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...
Criminal Law – Quashing of FIR and Charge-Sheet – Special Criminal Application filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. – Applicant accused of obtaining previous sanction for property sale in disturbed area through alleged fraudulent means – FIR filed under various sections of IPC and Disturbed Areas Act – Held that cer...
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...
Criminal Law – Compliance with Statutory Provisions – Criminal Appeal against the judgment of acquittal under Section 15 of NDPS Act – Alleged non-compliance with Sections 42 and 57 of NDPS Act – FIR based on secret information about illegal possession of poppy husk – Trial Court acquitted respondents due to procedural lapses and unreliable evidence. [Paras 1-6]
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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 - Parole - Grant of Parole for Filing SLP - Petition filed under Article 226 of the Constitution read with Section 482 Cr.P.C. for quashing rejection order of parole application - Petitioner convicted under Sections 302, 326, 452, 147, 148, 149 IPC and sentenced to life imprisonment - Parole sought to engage counsel for filing SLP before Supreme Court - Rejection of parole by competen...
Criminal Law – Quashing of Proceedings under SC/ST Act and IPC – High Court set aside the impugned order summoning the applicant – Application U/S 482 Cr.P.C. allowed – Insufficient evidence to substantiate charges under Sections 323, 505, 506, 420 IPC and Section 3(2)(v) of the SC/ST Act – Allegations were found to be politically motivated and driven by personal riva...
Prevention of Corruption – Acquittal Appeal – State challenged acquittal of accused for offences under the Prevention of Corruption Act – High Court upheld acquittal, noting discrepancies in prosecution's case and lack of credible evidence against respondent No.2 – Highlighted importance of consistency and corroboration in evidence for conviction [Paras 1-13].
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Criminal Law – Quashing of Proceedings – Vicarious Liability – Application under Section 482 Cr.P.C. filed by Azim Premji seeking quashing of complaint proceedings and related orders. The complaint involved alleged violations of the Equal Remuneration Act, 1976, by G4S Secure Solutions (India) Pvt. Ltd., a third-party security service provider for Wipro Ltd. The applicant, as Cha...
Criminal Law - Writ of Mandamus and Transfer of Investigation - Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds o...