Criminal Law - Writ Jurisdiction – Article 32 – Discretionary Relief – Non-Availing of Remedies – Petitioners filed writ petition under Article 32 seeking FIR registration, protection, and CBI transfer arising from family disputes over property and cremation of their deceased father – High Court of Orissa, in suo motu PIL, had directed restoration of land, police prot...
NDPS – Section 43 – Seizure in Public Place or in Transit – Applicability over Section 42 – Appellants were intercepted on NH 353 near forest naka Temari when their Eicher truck was found carrying 700 kg of Ganja concealed under scrap material – Appellants contended non-compliance of Section 42 of the NDPS Act – Held: Where search and seizure is effected from a ...
Sexual Offences — POCSO Act — Age of Victim — Proof — Sections 5(m) r/w 6 and 376AB IPC — Age below 12 years is a foundational requirement for attracting the aggravated provisions — Prosecution relied upon school affidavit (Ext. PW5/A), admission register (Ext. PW5/D) and birth certificate (Ext. PW5/B) issued by school Principal to Investigating Officer — ...
Bail — Cancellation — High Court granting bail without engaging prior Supreme Court order cancelling bail — Duty to identify supervening circumstances or fresh grounds — High Court's impugned order failed to advert to the earlier Supreme Court order dated 27.01.2025 cancelling bail, failed to identify any changed factual matrix or supervening circumstances justifying de...
Criminal Law – Criminal Defamation – Section 499 and 500 IPC – Quashing of Summoning Order – No Prima Facie Case – Applicant's daughter died under disputed circumstances; applicant lodged FIR under Sections 304B and 498A IPC against son-in-law and family – Opposite Party No. 2, a doctor of Meerut, filed complaint alleging that a news article published in Dai...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Essential Ingredients – Legally Enforceable Debt – Proof – Complainant alleged he gave a friendly loan of Rs. 3,00,000/- to the respondent and in discharge thereof two cheques of Rs. 1,00,000/- and Rs. 2,00,000/- dated 26.06.2012 were issued – Cheques dishonoured for insufficient funds &ndash...
Habeas Corpus — Maintainability — Married Detenue Residing with Husband — Petitioner claiming to be close friend and live-in partner of a married woman filed habeas corpus petition alleging she apprehended threat from her husband — Detenue admittedly married to Respondent No. 5 with a child from the said marriage and residing with him — Held: Court cannot intervene in...
Criminal Law – Murder – Circumstantial Evidence – Acquittal – Appellants convicted by Trial Court and sentence confirmed by High Court for murder of the son of the de-facto complainant, whose body was found in a field on 01.11.2012 – Prosecution relied on last seen together theory, extra-judicial confession, recovery of weapons and motorcycle, serological report and o...
Criminal Law – Attempt to Murder – Grievous Hurt – Alteration of Conviction – Section 307 read with Section 34 IPC – Section 325 read with Section 34 IPC – Appellants convicted by Trial Court and confirmed by High Court under Section 307/34 IPC for assaulting informant Amar Singh with lathis causing fractures in both parietal bones, neurological complications an...
Criminal Law – Criminal Intimidation – Section 503/506 IPC – Independent Examination of Charges – Acquittal Under Sections 376, 493, 354C IPC – Conviction Under Part II Section 506 IPC Upheld – Appellant acquitted of rape and allied charges as relationship was held consensual, but convicted for criminal intimidation by threatening to upload video of prosecutrix ...