Criminal Law – Arrest and Remand Procedures – Constitutionality and Legality of Arrest under UAPA – Supreme Court directed release of the appellant – Grounds of arrest must be communicated in writing at the earliest – Arrest and remand order found invalid due to non-communication of grounds of arrest to the appellant – Ratio of Pankaj Bansal case applied –...
Criminal Law – Dishonor of Cheque – Liability of Directors – The Supreme Court deliberated on whether the appellant, a director of a company, could be held liable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, for cheques issued by the company. The appellant, a director but not the signatory or person in charge of day-to-day affairs of the compan...
Criminal Law - Quashing of FIR and Charge-sheet - Criminal Appeal against High Court's order dismissing petition to quash FIR - FIR and charge-sheet for offences under Sections 420 read with Section 120B, Section 294(b), Section 506(ii) read with Section 114 IPC, alleging fraud in real estate transactions - Supreme Court holds allegations do not disclose necessary ingredients of the offences -...
Criminal Law – Conviction Quashed – Appeal by the accused against High Court’s judgment upholding conviction under Sections 354D and 506-Part I IPC – Appellant and complainant married during the appeal's pendency – Supreme Court invoked Article 142 of the Constitution of India to quash the conviction to preserve matrimonial harmony – Impugned judgments set a...
Criminal Law - Quashing of FIR and Charge-sheet – Criminal Appeal against High Court order rejecting petition to quash FIR for criminal trespass, property damage, and threats – FIR filed for offenses under Sections 447, 427, 294, 506 read with Section 34 IPC – Allegations involve trespass and demolition of property – Appellant contends the FIR is false, with significant del...
Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...
Criminal Law - Dishonour of Cheque - Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. - Conviction upheld by Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi - Petitioner convicted under Section 138 N.I. Act for dishonour of cheque amounting to Rs.5,26,785/- - Sentenced to simple imprisonment for four months and fine of Rs.8,50,000/- with default clause - ...
NDPS Act – Regular Bail – Petitioner, accused of possessing 8.25 grams of MDMA, sought bail under Section 439 of Cr.P.C. – Arrested on 30.3.2024, currently in judicial custody – Petitioner claimed innocence and alleged false implication – No previous criminal antecedents and no apprehension of absconding if granted bail [Paras 2-4].
Considerations for Bai...
Criminal Law – Conviction under Section 6 of POCSO Act, Section 506 IPC, and Section 323 IPC – Appeal against Trial Court’s Acquittal – High Court Reversal of Acquittal based on Victim's Testimony and Corroborative Evidence – Victim's consistent testimony, supported by medical evidence and corroborative witnesses, held sufficient for conviction despite delay i...
Criminal Law – Acquittal under Sections 302 and 120-B IPC – Leave to appeal dismissed by High Court – Prosecution failed to establish motive and link in the chain of circumstantial evidence – Alleged harassment for dowry not substantiated by evidence – No eye witnesses, case relied on circumstantial evidence – Last seen theory and recovery of material exhibit (c...