Criminal Law – Robbery – Conviction under Section 397 IPC – Reversed – Appellant convicted for robbery and stabbing under Sections 394/34 and 397 IPC – Trial court sentenced him to concurrent imprisonment of 3 years and 7 years – Complainant identified appellant at police station, but no Test Identification Parade (TIP) was conducted – Held: Dock identific...
Criminal Law – Withdrawal of Prosecution – Permission from High Court Mandatory – Appellant, a former MLA, challenged criminal proceedings arising from FIRs under Arms Act and IPC – State had issued orders to withdraw cases citing public interest, and Public Prosecutor filed withdrawal application before trial court – Held: As per Ashwini Kumar Upadhyay v. Union of In...
Criminal Law - CrPC – MPDVPK Act – Jurisdiction – Cognizance – Magistrate's power under Section 156(3) CrPC – Offences under Section 394 IPC and Sections 11/13 MPDVPK Act being “specified offences” – Only Special Court competent to take cognizance under Section 8 of MPDVPK Act – Magistrate not empowered to direct registration of FIR for spe...
Criminal Law – Murder - Appeal Against Acquittal – Interference – Principles – High Court reiterates that interference is permissible only when findings are perverse, based on misreading of evidence, or when only one view (guilt) is possible – Double presumption of innocence applies – Trial court’s findings found sound and not perverse [Paras 16–20, ...
Criminal Writ - Habeas Corpus - Preventive Detention – Live and Proximate Link – Delay Vitiates Detention – Alleged occurrence on 11.06.2025; arrest on 22.06.2025; detention order on 21.07.2025 – State failed to satisfactorily explain delay – Mere calendrical narration in affidavit insufficient – Applying Anand Prakash (AIR 1990 SC 516) and Sushanta Kumar Bainik...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Weak Evidentiary Value – Petitioner implicated only based on co-accused’s disclosure; no recovery from petitioner; Court holds disclosure statement without corroboration cannot be sole basis for implication; evidentiary value to be tested at trial – Raises serious doubts regarding fairness of investigation [...
Criminal Law – Bail - Rape Allegation – Consent – Breach of Promise to Marry – Petitioner accused of offences under Sections 69 and 75(1) r/w 3(5) of BNS for allegedly refusing to marry the victim after a consensual relationship – Relationship between petitioner and respondent lasted over three years – Victim lodged complaint only after petitioner refused marria...
NDPS Act – Regular bail – Section 37 – Commercial quantity – Recovery of 710 kg poppy husk from vehicle – Petitioners Gurjeet Singh @ Bhura Fauji and Satguru Singh apprehended at spot – Co-accused Lali and Jagtar @ Kari @ Jagtar Singh implicated through disclosure statements – Challan filed and trial underway – Only 2 out of 34 witnesses examined and...
Criminal Law – Anticipatory Bail – Hate Speech and Communal Provocation – Petition under Section 482 BNSS seeking anticipatory bail in FIR alleging hate-motivated and inflammatory statements against the Purvanchal community through viral online interview – Petitioner alleged to have made caste-targeted, communal and defamatory remarks against migrants from UP/Bihar and thei...
Criminal Law – Bail – Parity – Scope and Limit – Grant of bail to accused Rajveer on the sole ground of parity with co-accused Suresh Pal – High Court failed to assess role, gravity, or impact of offence – Supreme Court reiterates that parity must be grounded in similarity of role, not just involvement in same offence – Held: Grant of bail solely on parity...