Criminal Procedure – Passport Impounding – Jurisdiction of Police and Passport Authority – The power to impound a passport lies with the Passport Authority under the Passports Act, 1967, and not with the police. Even if the police seize a passport under Section 102 of Cr.P.C., they cannot withhold it and must forward it to the Passport Authority for their decision on impounding. ...
Criminal Procedure Code, 1973 - Section 200, 202(1), 203 - Indian Penal Code, 1860 - Sections 323, 342, 500, 504, 506, 295-A, 298, 427 - Dismissal of Complaint without Proper Inquiry - Remand by High Court for Section 202(1) Inquiry - Validity. (Para 4-5)
The learned Magistrate dismissed the complaint under Section 203 of the Cr.P.C. without conducting a proper inquiry mandated by Section 202(1...
Criminal Law – Attempt to Murder – Conviction and Sentence – Appellants used deadly weapons, inflicting grievous injuries on the vital parts of the victims' bodies – Stab injuries on stomach and near the chest warranted conviction under Section 307 IPC – Conviction upheld as per evidentiary value of injured eye-witnesses and nature of injuries [Paras 2-4].
Evid...
Criminal Law – Quashing of FIR – Specific role attributed to the accused in the FIR – High Court exceeded its jurisdiction under Section 482 CrPC by quashing the FIR without considering the allegations properly – Reliance on draft charge-sheet which was not yet submitted to the Magistrate was inappropriate – High Court's order set aside [Paras 20-21, 23].
Draft...
Criminal Appeal – Conviction under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860 – Acquittal by Trial Court – High Court's interference – Principles governing appeals against acquittal discussed. [Para 1-7]
Appellate Jurisdiction – Duty of the Appellate Court in appeals against acquittal – Re-appreciation of ev...
Criminal Appeal – Interim Bail – Appellant seeks interim bail for the purpose of finalizing accounts for filing returns under the Companies Act and Income Tax Act – Appellant currently incarcerated in Sabarmati Central Correctional Home – Interim bail granted for three days with specific conditions. [Para 1-6]
Interim Bail – Conditions – Appellant's relea...
Eyewitness Testimony - Credibility - Inconsistencies in testimony - Testimony contradicted by other witnesses - Doubts raised on the presence of eyewitness at the scene of the crime. (Para 7)
Extra-judicial Confession - Newspaper Report - Hearsay Evidence - Newspaper reports not considered primary evidence - Extra-judicial confession based on newspaper report deemed unreliable - Benefit of doub...
Indian Penal Code (IPC) - Sections 302 and 304 - Armed Forces Tribunal Act, 2007 - Section 30 - Army Act, 1950 - Section 69 - Appellant, an Indian Army Lance Naik, convicted under IPC Section 302 and Army Act Section 69 - Appeal against conviction and sentence - Incident involved a sudden altercation over seniority, leading to the appellant firing one fatal bullet from the deceased's rifle - A...
Criminal Appeal – Conviction based on dying declaration – Doubt regarding voluntariness and reliability – Lack of corroboration – Conviction not sustainable. The appeal questions the conviction based on a dying declaration recorded by an Executive Magistrate on 8th November 1991, three days after the incident. Doubts are raised concerning the voluntariness and reliability o...
Negotiable Instruments – Dishonor of Cheque – A complaint filed under Section 138 of the Negotiable Instruments Act by a Managing Director on behalf of a company is not liable to be dismissed merely because the Managing Director's name appears first followed by the company's name. The essential requirement is that the complaint indicates it is filed on behalf of the compan...