Quashing of Criminal Proceedings – Applicability of Sections 7 and 7A of the Prevention of Corruption Act – Demand and Acceptance as Sine Qua Non – Proceedings Quashed - Petitioner, a public servant, sought quashing of criminal proceedings against him for alleged involvement in irregularities linked to the I Monetary Advisory (IMA) Group scam – Allegations included receivin...
Sexual Assault Allegations – Bail Granted – Delay in Filing Complaint – The petitioner, a well-known film actor and director, faced allegations of sexual assault committed 17 years prior – The Court noted the significant delay in filing the complaint and absence of compelling prima facie evidence to deny bail – Held: Bail granted subject to conditions to ensure cooper...
Criminal Law – Murder – Acquittal - Eyewitness Testimony – Single Dock Identification – Credibility Doubted – Conviction Overturned – The Court noted that the sole eyewitness (P.W. 15) identified the accused a year after the incident during dock identification without prior Test Identification Parade (TIP) – The prolonged time lapse and absence of corrobor...
NDPS - Bail – Prolonged Custody – Concession Allowed – The petitioner, a first-time offender, was in custody since 05.09.2021 with only 09 out of 20 prosecution witnesses examined – Held: Delay in trial and prolonged custody warranted relaxation of Section 37 NDPS Act conditions in light of Article 21 of the Constitution – Bail granted [Paras 9-10].
Judicial Preceden...
Bail Application – Opportunity to Present Case – Violation of Section 45 PMLA – Directorate of Enforcement (ED) contended that they were not given a proper opportunity to oppose the bail application – Vacation Judge denied oral prayer for stay of bail – Failure to fulfill mandatory twin conditions of Section 45 PMLA [Para 2(i), 5].
Vicarious Liability –...
Territorial Jurisdiction – Application under Section 482 Cr.P.C. – Cause of Action Partially Arising in Lucknow – Application Dismissed – The applicant challenged the cognizance order and chargesheet on the grounds that no part of the cause of action arose in Lucknow, where the case was filed – Held: Part cause of action arose within the territorial jurisdiction of Lu...
Conviction Based on Dying Declaration – Omnibus Accusations – Reversal of Conviction – The trial court convicted accused Nos. 1 and 2 under Section 302 IPC based on the sole reliance on the dying declaration of the deceased. The dying declaration (Ex.P8) attributed a vague and omnibus accusation to both the accused for pouring kerosene and setting the deceased on fire – Hel...
Criminal Procedure – Discharge Application – Prima Facie Case Established – Rejection Upheld – The petitioner, an advocate, sought discharge in a case involving forgery, conspiracy, and transfer of government land based on disputed mutation entries. Both the Magistrate and Sessions Judge rejected the discharge application, citing prima facie evidence of the petitioner&rsquo...
Criminal Procedure – Restoration of Complaint – Petitioners challenged restoration of complaint dismissed for non-appearance of the respondent – High Court ruled that once a complaint is dismissed for non-prosecution, the trial court becomes functus officio and cannot restore the complaint – No provision in Cr.P.C. allows such restoration – Reference made to Supreme C...
Criminal Law - Murder – Section 302 IPC – Circumstantial Evidence – Conviction Reversed – Prosecution alleged the appellants murdered the deceased, Hamida Parween, to usurp property – Trial Court and High Court convicted based on circumstantial evidence, including motive and last seen theory – Supreme Court held: Chain of incriminating circumstances no...