Non-Lodging of FIR – Remedy Available under Section 156(3) CrPC – Writ of Mandamus Denied
The petitioner filed a writ petition seeking a mandamus to compel the police to lodge an FIR regarding a complaint dated 25.09.2024, as no action had been taken by the authorities. The court referred to the judgment in Lalita Kumari vs. Government of U.P., which emphasizes the duty of the polic...
Criminal Law – Cheating and Forgery – Quashing of Criminal Proceedings – The appellants, accused of cheating and forgery in a loan fraud involving forged mortgage documents submitted to a bank, sought to quash the proceedings after a settlement was reached – High Court dismissed the plea, citing that the offenses affected public interest, and could not be quashed due to a p...
Constitutional Law – Validity of Legislation – Khalsa University (Repeal) Act, 2017 – Challenge to the repeal of Khalsa University established under the 2016 Act – Appellant argued the repeal act was discriminatory, arbitrary, and violated Article 14 of the Constitution – Respondent State of Punjab justified repeal, citing protection of the heritage character of Khals...
Criminal Procedure – Discharge Application – Rejection – Accused, Gurendra @ Golu, sought discharge on the grounds of alibi, claiming presence at the High Court Photo Identification Centre, Allahabad, on the day of the incident – Trial court rejected the discharge application, which was challenged through revision – Held: Trial court’s decision was justified as ...
Criminal Procedure – Condonation of Delay – Filing of Criminal Appeals – Delay of 390 days in filing Appeals under Section 21(5) of the National Investigation Agency (NIA) Act, 2008 – Petition by appellant/accused No. 2 seeking condonation of delay in filing the Appeals – Delay caused in filing the Criminal Appeals against orders dated 27.02.2023 passed by the Special...
Criminal Law – Quashing of FIR – Allegations of Rape – Petitioners sought quashment of the FIR and charge sheet on the grounds that the prosecutrix is a consenting adult and the case has been amicably settled – Held: Offenses under Section 376 IPC (rape) are serious in nature and cannot be quashed on the basis of compromise, as they have a profound impact on society –...
Criminal Law – Murder – Circumstantial Evidence – The appellant was convicted for the murder of his neighbor following an altercation over a disputed will – The prosecution relied on circumstantial evidence and a dying declaration made by the deceased – The trial court convicted the appellant, despite acquitting the co-accused on the same evidence – Held: The co...
Criminal Law – Murder Conviction – Intentional Killing – Appellant convicted under Section 302 IPC for killing the deceased with an axe – Prosecution’s case was based on the eyewitness testimonies of P.W.1 (wife of the deceased) and P.W.2 (son of the deceased) – Held: The appellant, after an initial altercation, went to his house, returned with an axe, and infli...
Discharge Petition – Prima Facie Case – Sections 420 and 120B IPC – Charges Framed – The petitioners sought discharge from charges relating to financial irregularities and fraudulent loan disbursals under criminal conspiracy. The court held that prima facie evidence showed the petitioners' involvement as members of the Gram Sewa Sehkari Sabha Samiti. – Held: The t...
Criminal Law - Confiscation of Vehicle – Lack of Hearing Opportunity – The petitioner, the owner of the confiscated vehicle, challenged the SDM's confiscation order, asserting that he was not granted a reasonable opportunity to be heard, as required by Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 – Held: The SDM failed to comply with the statut...