Criminal Law – FIR Quashing - Mines and Minerals (Development and Regulation) Act – Requirement of Authorized Complaint – Section 22 of the Act – FIR quashed for prosecution initiated without a written complaint by an authorized officer as mandated by Section 22 of the Act, 1957 – Cognizance of offences under the Act or its Rules can only be taken upon such authorized...
Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...
Dishonour of Cheque – Presumption under Section 139 N.I. Act – Rebuttal by Accused – Acquittal Upheld - The appellant alleged that the respondent borrowed Rs. 5,00,000 and issued a cheque, which was dishonoured for insufficient funds – The appellant argued that the memorandum of understanding executed by the respondent during the pendency of the case admitted the debt and i...
Criminal Law – POCSO Act – Failure to Report – Section 21 r/w Section 19(1) POCSO Act – Petitioner, a gynecologist, accused of failing to report minor's pregnancy and alleged unauthorized abortion – Medical records showed victim's age as 18 years, as disclosed by her and parents at the time of treatment – No evidence of deliberate failure to report crime...
Criminal Law – Quashing - Proclaimed Offender Declaration – Non-compliance with Section 82 of Cr.P.C. – Order Set Aside – The Chief Judicial Magistrate failed to record satisfaction regarding the petitioner’s absconding or concealment, as mandated under Section 82(1) of Cr.P.C. – Proclamation proceedings vitiated for non-adherence to procedural requirements, inc...
Criminal Conspiracy - Bail Application – Petitioner accused of involvement in an international conspiracy with links to Pakistan's ISI – Investigation revealed monetary transactions in the petitioner’s account at the direction of a Pakistani national – Held: Prima facie evidence indicates involvement in a network involving foreign intelligence officers, raising concerns...
Criminal Law – Quashing - Breach of Contract – Civil Nature – Ingredients of Cheating Absent – FIR Quashed – The petitioner failed to appear as a guest artist at agreed events despite receiving an advance payment. The court held that mere breach of contract without fraudulent or dishonest intention at the outset does not constitute the offence of cheating under Sectio...
Criminal Law – Murder Conviction – Acquittal – Appeal by Accused under Section 302 IPC – The appellants were charged for the murder of Anoop at Nettayam Junction on 08.07.2010 – The first accused inflicted fatal injuries with a chain saw, while the second and third accused allegedly assisted in furtherance of common intention – Trial court convicted all accused ...
Criminal Law – Conviction Based on Ballistic Evidence – Appellant Wazir Singh challenged his conviction for murder and arms possession – Trial court’s decision upheld based on ballistic expert’s testimony linking the recovered bullet to the appellant’s firearm – Eyewitnesses turned hostile, failing to identify the appellant – The court emphasized the...
Criminal Law – Conviction and Sentencing – Sections 302, 307, 394 IPC – Injured Witness Evidence – Appellants convicted for the murder of Vishnu and causing grievous injuries to Anoop – Trial Court relied on eyewitness testimony of PW8 (injured) and corroborating circumstantial evidence – Appellants argued discrepancies in scientific evidence, absence of blood m...