Criminal Law - Bharatiya Nagarik Suraksha Sanhita (BNS) - Section 193(3) - Police Report - Stay on filing charge sheet - High Court directed investigation to continue but restrained the submission of the police report till pendency of the writ petition - Held - A blanket interim order staying the filing of the charge sheet affects the statutory right and duty of the police to investigate cognizabl...
Criminal Law - Code of Criminal Procedure 1973 - Section 482 - Quashing of criminal proceedings - Principles and Guidelines - Bhajan Lal precedent - Held - High Court failed to exercise inherent power to quash proceedings when allegations even if taken at face value do not constitute any offence - [Paras 10-20]
Indian Penal Code 1860 - Sections 405 and 406 - Criminal Breach of Trust - Entrustme...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r) and 3(1)(s) - Atrocities - Place within public view - Essential ingredients - Appellants were charged for hurling casteist slurs inside a residential house - Held, the requirement that the incident must occur in "a place within public view" is a sine qua non for constituting offences under Sectio...
Criminal Law – Section 332 IPC – Voluntarily Causing Hurt to Public Servant – Section 504 IPC – Intentional Insult – Appellant Devanand entered the cabin of the informant (Dr. Pankaj Jawale, Chief Officer, Municipal Council, Osmanabad, belonging to Mahar caste) on 15.05.2007 and questioned him regarding non-issuance of a death certificate, hurled abuses questioning hi...
Criminal Law - Negotiable Instruments Act 1881 - Section 138 - Quashing of Proceedings - Non-signatory Spouse - Liability under Section 138 is strictly in personam requiring a mandatory identity-link between the account holder, the drawer, and the signatory - Petitioner being a total stranger to the account and non-signatory to the instrument cannot be prosecuted - Held - To compel a non-signatory...
Criminal Law - Indian Penal Code, 1860, Section 302 - Murder - Oral Dying Declaration - Reliability - Deceased disclosed the name of the assailant (Appellant) to his brother (PW-1) at the scene and during transit to the hospital - Held, a truthful and voluntary dying declaration, if found reliable, can by itself form the sole basis of conviction without the necessity of corroboration. The omission...
Juvenile Justice – Child in Conflict with Law – Bail – Section 12(1) Proviso – CCL tried as adult – Standard of Consideration – CCL/applicant, being tried as an adult in FIR No. 11/2024 (PS Badarpur) under Section 302/34 IPC for alleged murder of Gaurav @ Paggal by inflicting multiple stab injuries along with two other CCLs and two adult accused – Decision...
Criminal Law – Murder – Section 302/149 IPC – Unlawful Assembly – Common Object – Six accused appellants armed with rifles, axes, spears and knives arrived at the residence of deceased Pushpraj alias Pushpendra on the night of 01.07.2007 at 10:00 PM, threatened him for pursuing a case against appellant Krishna Pal, dragged him out and mercilessly assaulted him with th...
Murder – Section 302/34 IPC – Common Intention – Abatement of Appeal – Surviving Appellant – Deceased Laxman was allegedly assaulted with laathis by four accused-appellants on 15.06.1982 near a well, following suspicion that Laxman had informed the police about illicit liquor manufacture at the house of Raghuver – Trial Court convicted all four accused-appellant...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Revision – Concurrent Findings – Scope of Revisional Jurisdiction – Revisionist-convict challenged concurrent conviction and sentence upheld by both trial court and appellate court — Trial court sentenced revisionist to imprisonment till rising of court with compensation of Rs.7,40,000/- incl...