Criminal Law – Trespass & Theft – Section 447, 379, 34 IPC – Conviction upheld – Petitioners convicted by Trial Court for trespassing and digging for precious stones in a Reserved Forest Area, which was confirmed by the Appellate Court – The High Court found no merit in the revision petition, upholding the conviction – The Court dismissed the revision petiti...
Criminal Law – Bail – NDPS Act – Commercial Quantity – Petitioners (A2, A6, A7) sought bail in a case involving 200 kg of ganja – Prosecution relied on confessional statements of co-accused and antecedents of A2 and A6 – A7 had no criminal record – Held: Given commercial quantity and habitual nature of offence, rigour of Section 37 NDPS Act attracted &ndas...
Property Law – Title Dispute – Competing Sale Deeds – Void-Ab-Initio Document – Where a vendor does not possess valid title, the sale deed executed by them is Void-Ab-Initio and does not create any right, title, or interest in favour of the transferee – Appellant's vendors (Nelluri Ramaiah and Siva Naga Parvathi) had no title as the real owners (Nelluri Atchamma a...
Criminal Law – Quashing of Non Bailable Warrants – NDPS Prosecution – Legality of Arrest Warrants – Proclaimed Offender Declaration – Petitioner not named in FIR but implicated through second disclosure of co-accused pharmacist – Initially placed in column No.2 of the charge-sheet – Non-bailable warrants issued by Magistrate and petitioner declared proclai...
Criminal Law – Acquittal – Attempt to Murder – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Appeal Against Acquittal Dismissed – Complainant and wife allegedly assaulted by accused using knife and iron pipes – Injuries confirmed by medical officer but contradictions in witness accounts regarding time, identity, mode of assault, and abse...
Matrimonial Law - Maintenance pendente lite – Section 24 HMA – Non-earning wife residing at parental home – Absence of ITRs and expense bills – Effect of Rajnesh guidelines – Prior MoU cannot override statutory right – Interim maintenance upheld – Appeal dismissed [Paras 16–25].
Maintenance – Pendente Lite – Section 24 HMA &n...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Public Servant – Abuse of Position – Petitioner, a former Tahsildar, accused of illegally and hastily converting forest land for industrial use without due compliance of rules and forest clearance – Allegations supported by official enquiry and statements under Section 161 CrPC – Held: No mala fid...
Criminal Law - NIA Act – Section 21 – Appeal against order framing charge – Maintainability – Held: order framing charge is interlocutory for purposes of appeal under NIA Act – appeals dismissed as not maintainable – remedy lies under Section 482 CrPC / Section 528 BNSS [Paras 1–20].
Criminal Procedure – National Investigation Agency Act...
Criminal Law – Acid Attack – Conviction under Sections 326/34 and 304/34 IPC – Appeals against conviction – FIR held ante-timed – Effect of ante-timing – FIR shown to be registered at 6:30 a.m. but evidence established that informant returned from Delhi only around 7:45 a.m. and FIR was lodged after consultation around 9:00 a.m. – Held: FIR clearly ante-ti...
Criminal Law – Discharge – Magistrate’s Jurisdiction – Re-investigation – Magistrate discharged the accused petitioner after considering the police report which exonerated him – Simultaneously directed re-investigation without request or leave under Section 173(8) CrPC – Held: Magistrate became functus officio after discharge and lacked authority to order ...