Criminal Law - Sanction for Prosecution – Validity – Prevention of Food Adulteration Act, 1954 – Appeal Challenged – The appellant, a Food Inspector, challenged the acquittal of the accused by the trial court on the ground that the sanction for prosecution was improperly granted – Held: The trial court's finding that the sanctioning authority did not possess the r...
Criminal Law – Revision Petition – Acceptance of Final Report – Petitioner challenged the order of the Additional Chief Judicial Magistrate accepting a final report as Mistake of Fact without due notice to the complainant – High Court found improper service of notice and set aside the Magistrate’s order [Paras 1-14, 21-23].
Service of Notice – Legal...
Criminal Law – Quashment of FIR and Charge-Sheet – Applications seeking to quash the FIR, charge-sheet, and criminal proceedings against the applicants – Allegations involve assault and use of criminal force against police personnel by prisoners in a temporary prison – Applicants argue procedural improprieties and lack of specific roles attributed to them – Court reje...
Forum Shopping and Non-Disclosure in Bail Applications – Cancellation of Bail – Section 439(2) CrPC – Bail initially granted to the accused, Rajesh Singh, was challenged by the complainant, alleging forum shopping and misrepresentation by the accused, who filed multiple applications without disclosing facts to obtain interim relief – The High Court found that the accused&rs...
Criminal Law - Conviction Modified from Murder to Culpable Homicide – Sudden Quarrel and Lack of Premeditation – Appeal Partly Allowed – The appellants were convicted under Section 302 IPC following a violent altercation over land, during which the deceased, Bahal, was fatally injured by the appellants using agricultural tools. Held: The Court found that although the appellants c...
Bail Application – Principle of Bail as a Rule, Jail as an Exception – The Court reiterated the principle that bail should be the norm and jail the exception, especially when an accused has been in prolonged custody. The petitioner has been detained since September 2020, and given the stage of the trial and lack of criminal antecedents, extended custody was deemed unwarranted [Paras 40...
Cheque Dishonour – Liability of Sole Proprietor – Petitioners challenged summoning orders under Section 138 of the NI Act, arguing sole proprietor not liable as cheques signed by authorised signatory – Court held sole proprietor liable as cheques issued on behalf of proprietorship firm – Emphasized proprietorship firm not distinct from proprietor [Paras 2-23].
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Criminal Law – Dismissal of Discharge Petition in Criminal Revision Case – Petitioners sought discharge from charges of cheating under Sections 420 and 506(ii) IPC, along with conspiracy under Section 34 IPC in relation to a property sale that turned contentious. High Court of Madras examined the circumstances surrounding the execution of the sale and subsequent accusations of failing ...
Criminal Procedure – Quashing of FIR and Final Report – Counter cases of altercation and physical assault – Delay in filing FIR and investigation by different officers – High Court dismissed petitions to quash proceedings – Held, issues of delay and procedural irregularities to be determined at trial [Paras 1-11].
Counter Cases – Investigation and T...
Criminal Procedure – Quashing of Proceedings – Petitioner company and its officials challenged the criminal proceedings initiated for non-compliance with statutory requirements under the Sales Promotion Employees Act – Complaint filed beyond the limitation period prescribed by Section 11(2) of the Act – Petitioners argued absence of specific averments regarding their role i...