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...
Criminal Procedure – Anticipatory Bail – Section 438 Cr.P.C. – Application for Anticipatory Bail Post-Cancellation of Bail – Maintainability Challenged – The petitioner sought anticipatory bail after the addition of a graver offence (Section 376 I.P.C.) during investigation. The State challenged the maintainability of the petition, arguing that the petitioner should h...
Criminal Law - Death Penalty – Delay in Execution – Effect on Convicts' Rights – Undue, unexplained delay in the execution of a death sentence violates the rights of convicts under Article 21 of the Constitution – In the present case, the delay spanned nearly four years from filing mercy petitions to issuing execution warrants – Held: The cumulative delays at mult...
Criminal Law – Last Seen Theory – Applicability in Circumstantial Evidence – Conviction Upheld – The appellant Surya Kanta Behera @ Katiki was last seen accompanying the deceased on the evening of 12.12.2007 on a motorcycle. Hours later, the appellant returned alone with the deceased’s motorcycle, offering no explanation for the deceased's whereabouts. The proximi...
Negotiable Instruments Act – Quashing of Complaint Based on Compromise – Petition Allowed – The petitioner sought quashing of a complaint under Section 138 of the Negotiable Instruments Act, 1881, citing a mutual settlement between the parties – Held: Continuation of proceedings after a mutual compromise amounts to abuse of process of law – It was observed that the co...
Public Servant – Necessity of Sanction for Prosecution – Section 19 of PC Act and Section 197 of CrPC – Charges Quashed – The petitioner, who was the Sarpanch at the time of the alleged offense, was charged under Sections 13(1)(c)(d) and 13(2) of the PC Act, and Sections 409 and 467 IPC, for misappropriation of public funds and forgery in connection with the construction of...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act – Bail Application – Rejection – Bail under Section 37 – Stringent Conditions – Petitioner Amritpal Singh filed for regular bail in a case registered under Sections 8(c)/21(c)/23(c)/29 of the NDPS Act for alleged involvement in drug trafficking. The case involved smuggling of 102.784 kg of heroin conc...
Criminal Law – POCSO and Rape – Conviction Reversed – Appellant convicted under Section 376 IPC and Section 6 of the POCSO Act for alleged rape of a minor victim, who later delivered a child – Trial Court relied on the victim's birth certificate and statement recorded under Section 164 CrPC to conclude the victim's minority and convict the accused – High...