Criminal Law – Procedural Violations – Appellant, a police inspector, conducted a raid on the respondent’s spa suspecting illegal activities – Raid led to the detention of an Indonesian citizen working as a massage therapist – FIR registered was later quashed due to procedural non-compliance – Court emphasized mandatory compliance with Section 15 of the ITP Act ...
Criminal Law – Quashing of Proceedings – Petitioner sought to quash proceedings under Section 482 Cr.P.C. for alleged offences under Section 498A IPC – Contention that Section 498A applies only to cruelty by husband or his relatives, and not applicable to live-in relationships – Prosecution conceded absence of a legal marriage between the parties – High Court referenc...
LOC and Travel Permission – Investigation by SFIO – Petitioner’s request to suspend LOC and permit travel abroad was declined by the Special Judge – High Court upheld this decision emphasizing the ongoing investigation involving significant economic offenses – Court found that petitioner failed to fully disclose assets and there was a risk he might not return to face ...
Criminal Law – Bail Application – Prolonged Incarceration – Petitioner in custody since January 2021 – Trial progressing slowly with only 12 out of 30 prosecution witnesses examined over more than three years – Court held that right to a speedy trial is a fundamental right under the Constitution of India – Bail granted due to undue delay in trial [Paras 1-5].
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Criminal Law – Cheating and Criminal Conspiracy – Quashing of FIR – Financial Dispute – Abuse of Process – The FIR was registered on the complaint of Avtar Singh, alleging that petitioner Jagsir Singh Dhiman refused to return a sum of ₹9,50,000 arising from a business dispute in agricultural tool manufacturing – Petitioners contended that this was a civil disp...
Quashing of Criminal Proceedings – Jurisdiction of Indian Courts – Sections 188 Cr.P.C. and 494 IPC – Proceedings Quashed – The petitioner sought to quash a complaint filed by the respondent through his Power of Attorney alleging offences of bigamy, cheating, and other charges – The Court found that the marriage was solemnized in Maharashtra, and the alleged offences ...
Application of Section 319 CrPC – Addition of Accused Based on New Evidence – Contradictory Testimony – The petitioner, mother of the deceased, was added as an accused based on new evidence presented during trial under Section 319 CrPC – while earlier witnesses claimed the death was accidental, evidence emerged suggesting the death resulted from manual strangulation –...
Definition of Built-Up Area – Open-to-Sky Ramp – Inclusion in Built-Up Area Excluded – The appeal considered whether a ramp providing access to terrace parking falls within the definition of "built-up area" under the Kerala Municipality Building Rules, 2019 – Held: Open-to-sky ramps or driveways for vehicular access are not included in the built-up area, provided ...
Criminal Procedure – Anticipatory Bail – Factors to Consider – High Court granted anticipatory bail to respondents accused under Sections 302, 341, 323, 307, 504, and 34 of IPC – Appellant challenged the order, citing specific allegations in FIR and chargesheet indicating respondents’ involvement in setting the deceased ablaze with intent to kill – Supreme Court...
Criminal Procedure Code, 1973 – Discharge under Section 227 Cr.P.C. – Lack of Prima Facie Case – Appellant (Accused No.13) sought discharge under Section 227 Cr.P.C. from charges under Section 27(b) of the NDPS Act – Sole evidence against the appellant was the confession statement of a co-accused (Accused No.1) – Held: Confessional statement of a co-accused is inadmis...