Criminal Procedure – Application Under Section 319 CrPC – Whether Witnesses Who Are Particeps Criminis Can Be Summoned as Accused – Held: Yes – Petitioner, an accused in an illegal iron ore mining case, filed an application under Section 319 CrPC seeking to summon 23 forest officials as accused, alleging they signed blank permits later used for illegal transportation &ndash...
Breach of Trust – Quashing of Proceedings – Section 406 IPC – The petitioner sought quashing of the final report and proceedings on grounds of non-compliance with procedural preconditions under Sections 154(1) and 154(3) of the Cr.P.C. The court evaluated whether the complaint and subsequent proceedings were justified despite alleged procedural lapses, ultimately finding sufficie...
Bail – Section 439 CrPC – Regular Bail in Cases Involving National Security – Held: Not Granted – Petitioner accused of provoking unrest in Punjab by writing Khalistani slogans and disseminating anti-national content on social media – Court emphasized that such actions threaten national sovereignty and public order – Mere delay in trial is not sufficient to just...
Money Laundering – Bail Under Section 45 of PMLA – Twin Conditions Mandatory – High Court’s Order Unsustainable – The High Court granted bail to the respondent without considering the twin conditions mandated under Section 45 of the PMLA – Held: Section 45 overrides general provisions of CrPC and imposes a higher threshold for bail – The High Court failed ...
Criminal Law – Murder Trial – Conviction based on Circumstantial Evidence – Failure to Establish Complete Chain of Circumstances – The appellant was convicted under Section 302 IPC for the murder of the deceased, primarily based on circumstantial evidence – The prosecution relied on the "last seen together" theory and alleged evasive responses from the appel...
Bail - Pre-Trial Incarceration – Right to Speedy Trial – Applicability of Section 436-A CrPC – Applicants had been in custody for nearly five years for offences carrying a maximum sentence of 7 years – The Court reaffirmed that Section 436-A CrPC applies to PMLA cases and overrides the rigors of Section 45 PMLA, as held in Vijay Madanlal Choudhary v. Union of India – ...
Criminal Law – Murder Trial – Benefit of Doubt – The appellants were convicted for the murder of two individuals based on eyewitness testimony and circumstantial evidence – The High Court found inconsistencies in the prosecution’s case, including delay in filing the FIR, unreliable testimony of the child witness, and lack of proper investigation – Held: Benefit ...
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 ...
Criminal Procedure – Issuance of Passport – Section 6 of the Passports Act, 1967 – Petition filed by the accused seeking permission for the issuance of a passport and travel abroad – The petitioner was accused in a case involving human trafficking and export of narcotic drugs – Held: The issuance of a passport was refused based on the provisions of Section 6, as allow...
Habeas Corpus Petition – Dismissal After Return of Missing Person – No Grounds for Further Judicial Review – The petitioners’ mother, who was allegedly in unlawful detention, returned home during the pendency of the Habeas Corpus petition – The High Court dismissed the petition as infructuous – The Supreme Court held that once the detenue is no longer in unlawfu...