Criminal Conspiracy - Bail Application – Petitioner accused of involvement in an international conspiracy with links to Pakistan's ISI – Investigation revealed monetary transactions in the petitioner’s account at the direction of a Pakistani national – Held: Prima facie evidence indicates involvement in a network involving foreign intelligence officers, raising concerns...
Criminal Law - Section 91 CrPC – Issuance of Summons Without Investigation – Quashed – Summons issued by the Anti-Corruption Bureau (ACB) under Section 91 CrPC were challenged on the ground that they were issued in the absence of any pending investigation, inquiry, or trial. The court held that Section 91 can only be invoked during a lawful investigation, inquiry, or trial under ...
Quashing of Criminal Proceedings – Rejection of 'B' Report – Cognizance of Offences – No Interference - The petitioners challenged the rejection of two 'B' reports by the Magistrate and the taking of cognizance of offences under Sections 120B, 403, 406, 409, 410, 420, 468, and 471 IPC, alleging that the dispute was civil in nature – Held: The Magistrate'...
Criminal Law – Conviction and Sentencing – Sections 302, 307, 394 IPC – Injured Witness Evidence – Appellants convicted for the murder of Vishnu and causing grievous injuries to Anoop – Trial Court relied on eyewitness testimony of PW8 (injured) and corroborating circumstantial evidence – Appellants argued discrepancies in scientific evidence, absence of blood m...
Criminal Law – Conviction Based on Ballistic Evidence – Appellant Wazir Singh challenged his conviction for murder and arms possession – Trial court’s decision upheld based on ballistic expert’s testimony linking the recovered bullet to the appellant’s firearm – Eyewitnesses turned hostile, failing to identify the appellant – The court emphasized the...
Criminal Writ - Challenge to the opening of Class-B history sheets – Regulation 228 of U.P. Police Regulations – Procedural Irregularities – Impugned Order Quashed – Petitioners challenged the opening of Class-B history sheets approved by the Deputy Commissioner of Police, Greater Noida – The Court found that the order was passed without applying mind, merely approvin...
Criminal Law – Appeal Against Conviction – Circumstantial Evidence – Murder Case – Appellants (accused Nos. 1 and 2) convicted for the murder of deceased Mohandas, challenged their conviction under Sections 109, 120B, and 302 IPC – Trial Court convicted both accused based on circumstantial evidence, including alleged illicit relationship, financial motive, and recover...
Bail in NDPS Cases – Possession of Commercial Quantity – Section 37 NDPS Act – Rigorous Conditions for Bail – Applicant was accused of possessing 220 grams of Mephedrone (MD), a quantity far exceeding the commercial threshold – Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the court’s satisfaction that the accused is not guilty and ...
Criminal Law - Rape on False Promise of Marriage – Consent and Misconception of Fact – The appellant was accused of sexual intercourse with the complainant on the false promise of marriage. The relationship lasted six years, and the complaint was lodged 25 months after the alleged incident. The court found that the relationship was consensual and that the complainant, being a mature ad...
Criminal Law – Grant of Bail – High Court’s Order Quashed – Factors Not Accounted – Held: While granting bail in cases involving heinous offenses, courts must evaluate all relevant factors, including the nature and gravity of the offense, antecedents of the accused, and the likelihood of tampering with evidence – Failure to assign adequate reasons in granting ba...