allowed - Allegations of cheating under Section 420 IPC were found to be a reiteration of the defence already raised and rejected in earlier proceedings under Section 138 of the NI Act – The Court held that the prior adjudication conclusively settled the issue of liability, applying the doctrine of res judicata in...
Bail – Alleged Violation of Official Secrets Act – Applicant Honey-Trapped – Bail Granted – Accused, a 23-year-old apprentice, was alleged to have shared names and details of naval vessels with two absconding accused identified as suspected foreign agents – Prima facie it appeared he was seduced through social media chats and lured into giving limited information with...
Criminal Law – Discharge - Medical Negligence – Delay in Filing Complaint – Barred by Limitation – Cognizance Not Justified – Complaint filed four years after patient's death alleging medical negligence – Held: Offence under Section 304-A IPC carries a limitation of three years – No satisfactory explanation offered for delay – Trial Court’s...
Criminal Law - NDPS Act – Identity of Accused Not Established – Acquittal Ordered - Appellant contended she was wrongly identified as one Seema Choudhari who was named in all prosecution documents including FIR, arrest memo, and seizure records – Held: Prosecution failed to adduce evidence linking appellant to Seema Choudhari; no identification or oral testimony proving appellant...
Employment Law - Reservation – Definition of Ex-Serviceman – IMNS Personnel Covered – Eligibility Recognized - The Court interpreted Rule 2(c) of the Punjab Rules, 1982 to include persons who served in the Indian Military Nursing Service (IMNS) – Held: IMNS is part of the Armed Forces of the Union as per the MNS Ordinance, 1943 – Respondent No. 4, having completed her...
Bail – Cheating and Forgery – Prima Facie Offence Established – Bail Denied – The petitioner, accused of inducing the complainant to invest Rs.1.73 crores in forged schemes by impersonating an employee of Yes Securities Ltd., failed to show any bona fide investment or return of funds – Investigation revealed the use of fake letters and documents to mislead the complai...
Criminal L:aw – Quashing - Negotiable Instruments Act – Director’s Vicarious Liability – Section 141 N.I. Act – Complaint Quashed – Petitioner was arrayed as an accused being one of the directors of the company – Allegations in the complaint only made general averments against the petitioner, whereas specific role and responsibility of managing day-to-day ...
Criminal Law – Murder - Unlawful Assembly – Formation of Common Object – Section 149 IPC – Conviction Upheld – Accused persons, all armed with firearms, engaged in abusive conduct while passing the victims’ house and, upon being confronted, opened indiscriminate fire causing multiple injuries and two fatalities – Held: The unlawful assembly came into exist...