Bail Application – Proclaimed Offender – The petitioner sought bail after being declared a proclaimed offender in 1992 for his alleged involvement in a police encounter resulting in the deaths of police officers – The petitioner argued that he was falsely implicated by the police after they allegedly tortured and killed his brother and family members in an extrajudicial encounter...
Criminal Law – Parole Denial – Petitioner challenged the denial of parole by the Deputy Commissioner-cum-District Magistrate, Bathinda, based on the report of the Senior Superintendent of Police (SSP), Bathinda, which cited the petitioner as a threat to public order – Petitioner argued that the denial was unjustified as he had already been acquitted in another related case &ndash...
Indian Penal Code, 1860 – Section 376(2)(n) – Allegation of Repeated Rape – Quashing of Offence – Accused (Circle Inspector) alleged to have had a physical relationship with complainant (wife of a constable) from 2017 to 2021 – Complaint alleges force, fraud, and coercion to obtain consent – Evidence suggests a consensual relationship over four years – Hel...
Matrimonial Law - Interim Maintenance – Husband’s Meager Income Not a Ground for Denial – Obligation of Able-Bodied Husband – Held: Maintenance Upheld – The applicant challenged the Family Court’s grant of ₹4,000 per month as interim maintenance – Held: An able-bodied husband cannot escape his obligation to maintain his wife merely on the ground of low i...
Matrimonial Law - Domestic Violence Act – Maintainability of Application Under Section 528 BNSS (Earlier Section 482 CrPC) – Whether Proceedings Can Be Quashed at Notice Stage – Held: Referred to Larger Bench – Conflicting views of Co-ordinate Benches on whether an application under Section 528 BNSS (earlier Section 482 CrPC) can be entertained to quash proceedings under Se...
Criminal Law - Sections 395 and 397 IPC – Appeal against conviction - Acquittal - benefit of doubt - Test Identification Parade (TIP) – Evidentiary value – Non-examination of identifying witnesses – The appellant was allegedly identified in a TIP by the bus driver, conductor, and cleaner—However, none of them were examined during trial—Held: A TIP serves o...
Bail – Prolonged incarceration of undertrial prisoner – Right to speedy trial – Article 21 of the Constitution – The appellant had been in custody since 24th March 2020, with the prosecution yet to complete the examination of 100 witnesses – The Court emphasized that prolonged incarceration without trial completion violates the fundamental right to a speedy trial &nda...
Criminal Procedure – Issuance of Passport – Section 6 of the Passports Act, 1967 – Petition filed by the accused seeking permission for the issuance of a passport and travel abroad – The petitioner was accused in a case involving human trafficking and export of narcotic drugs – Held: The issuance of a passport was refused based on the provisions of Section 6, as allow...
Negotiable Instruments Act – Dishonour of Cheque – Legally Enforceable Debt – The petitioners sought quashing of complaints under Section 138 NI Act on the ground that part payments were made before cheque encashment – The Court held that unless payments are directly correlated to the specific cheque, Section 56 NI Act does not apply – Held: The petitioners failed to ...
Criminal Law – Murder Trial – Benefit of Doubt – The appellants were convicted for the murder of two individuals based on eyewitness testimony and circumstantial evidence – The High Court found inconsistencies in the prosecution’s case, including delay in filing the FIR, unreliable testimony of the child witness, and lack of proper investigation – Held: Benefit ...