Negotiable Instruments Act – Section 138 – Dishonor of Cheque – Criminal Revision against the conviction and sentence by Judicial Magistrate Ist Class, upheld by Additional Sessions Judge – Petitioner entered into an agreement to sell a petrol pump and issued a cheque as part of a settlement – Cheque dishonored due to insufficient funds – Legal notice served but...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...
Criminal Procedure – Registration of FIR – Complaint Handling Post Cognizance – Petitioner challenged the order directing registration of FIR under Section 156(3) Cr.P.C. after the Magistrate recorded the complainant’s statement under Section 200 Cr.P.C. – Held that once cognizance was taken by recording the statement, the Magistrate could not issue directions for FIR...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Criminal Law – Protest Petition – Revisionist challenged the rejection of his protest petition against the final report exonerating accused on grounds of insufficient evidence – Trial Magistrate accepted the final report noting no specific flaws in the investigation were cited in the protest petition – High Court held that Magistrate had applied judicial mind in accepting t...
Criminal Law – Negotiable Instruments Act – Condonation of Delay – Criminal Miscellaneous Petition against Trial Court’s order condoning delay in filing complaint – Petitioners argued delay not justified and trial court failed to provide reasons – Trial Court’s order found to be non-speaking and lacking in cogent reasons – Held, condonation of delay ...
Criminal Law - Bail Application under MCOCA - Bail Rejected – Application filed under Section 439 of Cr.P.C. for offences under Sections 3 and 4 of MCOCA – FIR alleges involvement in organized crime syndicate led by Vikas Gulia @ Vikas Langarpuria – Applicant accused of multiple serious crimes including murder, extortion, and robbery – Court observes applicant’s key r...
Bail Application – Grounds of Parity – Petitioner Jagdish @ Jamabaram seeks bail citing the bail granted to co-accused Karna Ram – Petitioner in judicial custody since 21.01.2021 – Trial likely to be prolonged – High Court finds petitioner's case not distinguishable from co-accused, extends bail on grounds of parity and prolonged incarceration [Paras 1-6].
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Criminal Law – Quashing of Summoning Order and Charge Sheet – Application under Section 482 Cr.P.C. – Summoning order and charge sheet challenged on grounds of hasty and tainted investigation – Alleged offense of passing obscene comments against women – Absence of independent witnesses or examination of affected females – Violation of mandatory provisions under ...
Criminal Law – Appeal against Conviction – Eyewitness Reliability – Criminal Appeal challenging the conviction for offenses under Sections 147, 148, 302/149, and 392 IPC – Prosecution's case primarily based on the testimony of a sole eyewitness, PW-1 – Trial court acquitted one accused (Mahendra Kumar Kaushik) based on disbelieving part of the testimony of PW-1 re...