Criminal Law – Conviction – Appeal – Validity of Evidence – Appellant convicted for repeated rape and criminal intimidation of step-daughter, aged 12, leading to pregnancy – Defense argued on grounds of improbable prosecution narrative, unreliable evidence, delay in FIR, and manipulated documents – Prosecution relied on consistent and corroborated testimonies, m...
Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Bail Application – Rape Allegations: Petition filed under Section 439 Cr.P.C. seeking bail in a case registered under Section 376 IPC. The petitioner allegedly committed sexual assault on the prosecutrix under the false promise of marriage. The trial court denied bail, and the petitioner approached the High Court.
Prima Facie Evidence – Consent and Mis...
Criminal Procedure Code – Section 145 Cr.P.C. – Opportunity of Hearing – Proceedings under Section 145 Cr.P.C. initiated without proper notice and opportunity to the petitioners – Orders passed in violation of principles of natural justice – Proceedings quashed [Paras 1-14].
Criminal Procedure Code – Section 146 Cr.P.C. – Attachment of Propert...
Criminal Law – Bail – Section 302 IPC – Speedy Trial and Delay – Petitioners, accused of causing the death of Manpreet Kaur by running a car over her, sought bail after nearly three years in custody – The prosecution’s case faced challenges due to delays in trial, with only 11 out of 32 witnesses examined – Held, given the prolonged pre-trial detention and...
Constitutional Law – Right to Life and Liberty – Couple Seeking Protection – Petitioners, a married couple, approached the court seeking protection from threats posed by family members opposing their marriage – Held, the right to choose a partner is protected under Articles 14 and 21 of the Constitution – Court emphasized the duty of the state to ensure the protection...
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
Preventive Detention – Non-supply of documents – Detenue challenged the detention order on grounds of non-supply of WhatsApp chats which were relied upon by the detaining authority – High Court dismissed the writ petition despite a Coordinate Bench quashing detention orders for co-accused on similar grounds – Supreme Court held that non-supply of such documents vitally affe...
Criminal Procedure – Dismissal of Application under Section 156(3) Cr.P.C. – Petitioner's application for registration of FIR against respondents under Section 156(3) Cr.P.C. dismissed by the learned Metropolitan Magistrate and upheld by the learned ASJ – Allegations involved threats, trespass, and false implication in a criminal case – Petitioner sought cross FIR for e...
Criminal Law – Anticipatory Bail – Section 482 BNSS – Fraud and Forgery Allegations – Petitioner sought anticipatory bail in a case involving charges of fraud, forgery, and criminal conspiracy related to an alleged scheme to send the complainant's nephew abroad – The complainant alleged the petitioner’s involvement in defrauding him of Rs. 20,24,000 under th...