Criminal Law – Writ of Mandamus – Petition under Article 226/227 of the Constitution – Petitioner, a voter from the Samalkha constituency, sought the issuance of a writ of mandamus for the arrest of respondent No. 5 (Dharam Singh Chhoker), a member of the Haryana Legislative Assembly and candidate, citing multiple FIRs and non-bailable warrants issued against him – High Cou...
Bail Application – Proclaimed Offender – The petitioner sought bail after being declared a proclaimed offender in 1992 for his alleged involvement in a police encounter resulting in the deaths of police officers – The petitioner argued that he was falsely implicated by the police after they allegedly tortured and killed his brother and family members in an extrajudicial encounter...
Criminal Law – Parole Denial – Petitioner challenged the denial of parole by the Deputy Commissioner-cum-District Magistrate, Bathinda, based on the report of the Senior Superintendent of Police (SSP), Bathinda, which cited the petitioner as a threat to public order – Petitioner argued that the denial was unjustified as he had already been acquitted in another related case &ndash...
Indian Penal Code, 1860 – Section 376(2)(n) – Allegation of Repeated Rape – Quashing of Offence – Accused (Circle Inspector) alleged to have had a physical relationship with complainant (wife of a constable) from 2017 to 2021 – Complaint alleges force, fraud, and coercion to obtain consent – Evidence suggests a consensual relationship over four years – Hel...
Bail – Prolonged incarceration of undertrial prisoner – Right to speedy trial – Article 21 of the Constitution – The appellant had been in custody since 24th March 2020, with the prosecution yet to complete the examination of 100 witnesses – The Court emphasized that prolonged incarceration without trial completion violates the fundamental right to a speedy trial &nda...
Criminal Law - Sections 395 and 397 IPC – Appeal against conviction - Acquittal - benefit of doubt - Test Identification Parade (TIP) – Evidentiary value – Non-examination of identifying witnesses – The appellant was allegedly identified in a TIP by the bus driver, conductor, and cleaner—However, none of them were examined during trial—Held: A TIP serves o...
Matrimonial Law - Domestic Violence Act – Maintainability of Application Under Section 528 BNSS (Earlier Section 482 CrPC) – Whether Proceedings Can Be Quashed at Notice Stage – Held: Referred to Larger Bench – Conflicting views of Co-ordinate Benches on whether an application under Section 528 BNSS (earlier Section 482 CrPC) can be entertained to quash proceedings under Se...
Matrimonial Law - Interim Maintenance – Husband’s Meager Income Not a Ground for Denial – Obligation of Able-Bodied Husband – Held: Maintenance Upheld – The applicant challenged the Family Court’s grant of ₹4,000 per month as interim maintenance – Held: An able-bodied husband cannot escape his obligation to maintain his wife merely on the ground of low i...
Bail Application – Prima Facie Case and Delay in FIR – Importance of Unexplained Delay – The accused, the victim’s father, was charged with sexual assault and criminal intimidation under IPC and POCSO – The FIR was filed in April 2024, nearly 11 months after the alleged incident in May 2023 – The Court noted multiple unexplained delays, including the victim&rsqu...
Negotiable Instruments Act – Dishonour of Cheque – Legally Enforceable Debt – The petitioners sought quashing of complaints under Section 138 NI Act on the ground that part payments were made before cheque encashment – The Court held that unless payments are directly correlated to the specific cheque, Section 56 NI Act does not apply – Held: The petitioners failed to ...