Bail – NDPS - Criminal Procedure – Jurisdiction of High Court under Section 439 CrPC – Scope Limited to Bail – The High Court, while deciding a bail application, awarded compensation to the respondent for wrongful confinement – The Supreme Court held that the High Court exceeded its jurisdiction under Section 439 CrPC, which is limited to granting or refusing bail &nd...
Criminal Law – Revisional Jurisdiction – Discharge order in a murder case - High Court’s Power to Stay Discharge Order – The High Court exercised its revisional jurisdiction to stay the order of discharge granted by the Sessions Court and directed the appellant to surrender – The Supreme Court held that an order staying the discharge is an extraordinary measure that s...
Criminal Procedure – Proclamation under Section 82 Cr.P.C. – Non-Compliance with Mandatory Procedure – Held: The trial court declared the petitioner a proclaimed person without adhering to the procedural requirements of Section 82 Cr.P.C. – No prior issuance of summons or bailable warrants before resorting to proclamation – Failure to record satisfaction that the peti...
Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...
Criminal Law – Quashing - Medical Termination of Pregnancy – Authorization and Gestational Age – Held: Sunrise Hospital was authorized to conduct MTP up to 16 weeks – Normal gestational age calculation using LMP showed pregnancy was within the permitted limit – No violation of Section 5(3) of the MTP Act – Proceedings quashed [Paras 6, 12-14].
Medical Termina...
Criminal Law - Quashing of FIR – Section 505(2) IPC – No Prima Facie Case – Allegation of false news report against the petitioner, a media network editor, for airing misleading information – The petitioner neither hosted nor participated in the broadcast – Held: No ingredient of Section 505(2) IPC met – FIR quashed [Paras 8-12].
Freedom of Press – Medi...
Criminal Writ – Maintainability of Writ for Registration of FIR – Availability of Alternative Remedies – Petitioner sought directions for registering an FIR against judicial officers and advocates, alleging collusion in land grabbing – Held: Writ petitions or petitions under Section 482 CrPC for FIR registration should not be entertained when statutory remedies under Sectio...
Quashing of Cross-Case – Delay of 12 Years – Re-Investigation Held Unjustified – The petitioner sought quashing of a cross-case (DDR) filed in 2012, arguing that he was declared innocent in the original investigation and no fresh material warranted reopening the matter – The Trial Court had ordered re-investigation without assigning any cogent reasons – Held: Re-inves...
Negotiable Instruments – Power of Attorney Holder Conducting Case – Trial Court’s Rejection Not Justified – The petitioner, who had filed a complaint under Section 138 of the NI Act, left for the UK for studies and appointed her father as power of attorney holder to conduct the case – The Trial Court rejected the application on the ground that the complaint did not co...
Quashing of Proceedings – Criminal Intimidation – Insufficient Material – Petition to quash final report and proceedings under Section 482 of Cr.P.C. – Allegations under Sections 366, 354(D)(1), 354, and 506 read with Section 34 IPC – Threat by 2nd accused related to an earlier incident not linked to the primary crime – Threat insufficient to constitute criminal...