Criminal Procedure – Discharge Application – Prima Facie Case Established – Rejection Upheld – The petitioner, an advocate, sought discharge in a case involving forgery, conspiracy, and transfer of government land based on disputed mutation entries. Both the Magistrate and Sessions Judge rejected the discharge application, citing prima facie evidence of the petitioner&rsquo...
Criminal Law – POCSO and Rape – Conviction Reversed – Appellant convicted under Section 376 IPC and Section 6 of the POCSO Act for alleged rape of a minor victim, who later delivered a child – Trial Court relied on the victim's birth certificate and statement recorded under Section 164 CrPC to conclude the victim's minority and convict the accused – High...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act – Bail Application – Rejection – Bail under Section 37 – Stringent Conditions – Petitioner Amritpal Singh filed for regular bail in a case registered under Sections 8(c)/21(c)/23(c)/29 of the NDPS Act for alleged involvement in drug trafficking. The case involved smuggling of 102.784 kg of heroin conc...
Multiple Bail Applications – Consolidated Disposal – Section 483 of Bharatiya Nagarik Suraksha Sanhita – Bail Granted – The petitioner was accused in multiple cases for non-payment of dues to victims for cardamom purchases. He had been in custody since 29.05.2024. The Court held that indefinite incarceration was unnecessary and released the petitioner on bail subject to str...
Criminal Law – Last Seen Theory – Applicability in Circumstantial Evidence – Conviction Upheld – The appellant Surya Kanta Behera @ Katiki was last seen accompanying the deceased on the evening of 12.12.2007 on a motorcycle. Hours later, the appellant returned alone with the deceased’s motorcycle, offering no explanation for the deceased's whereabouts. The proximi...
Negotiable Instruments Act – Quashing of Complaint Based on Compromise – Petition Allowed – The petitioner sought quashing of a complaint under Section 138 of the Negotiable Instruments Act, 1881, citing a mutual settlement between the parties – Held: Continuation of proceedings after a mutual compromise amounts to abuse of process of law – It was observed that the co...
Public Servant – Necessity of Sanction for Prosecution – Section 19 of PC Act and Section 197 of CrPC – Charges Quashed – The petitioner, who was the Sarpanch at the time of the alleged offense, was charged under Sections 13(1)(c)(d) and 13(2) of the PC Act, and Sections 409 and 467 IPC, for misappropriation of public funds and forgery in connection with the construction of...
Criminal Law – Bail under PMLA – Allegations of Money Laundering – Petitioners accused of raising funds for unlawful activities under the guise of donations for Popular Front of India (PFI) – Alleged proceeds of crime were used to incite violence, disturb communal harmony, and fund terrorism – Petitioners in custody for over 2 years – Held: No prima facie case u...
Divorce by Mutual Agreement – Recognition of Mubara’at – Declaration of Divorce Granted – The appellant sought a declaration of matrimonial status after claiming to have given triple talaq. The matter was resolved through a mubara’at (mutual agreement) dated 15.06.2024, wherein both parties agreed to dissolve the marriage subject to payment of Rs.30,00,000/- by the ap...
Criminal Law – Appeal Against Conviction – Acquittal – Appellant convicted for the offence under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POCSO Act by the trial court – Sentenced to 10 years’ rigorous imprisonment – Allegation of sexual assault on a deaf and mute minor girl by the appellant – High Court analyzed the inconsistencies, lacu...