Criminal Law – Bail – NDPS Act – Arms Act – Wildlife Offences – Grant of Bail in Multi-offence FIR – Prolonged Custody – Petitioners Rinku Thapar and Divyam arrested in connection with FIR alleging recovery of drug money, arms, wildlife articles, and narcotics – Petitioners in custody for over one year and two months – Charges framed, but trial...
Preventive Detention – Delay in Passing Detention Order – Live-Link Doctrine – Detenu involved in three FIRs under NDPS Act and enlarged on bail in all – Last prejudicial activity allegedly on 18.09.2024, but detention order passed only on 01.03.2025 – Held: Delay of nearly six months snapped the live link between alleged activities and purpose of detention – No...
Criminal Law – Suspension of Sentence – Condition to Deposit Compensation – Petitioners convicted under Section 138 NI Act sought suspension of sentence – Appellate Courts allowed suspension but directed 20% of compensation to be deposited – Petitioners challenged such conditions, citing financial incapacity or delay – Held: As per Division Bench ruling in Corom...
Matrimonial Law - Maintenance – Enforcement of Order – Section 125 CrPC – Look Out Circular – Jurisdiction of Family Court – Family Court issued LOC against husband for non-payment of maintenance – Held: Family Court has no power or jurisdiction to issue Look Out Circular while executing maintenance order under Section 125 CrPC [Paras 1, 6].
Criminal Procedur...
Criminal Law – Quashing of FIR and Charge-Sheet – Scope of Inherent Jurisdiction – FIR lodged alleging ridicule, abuse and intimidation – Charge-sheet filed for minor offences – Allegations against present petitioner vague and omnibus – No specific overt act attributed – Held: Continuation of proceedings would amount to abuse of process of Court – FI...
Criminal Law – Conviction Based Solely on Section 313 CrPC Statement – Appellant convicted for dacoity under Sections 395 and 397 IPC solely on the basis of admission recorded under Section 313 CrPC – No prosecution witness of fact examined – Only formal witness (P.W.1) proved FIR and charge-sheet – Held: Statement under Section 313 CrPC is not substantive evidence an...
Criminal Law – Bail – Illegal Detention – Petitioner accused under Sections 64(1)/351(3) BNS and Section 4 of POCSO Act – Detained by police beyond 24 hours without production before magistrate – Medical examination conducted on 18.08.2025 though notice under Section 179 BNSS issued only on 19.08.2025 – High Court held that custody since 18.08.2025 without court...
Criminal Law – Food Adulteration – Misbranding – Reversal of Conviction – Accused prosecuted for selling misbranded soy sauce bottles lacking batch number and vegetarian symbol – Convicted by Trial Court under Section 16(1)(a)(i) PFA Act and sentenced to six months' simple imprisonment – First Appellate Court acquitted the accused – Held: Appellate Cou...
Criminal Law – Section 319 CrPC – Summoning of Additional Accused – Repeated Applications – Judicial Discipline – Revisionists, though named in FIR, were exculpated during investigation and not charge-sheeted – Multiple applications for summoning under Section 319 CrPC rejected at different stages including cognizance stage and after committal – Subsequent...
Criminal Law – Murder Trial – Sole Eyewitness Testimony – Conviction Based Solely on Testimony of P.W.10 Not Sustainable – P.W.10 claimed to witness the murder, but his presence was denied by other key witnesses including the informant – Contradictions and delay in recording his statement remain unexplained – Held: P.W.10’s testimony lacks credibility, is ...