Vehicle Confiscation – Pending Criminal Proceedings – Petitioner challenges confiscation of Mahindra Bolero under Section 47(A)(2) of the M.P. Excise Act by Collector during pendency of criminal case – Court discusses jurisdiction and timing of confiscation orders in relation to ongoing criminal trials – Conflicting judgments from coordinate benches on whether confiscation ...
Criminal Procedure – Recalling of Witness – Application under Section 311 of Cr.P.C. to recall a minor victim in a POCSO case – Special Court under POCSO Act rejected the application citing Section 33(5) of the POCSO Act – Petitioner’s counsel contends no absolute bar exists and cites various judgments to support the argument that recall of the victim can be permitted...
Criminal Law – Quashing of Proceedings – Public Servant – Sanction for Prosecution – Petitioner, a public servant, challenged the cognizance of offences under Sections 323 and 504 IPC taken without prior sanction under Section 197 Cr.P.C. The petitioner, while serving as SHO, Police Station Masooda, was accused of abusing and beating the complainant during lawful detention....
Criminal Law – Conviction for Attempt to Murder and Arms Possession – Appellants convicted under Sections 307/34 IPC and Section 25 of the Arms Act – Trial Court sentenced Raj Singh to seven years and others to three years rigorous imprisonment with fines – Appeals contesting convictions based on alleged procedural errors and contradictions in witness testimonies [Paras 1-1...
Criminal Law - Public Servants – Requirement of Sanction under Section 197 CrPC – Summoning Order Quashed – The appellant, a District Town Planner, was accused of illegal demolition of a college building – The Court considered whether the absence of sanction under Section 197 CrPC vitiated the proceedings – Held: The demolition was part of the appellant’s offici...
Criminal Law – Quashing of FIR – Application under Section 482 Cr.P.C. to quash FIR alleging dowry harassment and related offenses – High Court emphasized that FIR can only be quashed in the rarest of rare cases – Court found specific allegations of dowry demands and harassment substantiated by the complaint – Held that the Court cannot examine the veracity of allegat...
Suspension of Sentence – POCSO Act – Appellant convicted under Section 6 and Section 10 of the POCSO Act, as well as under Section 323 IPC – Sentenced to 10 years rigorous imprisonment and additional terms – Application for suspension of sentence filed under Section 389 Cr.P.C. – Appellant has already served 7 years and 3 months in custody – No other criminal an...
Criminal Law – Appeal Against Acquittal – Scope and Principles – The High Court emphasized that judgments of acquittal should not be interfered with lightly and appellate courts must be extremely careful in such cases. Only when perversity of fact and law is found should an acquittal be overturned [Paras 41-42].
Evidence – Inconsistent Testimonies – Mater...
Contempt of Court – Suo Motu Proceedings – Allegations Against Judicial Officer – Respondent’s petition under Section 482 Cr.P.C. contained remarks about Magistrate’s reluctance to pass orders and frequent adjournments – Examination of zimni orders revealed adjournments requested by respondent’s counsel – Court examines whether the remarks constitute...
Motor Vehicle Accident – Nature of Passenger’s Role – Deceased Considered Authorized Representative – The deceased, employed to load and unload goods, was traveling in the offending vehicle when it met with an accident. The insurance company contended that the deceased was a gratuitous passenger as no goods were present at the time of the accident – Held: The deceased...