Criminal Law – Appeal against Conviction – Delay in FIR – Valid reasons for delay in reporting matter to police recorded by Trial Court – Injuries to complainant and parents established by medico-legal reports – Conviction upheld – Appellants ordered to undergo probation for one year due to the long duration of trial. [Para 11-13]
Minor Injuries to ...
Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...
Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...
Criminal Procedure – Regular Bail – Lengthy Custody – Second petition for regular bail under Section 439 Cr.P.C. The petitioner was found in possession of 265 grams of Tramadol (commercial quantity) and a firearm with live cartridges. He has been in custody for 40 months, and the trial is at a nascent stage. Held, despite the petitioner’s involvement in multiple criminal ca...
Criminal Law – Quashing of Proceedings Under the Drugs and Cosmetics Act – Madras High Court quashes the criminal complaint against Sumathi, accused of selling drugs without a pharmacist's supervision – Allegations stem from an inspection on 30/09/2021 at M/s Pradhan Mandri Bharthiya Janaushadhi Kendra by the Drug Inspector, which resulted in a complaint against both the prop...
Negotiable Instruments - Interim Compensation - Criminal Revision against Trial Court order directing interim compensation under Section 143-A of the Negotiable Instruments Act - Provisions of Section 143-A held directory, not mandatory - Magistrate's discretion should not be exercised capriciously or arbitrarily - Order set aside due to lack of well-founded parameters and reasoning. [Paras 1-...
Criminal Law - Summoning of Additional Accused –Criminal Revision against the order of the Additional Sessions Judge allowing the summoning of additional accused under Section 319 Cr.P.C. – FIR registered following a scuffle between Brahmin and Dalit youngsters – The final report found some accused innocent, but this was not conclusive – The court emphasized that the right ...
Criminal Law - Surety’s Liability - Appeal - Appeal against orders imposing a fine of Rs.1 lac on surety due to the non-appearance of the accused - Held, Fine must be proportionate to the circumstances, inconvenience to the court, and expense in re-apprehending the accused - Appellant, who facilitated the re-arrest of the accused, deserves reduction in penalty - Appeal Partly Allowed, fine r...
Criminal Law – Appeal against Acquittal – Section 378(4) Cr.P.C. – Injuries – Absence of X-ray Film – Medico-Legal Examination – Application for leave to appeal against acquittal – No x-ray film produced nor radiologist examined – Doctor’s opinion based on report without seeing x-ray film – Held, grievous injury not proved – Second ...
Criminal Procedure – Interlocutory Order – Travel Abroad – Sections 482, 397(2) Cr.P.C. – Petition for setting aside order declining permission to travel abroad – Order qualifies as interlocutory, barring revision under Section 397(2) – Petition under Section 482 maintainable – Petitioner a permanent resident of Australia, previously granted permission to ...