Criminal Law – Rape on False Promise of Marriage – Conviction Quashed – Appellant convicted under Sections 376(2)(n) and 417 IPC for engaging in sexual relations on alleged false promise to marry – Parties later agreed to marry and solemnised their marriage on 22.07.2025 – Court observed consensual relationship was given a criminal colour due to misunderstanding and d...
Criminal Law – Appeal against Acquittal – Scope of Interference – State challenged acquittal of respondents for offences under Sections 323/427/308/506/34 IPC – High Court reiterated that interference with acquittal is permissible only when findings are perverse or manifestly illegal – Trial Court’s view found to be a plausible view based on evidence – Hel...
Criminal Law – Magistrate’s Direction to Register FIR – Revision – The revisionists challenged the order of the Additional Chief Judicial Magistrate, Hathras directing the police to register an FIR under Section 156(3) CrPC – High Court held that such an order is interlocutory in nature and not open to revision at the instance of a person against whom neither cognizan...
POCSO Act – Aggravated Penetrative Sexual Assault – Conviction – Appeal Dismissed – Appellant convicted under Section 6 of POCSO Act for committing repeated rape on a minor girl aged about 13 years, resulting in pregnancy – Trial Court sentenced appellant to rigorous imprisonment for ten years – On appeal, High Court finds no perversity or illegality in apprecia...
Criminal Law – Bail – Mob Lynching – Serious Offences Punishable with Life Imprisonment/Death – Applicants sought bail in a triple-murder case arising out of a mob attack during COVID-19 lockdown – Allegations included brutal assault with sticks and stones, incitement of mob, conspiracy, attack on police personnel and destruction of evidence – Held: Nature and g...
Criminal Law – Quashing of FIR – Scope and Limits – Appellants sought quashing of FIR and summoning order at pre-trial stage – Court reiterated that inherent jurisdiction can be exercised only where allegations, taken at face value, do not disclose commission of any offence – High Court cannot conduct a mini trial or assess veracity of evidence at cognizance stage [Pa...
Criminal Law – Murder – Conviction reversed – Deceased was found hanging – Initial police investigation treated death as suicide – Case later altered to homicide based on delayed statements of eyewitnesses – Appellants convicted under Section 302 r/w 34 IPC by Sessions Court – High Court finds that eyewitnesses (PW-6 and PW-10) did not inform police of all...
Bail – Medical Grounds – UAPA Offences – Statutory Embargo under Section 43-D(5) – Appellant aged 77 sought bail citing multiple ailments including cardiac disease, pacemaker implantation, urological, ophthalmic and neurological conditions – Held: Bail on medical grounds can be granted only in exceptional cases where medical condition cannot be adequately treated in c...
Service Law – Transfer of Bank Officer – Mid-term and Frequent Transfers – Judicial Review – Petitioner, a specialised officer (Senior Manager (Law), Scale-III), transferred thrice within a short span including transfer within two months from Bahraich to Salem, Tamil Nadu – Despite normal tenure of three years prescribed under Bank’s Transfer Policy – Cour...
Criminal Law – Dishonour of Cheque – Directors’ Liability – Quashing of Complaint – Petitioners sought quashing of criminal proceedings initiated under Sections 138/141 of the NI Act on ground that no specific role was attributed to them in the complaint – Held: Mere reproduction of statutory language not sufficient – Complaint must aver how each director ...