Criminal Procedure Code – Section 482 – Quashing of FIR – High Court cannot pass a blanket order of protection from arrest – Proceedings ended once High Court declined to quash the FIR – Remedies under CrPC available to accused for protecting liberty – Blanket direction impedes investigation – Appeal allowed, High Court order set aside [Paras 2-11]. Jud...
Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34]. C...
Criminal Appeal – Conviction under Section 20 of the NDPS Act – Appeal against judgment and order of conviction by High Court – Acquittal by Trial Court – Dispute regarding the applicability of Section 50 of the NDPS Act – Interpretation of the expression "to search any person". [Para 1-18] Analysis of Applicability of Section 50 of NDPS Act - Search of p...
Bail Application – Rejection by High Court Petitioner appeals against the High Court's decision, which had denied his bail in connection to a case registered under Section 4 of the Prevention of Money Laundering Act, 2002. [Para 1] Representation by Counsel Learned senior counsel for the petitioner argues that Rs. 30 lakhs in the petitioner's bank account cannot be considered as p...
Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...
Criminal Law – Recall of Witnesses – Section 311 CrPC- Section 311 CrPC provides the court with wide discretionary power to summon or recall witnesses if their evidence appears essential to the just decision of the case. The Supreme Court emphasized that the true test is whether the evidence of such person is crucial for resolving the issues in the trial, irrespective of the case&...
Negotiable Instruments Act - Complaints under Section 138 - Legally recoverable debt - Cheque issued within the period of limitation - Complaints filed within time - No grounds for quashing the complaint - High Court erred in quashing the proceedings - Orders set aside. [Para 2-18] Expeditious Trial of Cases under Section 138 of NI Act - Power of Magistrate under Section 322 of CrPC - Jurisdict...
Abuse of Process – Inherent Powers under Section 482 CrPC – Quashing of FIR- The inherent powers of the High Court under Section 482 CrPC or Article 226 of the Constitution can be invoked to quash criminal proceedings if it is found that the proceedings amount to an abuse of process of law or are intended to harass the accused. The Supreme Court highlighted that criminal proceedin...
Criminal Appeal – Reversal of Acquittal by High Court – Conviction under Section 302 IPC The appellant was convicted under Section 302 of IPC by the High Court of Karnataka, reversing the acquittal granted by the Trial Court. The appellant challenged the High Court’s judgment in the Supreme Court. [Para 2-6] Last Seen Theory – Inconsistencies in Testimonies and...
Criminal Law – Bail – Grant of Bail – The High Court's decision to grant bail to the accused, a history-sheeter charged with murder and other serious offences, was challenged. The Supreme Court noted the potential threat to witnesses and the safety concerns of victims' families. It emphasized the need for courts to consider the impact of bail on the witnesses and the publ...
