Criminal Law - Quashing of Proceedings – Section 482 CrPC – Wrong Quotation of Penal Provisions – Petitioner, a Director of company, sought quashing contending offences under Sections 415, 420, 472, 477A, 378 and 379 IPC not attracted – Held: Mere misquoting of penal provisions by investigating agency does not warrant quashing – Trial Court empowered to frame appropri...
Negotiable Instruments Act – Section 138 – Presumption of Legally Enforceable Debt – Execution of cheque and receipt of statutory legal notice admitted by accused – Cheque dishonoured with remark “Account Closed” – Statutory presumption under Sections 118(a) and 139 attracted – Burden shifted on accused to rebut presumption by raising probable defenc...
Bail - Section 12 MCOCA - Arrest and Detention – Look-Out Circular – Commencement of Custody – Appellant detained at Amritsar Airport pursuant to LOC and handed over to Delhi Police – Held, arrest commences from moment liberty is restrained – Custody to be computed from time of airport detention – Subsequent plea of “release” not supported by contemp...
Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...
Criminal Revision – Discharge – Scope under Sections 397 & 401 Cr.P.C. – Limited Interference – Petitioners sought discharge from offences under Sections 498-A, 506, 341, 294, 509 read with Sections 34 and 109 IPC – Revisional jurisdiction invoked against order of JMFC refusing discharge – Held: Revisional power is limited and meant to correct patent illegal...
Criminal Law – Abortion – Section 312 IPC – Summoning Order Quashed – Petitioner summoned for offence under Section 312 IPC for terminating 14-week pregnancy – Termination conducted in a registered medical facility under supervision within the permissible 20-week limit under the MTP Act – Medical records stated reason as marital discord – Court held that a...
Criminal Law – Bail – Cancellation of Bail – Revisional Jurisdiction – Maintainability – Multiple Criminal Revision Applications filed under Section 438 r/w Section 442 BNSS challenging orders of Sessions Court cancelling bail granted by Chief Judicial Magistrate – Applicants contended that offences were punishable with less than seven years or had no minimum se...
Criminal Law – Further Investigation – Power of Magistrate – Limits on Directions to Police – Complaint alleging cheating, forgery and criminal breach of trust referred for investigation under Section 175(3) BNSS – Police filed negative final report – Magistrate refused to accept final report and ordered further investigation under Section 173(8) CrPC – Ho...
Criminal Law – Circumstantial Evidence – Chain of Circumstances – Standard of Proof – Conviction recorded by Trial Court under Sections 364 and 302/34 IPC based entirely on circumstantial evidence – No direct eye-witness to kidnapping or murder – High Court reiterated settled principle that each incriminating circumstance must be fully proved and circumstances c...
Criminal Law – Murder and Robbery – Conviction based on Circumstantial Evidence – Accused Nos.1 to 3 convicted under Sections 302, 397 and 201 read with Section 34 IPC – Deceased murdered to avoid repayment of loan of Rs.2 lakh – Prosecution case resting entirely on circumstantial evidence including motive, last seen together, recovery of stolen articles, extra-judici...