Criminal Law – Kidnapping and Aggravated Penetrative Sexual Assault – Appellant convicted for kidnapping a minor girl and committing aggravated penetrative sexual assault multiple times – Trial court imposed life imprisonment for the remainder of his natural life and additional ten-year imprisonment under IPC Section 366(A) – High Court modified sentence based on discrepanc...
Conviction for Kidnapping – Failure to Prove Threat or Demand for Ransom under Section 364-A IPC – Essential elements under Section 364-A IPC include kidnapping, threat of death, and demand for ransom – Prosecution failed to provide call records or evidence linking cell phones to ransom calls – Decision: Conviction under Section 364-A IPC was set aside; appellants convicted...
Bail – NDPS and UAPA – Long Incarceration and Delayed Trial – Appellants in custody for nearly four years without conclusion of trial – Allegations of drug smuggling and funding terrorist activities – Stringent bail conditions under NDPS Act and UAPA – Supreme Court precedents emphasizing the need for speedy trial and protection of personal liberty – Bail ...
Criminal Law – Quashing of FIR – Compromise between parties – Petitioners sought quashing of FIR No. 65 of 2019 under Sections 307, 325, 324, 341, 504, 506, 147, 148, and 149 IPC registered at Police Station, Bhuntar, District Kullu, H.P. – FIR lodged by complainant following an altercation and assault leading to grievous injuries – Compromise reached between the part...
Corruption Law – Quashing of FIR – Petitioners sought quashing of FIR for disproportionate assets – Allegations against petitioner No.1 of acquiring assets disproportionate to known sources of income – Preliminary enquiry not mandatory in all corruption cases – FIR upheld despite lack of preliminary enquiry – Supreme Court precedents on preliminary enquiry and F...
Criminal Law – Quashing of POCSO and Rape Charges – Settlement and Marriage with Victim – Application under Section 482 of CrPC – Petition by Accused Nos. 1 to 3 to quash charges under Sections 450, 376(2)(n) IPC and Sections 6(1), 5(j)(ii)(l), and 21 of the POCSO Act, asserting that the accused married the victim, and they are now living peacefully with their child –...
Passport Application – Rejection on Grounds of Family’s Criminal Antecedents – Fundamental Rights Violated - The Court examined the rejection of passport applications on the ground of criminal records of the petitioner’s husband and father-in-law – Held: Criminal antecedents of family members cannot influence assessment of the petitioner’s character or eligibili...
Juvenile Justice – Bail – Denial of Bail by Juvenile Justice Board and Children’s Court – Rejection based on social investigation report citing lack of parental care and potential risks to the child and victim – High Court holds denial of bail improper due to absence of substantive material supporting concerns raised – Accusatory language used in orders contrave...
Quashing of Proceedings – SC/ST Act and IPC – Petitioner sought quashing of criminal proceedings initiated under IPC and SC/ST Act – High Court found the complaint to be rooted in a civil land dispute rather than genuine allegations of caste-based atrocities – Emphasized principles from Priyanka Srivastava and Bhajan Lal cases regarding misuse of criminal law for settling c...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court h...