Quashing of Criminal Proceedings – Rejection of 'B' Report – Cognizance of Offences – No Interference - The petitioners challenged the rejection of two 'B' reports by the Magistrate and the taking of cognizance of offences under Sections 120B, 403, 406, 409, 410, 420, 468, and 471 IPC, alleging that the dispute was civil in nature – Held: The Magistrate'...
Criminal Law - Section 91 CrPC – Issuance of Summons Without Investigation – Quashed – Summons issued by the Anti-Corruption Bureau (ACB) under Section 91 CrPC were challenged on the ground that they were issued in the absence of any pending investigation, inquiry, or trial. The court held that Section 91 can only be invoked during a lawful investigation, inquiry, or trial under ...
Criminal Writ - Challenge to the opening of Class-B history sheets – Regulation 228 of U.P. Police Regulations – Procedural Irregularities – Impugned Order Quashed – Petitioners challenged the opening of Class-B history sheets approved by the Deputy Commissioner of Police, Greater Noida – The Court found that the order was passed without applying mind, merely approvin...
Bail Application – Conditions for Granting Bail to Foreign Nationals – The petitioner, a foreign national facing charges under Section 14 of the Foreigners Act and Section 174-A IPC, was granted regular bail. The Court imposed conditions including a personal bond of ₹50,000, surrendering her passport, and restrictions on leaving the Delhi NCR without permission. The petitioner was de...
Criminal Law – Grant of Bail – High Court’s Order Quashed – Factors Not Accounted – Held: While granting bail in cases involving heinous offenses, courts must evaluate all relevant factors, including the nature and gravity of the offense, antecedents of the accused, and the likelihood of tampering with evidence – Failure to assign adequate reasons in granting ba...
Criminal Law - Rape on False Promise of Marriage – Consent and Misconception of Fact – The appellant was accused of sexual intercourse with the complainant on the false promise of marriage. The relationship lasted six years, and the complaint was lodged 25 months after the alleged incident. The court found that the relationship was consensual and that the complainant, being a mature ad...
Bail in NDPS Cases – Possession of Commercial Quantity – Section 37 NDPS Act – Rigorous Conditions for Bail – Applicant was accused of possessing 220 grams of Mephedrone (MD), a quantity far exceeding the commercial threshold – Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the court’s satisfaction that the accused is not guilty and ...
Criminal Law – Appeal Against Conviction – Circumstantial Evidence – Murder Case – Appellants (accused Nos. 1 and 2) convicted for the murder of deceased Mohandas, challenged their conviction under Sections 109, 120B, and 302 IPC – Trial Court convicted both accused based on circumstantial evidence, including alleged illicit relationship, financial motive, and recover...
Criminal Procedure Code – Quashing of FIR – Sections 63 and 65 of Copyright Act, 1957 and Sections 103 and 104 of Trade Marks Act, 1999 – FIR and subsequent proceedings quashed – Violation of procedural safeguards under Trade Marks Act – Investigation and seizure by unauthorized officer [Paras 1–14].
Copyright Act, 1957 – Scope of Copyright – Manu...
Criminal Law – Assault with Deadly Weapons – Common Intention – Accused No. 2 and Accused No. 3 assaulted the complainant (PW-1) and his son (PW-7) with a chopper and knife, respectively – Sessions Court convicted Accused Nos. 2 and 3 under Section 326 IPC read with Section 34 IPC and sentenced them to six years RI – High Court modified the sentence, acquitting Accuse...