Parole – Temporary Release – Grounds for Parole – Petition challenging rejection of parole for solemnizing marriage of petitioner's daughters – Petitioner already availed four weeks parole for house repair – High Court holds that parole under Section 3(1)(b) and 3(1)(d) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 are independent and not con...
Criminal Procedure – Quashing of Proceedings – Petitions to quash Calendra under Section 145 Cr.P.C. regarding land ownership dispute – Deceased Colonel Gurdev Singh's property claimed by petitioner (his second wife) and respondent No. 5 (his daughter) – Civil suit for declaration of ownership already pending – Ad interim injunction granted to maintain status quo ...
Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...
Criminal Law – Quashing of FIR – Petition to quash FIR and subsequent proceedings under Sections 376, 120-B IPC, and Section 3 of SC/ST Act – Complainant alleged sexual exploitation and caste-based humiliation by accused Vishal Sharma – Petitioners (accused's family) allegedly involved in caste-based remarks – No evidence that petitioners had any role in initial e...
Contempt of Court – Wilful Disobedience – Respondents alleged to have violated Supreme Court's order granting interim anticipatory bail – Petitioner contends wrongful detention, custodial torture, and failure to comply with procedural safeguards – The Court issued notice of contempt to police officers and judicial authorities involved, with subsequent discharge of certa...
Criminal Law – Harboring Offenders – Section 212 IPC – Petition against conviction for harboring terrorists and dismissal from BSF – Petitioner convicted by General Security Force Court – Alleged confessional statement denied by petitioner – High Court held that no knowledge or reason to believe the harbored persons were terrorists – Offense under Section ...
Criminal Procedure – Recalling Witness – Section 311 Cr.P.C. – Petition challenging dismissal of application to recall witness – Trial court dismissed application citing delay – High Court held delay not attributable to petitioner due to later issuance of crucial bank communication – Clarification from Branch Manager essential to resolve material discrepancy &nd...
Criminal Law – Pre-arrest Bail – Summoning as Additional Accused – Petition for anticipatory bail by additional accused summoned under Section 193 Cr.P.C. – Petitioners' names figured in FIR but were exonerated in the report under Section 173 Cr.P.C. – Trial court found active role and summoned them – High Court held trial court justified in summoning &ndash...
Narcotic Drugs and Psychotropic Substances Act – Disclosure Statements – Appeal against conviction under Section 20/29 NDPS Act – Appellant No. 1 apprehended with 5.5 Kg charas at railway station – Disclosure by appellant No. 1 implicating appellant No. 2 as supplier – No recovery from appellant No. 2 – Trial Court convicted both appellants – Appeal of app...
Narcotic Drugs and Psychotropic Substances Act – Evidence – Acquittal on Grounds of Insufficient Evidence – Appeal challenging conviction under Section 15(c) of NDPS Act – Appellant not apprehended at the spot, identified solely by a police witness – No independent corroboration or ownership link to the vehicle – Prosecution’s case had discrepancies in wit...