Criminal Law - Murder – Appeal against conviction - Circumstantial Evidence – Whether Chain of Evidence Was Complete – The appellant was convicted under Section 302 IPC for allegedly murdering the deceased, Haseena, during an exorcism ritual—Prosecution relied on circumstantial evidence, including testimonies of family members and medical reports—Held: Prosecution fai...
Negotiable Instruments Act – Single Complaint for Multiple Cheques – Whether Maintainable – The petitioner challenged the complaint under Section 138 of the NI Act, arguing that separate complaints should have been filed for each of the four dishonoured cheques – Contended that under Section 219 CrPC, no more than three offences can be tried together – Held: A single ...
Criminal Law - Preventive Detention – Distinction Between "Law and Order" and "Public Order" – The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985, as a "dangerous person"—Challenged the detention order, arguing that the offences registered against him relate to "law and order" and do not disturb &qu...
Criminal Law - Dismissal of Complaint – No Prima Facie Case – Allegations Patently Absurd and Inherently Improbable - The petitioner alleged an elaborate conspiracy involving multiple accused, claiming she was shot 25 times but survived due to homeopathic medicine – The Magistrate dismissed the complaint under Section 203 Cr.P.C., finding the allegations ex-facie improbable &ndas...
Criminal Law - False Affidavit – Whether Cognizance Under Section 340 CrPC Valid – Petitioner challenged cognizance taken by Magistrate under Sections 193/199/209 IPC—Held: Cognizance taken without a preliminary inquiry violates procedural safeguards—Order set aside [Paras 10-13].
Jurisdiction – Whether Application Should Have Been Heard by Original Court – C...
NDPS Act – Bail under Section 37 – Procedural Lapses Considered – Applicants accused of dealing in commercial quantities of Codeine Phosphate and Nitrazepam—Prosecution relied on recovery of contraband and WhatsApp chats—Defense argued procedural violations, including absence of proper certification under Section 52A—Held: Strict compliance with statutory proced...
Criminal Law - Preventive Detention – Non-Application of Mind – Order Quashed - The detenu was detained under Section 3(1) of the COFEPOSA Act for alleged involvement in a gold smuggling syndicate – The detention order cited multiple grounds, including past involvement in smuggling and a previous narcotics conviction – The Supreme Court held that there was a lack of indepen...
Limitation Law - Condonation of Delay – No Sufficient Cause – High Court’s Order Set Aside - The respondents sought to set aside an ex-parte decree after a delay of 1312 days, citing misplaced case files and delayed handover by counsel – The Supreme Court held that no reasonable explanation was provided for the delay, especially since the legal heirs of the defendant were a...
Bail - Rape on False Promise of Marriage – Whether Offence Under Section 376 IPC Made Out – The appellant contended that the victim voluntarily accompanied him and had a consensual relationship—Held: The accused initially promised marriage but later refused solely due to the victim’s caste—Since the promise was insincere from inception, it constitutes rape under Secti...
Criminal Law – Quashing – Rape - False Promise of Marriage – Long-Term Consensual Relationship – FIR Quashed – The appellant and the complainant were in an intimate relationship for over 16 years – The complainant alleged that the appellant had engaged in sexual intercourse with her under a false promise of marriage – However, she continued the relationshi...