Criminal Law - Sentence Modification - Indian Penal Code 1860 - Section 307 read with Section 34 - Attempt to Murder - Appellants Saghir Ahmad and Mohammad Iliyas convicted in 1985 for an incident occurring in 1981 - Trial court awarded five years rigorous imprisonment - During the pendency of the appeal the injured informant Smt Dharmi Devi moved a compromise application in 1986 stating that inju...
Criminal Law - Jurisdiction - Police Act 1861 - Sections 1 25 and 26 - Meaning of Magistrate of the district - Petitioner claiming to be step-brother of deceased occupant challenged order of Chief Judicial Magistrate Alipore directing handover of keys of premises to Opposite Party No. 2 claiming to be the son - Local police had locked the premises following the death of the occupant on 28.08.2012 ...
Criminal Law - Clubbing of FIRs - Constitution of India - Article 32 - Modification of Order - Consonance of relief with reasoning - Miscellaneous Application moved for modification of judgment dated 18.05.2026 - Court previously observed that FIR No. 439/2024 (Gurugram) arose from the same set of allegations and same transaction as FIR No. 30/2019 (Delhi) - Operative part of original order mistak...
Criminal Law - Indian Penal Code 1860 - Section 354A - Appeal against Acquittal - Sexual Harassment - Ingredients - Prosecution must prove physical contact or advances involving sexual intent or unwelcome sexual conduct - Testimony of victim (PW2) and witnesses (PW3, PW7) failed to establish sexual intent in the act of catching the victim's hand - Held - Ingredients of sexual harassment not ma...
Criminal Law - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Search and Seizure - Personal Search - Mandatory Compliance - The prosecution characterized the seizure as a chance recovery during routine patrol however internal documents including the Forwarding Letter and Command Certificate revealed the officers were acting on prior information and a pre-planned raid - Held - S...
Criminal Law - Quashing of FIR - Prevention of Corruption Act 1988 - Section 7(a) - Code of Criminal Procedure 1973 - Section 482 - Respondent No. 1 a Police Sub-Inspector was accused of directing a complainant to provide illegal gratification to subordinates by stating do something for those boys - High Court quashed the FIR at the nascent stage of investigation on grounds that no direct demand o...
Criminal Law - Anticipatory Bail - Police Misconduct - Abuse of Authority - Three respondents - police officers attached to the sabotage-detection detail - accused of detaining a passenger - his minor daughter - and brother-in-law - at Mumbai Central Railway Station - Allegations of intimidating the victims in a closed room and extorting money to return a 14-gram gold bar and cash without further ...
Criminal Law – Quashing under Section 482 CrPC – Vicarious Liability – Designation Alone Insufficient – Applicant prosecuted as Chairman and Managing Director of Wipro in connection with alleged labour law violations at the Lucknow establishment – Security services at the establishment had been outsourced to G4S Secure Solutions India Private Limited under agreement d...
Criminal Law - Death by Negligence - Indian Penal Code 1860 - Sections 279 and 304A - Appellant bus driver convicted for causing death of passenger who fell while alighting - Trial Court and Appellate Court found driver negligent for moving vehicle before passenger safely disembarked - High Court maintained conviction but set aside sentence under Section 279 IPC citing doctrine of merger - Supreme...
Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 141 - Insolvency and Bankruptcy Code 2016 - Sections 95 and 96 and 101 and 128 - Appellant-former Managing Director of Surana Power Ltd challenged High Court order refusing to quash Section 138 complaint despite pendency of personal insolvency and bankruptcy proceedings - High Court held Section 138 is a crimin...