Criminal Law - Adjournments – Excessive and Repeated Requests – Court’s Duty to Prevent Abuse of Process – Repeated adjournments sought by the petitioner/accused for leading defence evidence were granted, including a final opportunity on 11/11/2024 – Despite this, no evidence was produced on 21/12/2024 – Held: The petitioner’s conduct was aimed at delaying...
Money Laundering – Bail Application – Role in Proceeds of Crime – Applicant sought regular bail after being charged for his involvement in the money laundering activities of the "Mahadev Online Book" betting syndicate – Prosecution alleged that the applicant actively facilitated operations, including managing funds, handling visas for associates, and holding asset...
Criminal Procedure – Further Investigation – Quashing of Order – Revision Application – Petitioner sought quashing of order dated 23.03.2021, rejecting further investigation in a case registered under Sections 363/365/366/372/34 IPC – Trial Court found no error in the investigation and held the case fit for trial – Petitioner argued for further investigation to ...
Quashing of Criminal Proceedings – Section 482 CrPC – Lack of Prima Facie Case – Proceedings Quashed – Allegations of harassment, physical assault, and criminal intimidation during wrongful termination – Held: Prima facie ingredients of offences under Sections 323, 504, 506, 509, and 511 IPC not disclosed – Discrepancies in complaint and chargesheet indicate a m...
Criminal Law – Conviction and Sentencing – Section 498A IPC and Section 4 of the Dowry Prohibition Act (DP Act) – Modification of Sentence – Appellant convicted under Section 498A IPC and Section 4 of DP Act for subjecting his wife (PW-4) to harassment with unlawful demands for dowry – Trial Court sentenced the appellant to three years imprisonment under Section 498A ...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...
Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...
Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...