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...
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...
Further Investigation – Power of Magistrate under Section 173(8) Cr.P.C. – Magistrate directed further investigation after a closure report was submitted – Held: The Magistrate's order lacked reasoning, relying solely on the complainant's submissions without application of mind – Decision: The order was set aside, and the trial court directed to rehear the petition ...
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 – 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...
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...
Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of eviden...
Criminal Law – Murder – Acquittal -Circumstantial Evidence – Requirement of Full Chain of Proof – Benefit of Doubt Given – The appellant challenged his conviction for two murders on the grounds that the prosecution failed to establish the motive and the last seen theory – Held: The prosecution could not prove the essential elements of circumstantial evidence as ...
Criminal Law – Murder – Conspiracy and Evidence Destruction – Section 120B and Section 302 IPC – The appellant, along with two co-accused, conspired to murder her 4-year-old daughter to eliminate her as an obstacle to her immoral lifestyle with her co-conspirators – The child's body was exhumed from a plot after the appellant misled the police with a missing compl...