Criminal Law – Appeal Against Acquittal – Injuries by Firearm – Trial court acquitted respondents Nos. 2 to 6 of charges under Sections 307/149, 147, 148, 324/149 IPC and Section 27 of the Arms Act – Prosecution proved that Respondent No. 2 (Dilip Singh) fired with a double-barrel gun causing simple injuries to the informant and his son – Medical evidence confirmed mu...
Quashing of FIR – Civil Dispute with Elements of Criminality – FIR Not Quashed – The petitioners sought quashing of the FIR on the ground that the dispute was purely civil in nature and related to non-compliance with contractual obligations – Allegations included siphoning of ₹6.32 crore from complainants under false assurances of timely completion of a real estate projec...
Matrimonial Law - Presumption of Legitimacy – Paternity and Legitimacy under Section 112, Indian Evidence Act – Conclusive Proof – DNA Test Not Ordered – The Supreme Court held that a child born within a valid marriage is conclusively presumed to be legitimate unless non-access between spouses is proved – Mere allegations of an extramarital relationship or an addition...
Criminal Procedure – Further Investigation – Quashing of Order – Revision Application – Petitioner sought quashing of order dated 23.03.2021, rejecting further investigation in a case registered under Sections 363/365/366/372/34 IPC – Trial Court found no error in the investigation and held the case fit for trial – Petitioner argued for further investigation to ...
Money Laundering – Bail Application – Role in Proceeds of Crime – Applicant sought regular bail after being charged for his involvement in the money laundering activities of the "Mahadev Online Book" betting syndicate – Prosecution alleged that the applicant actively facilitated operations, including managing funds, handling visas for associates, and holding asset...
Criminal Law - Adjournments – Excessive and Repeated Requests – Court’s Duty to Prevent Abuse of Process – Repeated adjournments sought by the petitioner/accused for leading defence evidence were granted, including a final opportunity on 11/11/2024 – Despite this, no evidence was produced on 21/12/2024 – Held: The petitioner’s conduct was aimed at delaying...
False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...
Criminal Procedure – Recording of Second Statement under Section 164 CrPC – Legal Validity – The prosecutrix's father moved an application for recording her second statement under Section 164 CrPC, claiming that the earlier statement was false and implicating the applicant would amount to abuse of process – Held: While the law permits recording of multiple statements un...
NDPS Act – Recovery of Charas – Appeal by the State challenging the acquittal – Conviction - Compliance with Section 42 of NDPS Act – Case of Chance Recovery – Not Attracted – It was argued that non-compliance with Section 42 of the NDPS Act rendered the prosecution's case invalid as the investigating officer suspected contraband before conducting the ...
Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld – Appeal by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for alleged cruelty and abetment of suicide under Sections 498-A, 306, and 114 IPC – The prosecution alleged that the deceased Kantaben was harassed by her in-laws...