Criminal Procedural Law - Magistrate’s Power to Take Cognizance – Sections Not in Charge-Sheet – Magistrate Not Bound by Police Opinion – Held: Magistrate under Section 190(1)(b) CrPC (now Section 210 BNSS) is empowered to take cognizance of any offence disclosed by materials on record, even if not included in the charge-sheet – Reiterated that material, not the label...
Criminal Law - Exemption from Personal Appearance – Routine Rejection of Section 317 CrPC Petitions – Held Arbitrary – Trial Court rejected exemption petition on grounds of repeated past defaults – High Court held that discretionary powers must be exercised judicially, especially when supported by justifiable medical reasons – Rejection without considering circumstanc...
Criminal Law - Quashing of Criminal Proceedings – Section 9, 10, 11, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 - Lack of Prima Facie Evidence – Case based on CDRs and Transcripts – Quashing Allowed - The petitioners challenged the FIR, charge sheet, and summoning order alleging conspiracy and illegal gratification to obtain a loan from Sy...
Criminal Law – Quashing - Domain Name Dispute – Criminal Charges Quashed – Civil Dispute Mischaracterized – The petitioner was accused of impersonating the Chancellor of Alliance University and fraudulently attempting to take control of the university’s domain name – Held: Allegations arise from civil dispute over institutional control post-termination – E...
Criminal Law - Transfer Investigation To CBI - Murder Allegation – Conflict Over Property and Will – Suspicious Circumstances – CBI Investigation Justified – Respondents alleged that the deceased was coerced over property ownership by associates of a late MP, leading to his suspicious death – Original investigation by SIT was held to be flawed and lopsided – Hig...
Criminal Procedure – Alteration of Charges – Power Under Section 216 CrPC Exclusive to Court – Petition by Prosecution Impermissible - Court reaffirmed that only the trial court, not any party, can invoke Section 216 CrPC to alter or add charges – Held: Filing of such petitions by prosecution or accused is contrary to the scheme of the Code and delays justice [Paras 16-20]....
Criminal Procedural Law - Set-Off under Section 428 CrPC – Interpretation of “Same Case” – Set-Off Denied – The Court ruled that remand periods under PT warrant while serving sentences in unrelated cases cannot be set off under Section 428, Cr. PC unless it pertains to the same case in which conviction occurs – Held that the term “same case” is cruci...
Criminal Law - Sexual Assault of Minor – Section 354B IPC and Section 10 POCSO – Conviction Upheld – Based on consistent testimony of the victim and her immediate disclosures to two neighbors, supported by FIR and medical evidence, the High Court confirmed the conviction – Appellant’s act of disrobing the 7-year-old victim after luring her into his room established as...
Criminal Procedure – Power of Court to Review Judgments – Section 362 Cr.P.C – Judgment Modification Not Permissible – High Court’s Correction Order Quashed - The High Court’s modification of its final judgment on grounds of “clerical error” was found to be impermissible under Section 362 Cr.P.C. – The Supreme Court held that once a judgment is...
Criminal Procedural Law - Cognizance – Sufficiency of Reasoning – Recording of Prima Facie Case – Cognizance Restored - The High Court remanded the matter to the Trial Court stating that the cognizance order lacked disclosure of prima facie material – Held: The approach of the High Court was erroneous – It is settled law that a Magistrate is not required to record det...