SC/ST Act – Appeal under Section 14-A(1) – Order of Framing of Charge – Interlocutory Order – Maintainability – Appellants challenged the order of framing of charges under Sections 427, 504, 506 IPC and Sections 3(1)(da) and 3(1)(dha) of the SC/ST Act passed by the Special Judge, Deoria – Section 14-A(1) provides that an appeal shall lie from any judgment, sente...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Counterblast Complaint – Abuse of Process – Petitioner, a septuagenarian retired person, executed a development power of attorney in favour of the opposite party no. 2, who allegedly sold 66 decimal of land for Rs. 40 lakhs in the petitioner's name using the power of attorney – Petitioner lodged FIR...
Criminal Law – Bail – Rape and Extortion – Sections 64(2)(m), 308(2) and 351(2) BNS – Prima Facie Case – Accused gym trainer alleged to have administered intoxicant to prosecutrix, taken her to hotel in Mohan Nagar, Ghaziabad, raped her, clicked objectionable pictures, and thereafter repeatedly raped her under threat of circulating such pictures while also extorting R...
Criminal Law – Motor Accident – Negligent Driving – Causing Death – Probation of Offenders Act – Sections 279 and 304-A IPC, Sections 134(b) and 187 MVA – Appellant, a BMTC bus driver, involved in accident on 27.12.2011 in which a pedestrian was fatally injured – Trial Court convicted him under Sections 279, 304-A IPC and Sections 134(b) read with Section ...
Contempt of Court – Unauthorised Recording of Court Proceedings – Criminal Contempt – During the course of hearing of miscellaneous petitions, Mr. Anil Suman, driver of petitioner Mr. Kamal Rathore, was found recording court proceedings on his mobile phone without permission and on being caught attempted to delete the recording — Admitted before Court — Held: Unauthor...
Criminal Law – Murder and Attempt to Murder – Abduction – Sections 302/307/364/34 IPC and Section 27 Arms Act – Conviction Upheld – Eight appellants convicted by the trial court for abducting the informant Panchai Munduiya (P.W.1) and deceased Birendra Munduiya by motorcycle to a secluded check dam near Gaurburu forest, shooting the deceased at close range causing his...
Criminal Law – Conviction under Section 323 IPC – Acquittal – Inconsistency of Eye-Witnesses – Appellant convicted by the Trial Court under Section 323 IPC for causing hurt to deceased Ramdhan Biswas, while acquitted of charges under Sections 304, 447, 506 and 34 IPC – Co-accused also acquitted – Held: When the charge under Section 447 (criminal trespass) was no...
Criminal Law – Murder – Section 302 IPC – Acquittal – Failure of Prosecution to Establish Presence of Accused – Deceased Mamta was found dead in her matrimonial home on 15.08.2017 – FIR alleged throttling by husband-appellant Mahipal and other family members – Trial Court acquitted all co-accused (father-in-law, mother-in-law) but convicted the appellant a...
Criminal Law – Section 34 IPC – Common Intention – Pre-plan and Pre-meditation – No Overt Act – Acquittal – Double murder of Rohtash Singh and Anchali Devi allegedly committed by main accused Hawai Singh @ Hari Singh using a licensed gun – Present appellant Karan Singh, a helper/servant of the main accused, was convicted by the Trial Court with the aid of ...
Negotiable Instruments Act — Section 138 — Dishonour of Cheque — Joint Account Holder — Liability — Only Drawer/Signatory Can Be Prosecuted — Cheques were issued from a joint bank account maintained by the applicant and co-accused Rahul Thind, but were signed solely by Rahul Thind — The trial court summoned both on a complaint under Section 138 NI Act &mda...