Criminal Law – Stoppage of Proceedings – Section 258 Cr.P.C. – Revision against order of acquittal – Jurisdiction exercised without sufficient grounds – Proceedings stopped under Section 258 Cr.P.C. without compliance of mandated requirements – High Court finds that the Magistrate’s order to stop proceedings was not in accordance with legal standards &ndas...
Police Clearance Certificate – Issuance for Overseas Employment – Petition for the issuance of PCC in light of an opportunity for employment in Brazil – Petitioner’s criminal case history cited as reason for delay in issuance – Trial court’s No Objection Certificate considered – Directed authorities to issue PCC if no adverse information beyond the mention...
Will – Proof and Validity – The petitioner sought to have his name mutated in the revenue records based on a Will executed by Phagulal Patel in favor of Dharmendra Sonkar. The Court emphasized that for a Will to be acted upon, it must be duly proved in accordance with the law. The petitioner failed to provide evidence proving the genuineness and validity of the Will. The Court highligh...
Criminal Law – Circumstantial Evidence – Prosecution’s reliance on extra-judicial confession to Village Revenue Officer – Accused’s confessions led to discovery of blood-stained clothes, weapons – Fingerprint evidence corroborated accused’s presence at scene – All circumstances conclusively pointing to guilt of accused – Convictions upheld [Par...
Criminal Procedure – Quashing of FIR – The application for quashing the FIR was based on the grounds that the alleged cause of action occurred at Indore, and the FIR was lodged as a counter-blast to a divorce petition filed by the applicant. The Court held that the existence of a counter-blast motive and the different residence claims did not justify quashing the FIR as these are matte...
Criminal Law – Territorial Jurisdiction – Section 498-A IPC, Sections 3 & 4 of Dowry Prohibition Act, Section 3(1)(x) of SC & ST (POA) Act – Appellants sought discharge on grounds of lack of territorial jurisdiction, contending harassment occurred in Kurnool, not Visakhapatnam – Special Judge found continuous offence and dismissed discharge petitions – High Co...
Sexual Harassment – Internal Complaints Committee (ICC) – Appellant challenged the fact-finding report and second show-cause notice issued by the ICC, leading to his dismissal – Court upheld the ICC's procedures, stating no violation of natural justice principles – ICC's findings treated as those of an inquiry authority under the Vishaka guidelines and subsequent le...
Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, im...
Criminal Law – Abetment to Suicide – Appeal against the acquittal – Respondents acquitted by the Additional Sessions Judge, Fast Track Court No.5, Jamnagar – Allegations of mental and physical torture leading to suicide of the victim by burning – Dying declaration and witness testimonies considered – High Court upheld the acquittal, finding no manifest illegalit...
Anticipatory Bail – Dowry Death – Petitioners seeking anticipatory bail under Section 438 of Cr.P.C. – Allegations of dowry harassment leading to suicide – Petitioners A.4 and A.5, relatives of A.1 (husband) – Petitioners assert no involvement in marital disputes or the alleged harassment – Opposed by Prosecution on grounds of ongoing investigation – Court...