Criminal Law - Proclamation of Absconding Person - Compliance with Section 82 CrPC – Petition challenging orders declaring petitioner as proclaimed person under Section 82 CrPC – Proclamation issued with less than 30 days between publication and the date fixed – Subsequent adjournment to meet 30-day requirement not valid compliance – Petition allowed, orders set aside. [Par...
Speedy Trial – Right to Expeditious Disposal – Petitioner sought directions for the swift resolution of the complaint filed against the respondent for non-repayment of a friendly loan – Emphasized respondent’s attempts to delay proceedings by avoiding court appearances – Court referenced precedents on the right to a speedy trial, affirming it as an essential part of t...
Criminal Procedure – Non-Bailable Warrants – Proclamation of Offender – Petition to quash warrants and proclamation – Criminal Appeal against order declaring petitioner as proclaimed offender – Held, Petitioner, despite being aware of the proceedings and warrants, failed to appear before the trial court – Justification provided for issuance of non-bailable warra...
Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making ...
Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Non-Commercial Quantity – Petition for regular bail where the petitioner was implicated based on the disclosure statement of a co-accused and a small quantity of 35 grams of heroin was recovered from him. Held, the petitioner was not named in the initial secret information, and the recovery from him is significantly ...
Criminal Law – Acquittal – Arms Act Sanction Requirement – Appeal challenging the acquittal of respondents for charges under Sections 307, 326, 452 read with Section 34 IPC, and Section 27 of the Arms Act. Held, as per the mandatory provisions of the Arms Act, prosecution requires prior sanction from the District Magistrate, which was absent in this case. The trial court's ac...
Criminal Procedure – Revisional Court Powers – Re-appreciation of Evidence – Petition challenging the revisional court's order which directed the trial court to reconsider the framing of charges. Held, the revisional court does not have the power to re-appreciate existing evidence but can only interfere if there is procedural irregularity or if material evidence was overlooke...
Negotiable Instruments Act – Imposition of Compensation – Retrospective Application – Petition challenging the imposition of compensation under Section 148 NI Act for a complaint filed before the amendment. Held, the amendment aimed at addressing undue delay in cheque dishonor cases applies retrospectively to appeals against convictions even if the complaint was filed prior to th...
Criminal Law - Anticipatory Bail - Rejection - Petition for pre-arrest bail under Section 438 Cr.P.C. - Allegations in FIR grave - Petitioner evading arrest for over two and a half years indicating possibility of fleeing - P.O. proceedings initiated against petitioner - Petitioner's reliance on parity with co-accused granted bail under Section 439 Cr.P.C. on ground of custody rejected - Petiti...
Criminal Law - Bail - Principles for Granting Bail – Criminal petitions for bail under Section 439 Cr.P.C. by individuals accused of economic offenses involving significant tax evasion through the creation of fake firms – Court reaffirms that bail is the rule and jail is the exception, emphasizing personal liberty under Article 21 of the Constitution – Held that refusal of bail m...