Medical Negligence – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR and subsequent criminal proceedings – Allegations against a senior gynecologist for leaving a surgical sponge inside a patient during surgery – Initial investigation followed by medical board review and subsequent judicial scrutiny – FIR and criminal proceedings quashed b...
Criminal Law – Sections 420, 467, 468, and 471 IPC – Requirement of Intentional Deception – Quashment of Proceedings – The appellant challenged criminal proceedings initiated on allegations of fraud and forgery under Sections 420, 467, 468, and 471 IPC, arguing that issues in the sale deed registration related to undervaluation should have been addressed under Section 47-A ...
Money Laundering – Scheduled Offence Requirement – Absence of Scheduled Offence at Time of Complaint – Bail Granted – The appellants were detained for prolonged periods in a PMLA case initiated based on an ECIR and FIR which initially did not include a scheduled offence. The Court noted that when the complaint was filed under Section 44 of the PMLA, there was no scheduled o...
Criminal Law – Quashing of FIR – FIR for offences under Sections 376, 377, 323, 509, 34, 380 IPC – Petitioners seek quashing based on settlement agreement – Court observes FIR contains serious allegations of sexual violence, misrepresentation, and threats – Compromise involving monetary settlement not sufficient ground for quashing in serious criminal cases – Pe...
Criminal Law – Bail - Jurisdiction of Court in Bail Conditions – Extent of Conditions under Sections 437(3) and 439 CrPC – Conditions for Bail Set Aside - The High Court, while granting bail to the appellants, imposed conditions mandating the removal of a wall and transferring possession of disputed property to the complainant, thus encroaching upon the jurisdiction of the civil ...
Corruption – Conviction Appeal – Appellant convicted under Section 7 of The Prevention of Corruption Act for accepting a bribe while posted as LDC in Naib Tehsildar's office – Appeal contends lack of proof of demand and acceptance – Complainant turned hostile, claimed money was repayment of loan from appellant's wife – Trial Court's judgment examined for e...
Criminal Law – Murder Conviction – Appellant convicted under Section 302 IPC for the murder of Somati – Conviction challenged – High Court re-evaluates evidence and finds that the altercation was sudden, without premeditation, and under the influence of alcohol – Conviction altered to Section 304 Part II IPC – Sentence reduced to the period already undergone [Pa...
Negotiable Instruments Act – Appeal Against Conviction – Deposit of 20% Fine Under Section 148 N.I. Act – Exceptional Circumstances – The petitioner challenged the order of the Additional Sessions Judge directing him to deposit 20% of the fine amount as a condition for admitting the appeal against his conviction under Section 138 N.I. Act – Held: The deposit of 20% of...
Criminal Proceedings – Cheating and Dishonest Intent – Application to quash proceedings initiated for non-payment for supplied wheat – Applicants claimed dispute is civil in nature, and invoked moratorium under IBC – High Court held prima facie case under Section 420 IPC made out – Rejected plea of moratorium protection under IBC for criminal liability – Applica...
NDPS – Bail - Right to Speedy Trial – Bail Denial Despite Delayed Trial – Petitioners argued for bail due to delayed trials affecting their constitutional rights under Article 21 – Held: Despite the delay, the trial court demonstrated due despatch in recording witness depositions. The court rejected the bail application, upholding the balance between individual rights and n...