Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Murder Simpliciter Is Not A Motor Accident; Claim Under Motor Vehicles Act Requires Causal Link Between Death And Vehicle: Supreme Court Mere Involvement Of Car In Chain Of Circumstances Leading To Death Doesn't Attract Motor Vehicles Act: Supreme Court Proclaimed Absconder Cannot Seek Quashing Of Criminal Proceedings Under Section 528 BNSS: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Revision – Allegation of Forgery and Misrepresentation – Section 156(3) Cr.P.C. – Seeking Registration of FIR – Revision Dismissed – The revisionist filed a criminal revision against the Magistrate’s order rejecting his application under Section 156(3) Cr.P.C., seeking registration of FIR against respondent no. 2 (Deputy Chief Minister of U.P.) for alle...

Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Settlement Recognized – FIR Quashed - Petition filed for quashing of FIR No. 323/2022 under Sections 323/354/34 IPC on the basis of amicable settlement between husband and wife – Allegations included physical assault, molestation, and threats – The parties executed a settlement deed dated 24.04.20...

Criminal Law  – Cognizance Based on Magistrate’s Own Knowledge – Section 210(1)(c) BNSS – Valid Mode of Taking Cognizance – Challenge Rejected – Petitioners, police officials, challenged summons issued under Section 227(1)(b) BNSS on basis of judicial inquiry conducted under Section 196 into alleged custodial death – Held: Magistrate’s power und...

Criminal Law – Quashing 0f FIR - Peaceful Protest – Democratic Dissent – FIR Quashed – Petitioners participated in a non-violent protest against the administrative shift of water distribution meeting venue concerning Jawai Bandh – Held: There was no evidence of violence, incitement, damage to property, or threat to public order – The protest was a legitimate exe...

Cheque Dishonour – Appeal by Complainant – Section 138 NI Act – Appeal Maintainable Under Proviso to Section 372 Cr.P.C. – Not Under Section 378(4) – The complainant had preferred an appeal against acquittal along with an application for leave under Section 378(4) Cr.P.C. – Held: In light of Supreme Court’s ruling in Celestium Financial v. A. Gnanasekaran,...

Criminal Law - Quashing of Charges – Interception of Calls – Section 5(2) of Telegraph Act – Petition Dismissed – The petitioner challenged charges framed under Section 120B IPC read with Section 9 of the PC Act alleging unlawful interception of calls and lack of prima facie evidence – The High Court upheld the legality of interceptions based on public safety and conf...

Criminal Law - Section 363, 376 of the IPC & Section 4 of the POCSO Act - Framing of Charge – Scope under Sections 227 & 228 CrPC – Legal Principles Reiterated – Held that at the stage of framing of charge, the court has to sift the evidence for limited purposes to determine whether a prima facie case exists – A strong suspicion suffices but the court cannot act as ...

Criminal Law – Prevention of Corruption Act – Demand and Acceptance of Bribe – Conviction Set Aside – The appellant was convicted under Section 7 of the PC Act for allegedly demanding and accepting ₹2,500 as illegal gratification for issuing a no-dues certificate – The complainant (PW-1) turned hostile, denying any demand or acceptance of bribe and stating that CBI ...

Criminal Law – Murder - Section 302 IPC – Appeal Against Conviction – Sole Eyewitness Testimony – Conviction Based Solely on PW1 Not Sustainable – Appellant convicted on basis of uncorroborated deposition of PW1 – Court found PW1’s credibility questionable due to past enmity with deceased and lack of contemporaneous reporting – Held: Sole testimony c...

Bail in Money Laundering Case – Twin Conditions Under Section 45 PMLA – Bail Granted – Petitioner, former bank president, arrested in connection with ECIR/BGO/05/2021 for offence under Section 4 PMLA – Court considered that trial was unlikely to commence soon, complaint had been filed, and proceedings in predicate offences were either stayed or not yet cognized – Held...