Criminal Law – Evidence – Call and Tower Location Records – Right of Accused to Summon Relevant Evidence – Section 91 Cr.P.C. – Held: Tower location records of witnesses in alleged trap proceedings are relevant for determining their presence at the scene of the incident – Denial of such evidence would amount to miscarriage of justice – Directions issued to...
Quashing of Criminal Proceedings – Amicable Settlement – Law Students – FIR Quashed – Held: Criminal proceedings in Bharatpur P.S. Case No. 168 of 2024, corresponding to C.T. Case No. 497 of 2024, quashed due to amicable settlement – Petitioners, being law students, directed to volunteer at an orphanage to imbibe responsibility and accountability – No useful pur...
Criminal Law – Bail in Economic Offences – Forgery and Cheating – Prima Facie Case – FIR registered against the accused for furnishing forged bank guarantees (BGs) and misappropriating goods worth ₹3.06 crores supplied on credit – Chargesheet alleged that the Applicant, as Managing Director, supervised the furnishing of the forged BGs – High Court held: Eviden...
Default Bail – Period of Custody – Right Extinguished upon Filing of Challan – Petition Dismissed – The petitioner contended entitlement to default bail under Section 167(2) CrPC, asserting that the applicable period for filing the challan was 60 days as per Part-I of Section 307 IPC. The court found that at the time of filing for default bail, Part-II of Section 307 IPC, w...
Bail in UAPA Cases – Long Incarceration and Delay in Trial – Section 43(D)(5) of UAPA – The appellant has been incarcerated for over 11 years and faces charges primarily under Sections 17 and 18 of UAPA, with allegations of providing funds to an individual involved in terror activities – Supreme Court precedent in K.A. Najeeb permits Constitutional Courts to harmonize statu...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conversion of Conviction under Section 302 IPC to Section 304 Part I IPC – Sentencing – Appellants convicted for the murder of the deceased by the Trial Court and High Court under Section 302 read with Section 34 IPC – Trial Court sentenced appellants to life imprisonment – On appeal, Supreme Court held ...
Section 138, NI Act – Quashing - Director’s Resignation – Issuance of Cheques Post-Resignation – Section 138 and 141 of the NI Act – Complaint Quashed – The appellant ceased to be a director of the company before the cheques were issued and dishonored – The fact of resignation was undisputed and acknowledged by the Registrar of Companies – Held: The ...
Maintenance for Wife – Allegations of Infidelity Without Proof – Section 125(4), Cr.P.C. – Maintenance Upheld – The husband alleged infidelity of the wife without providing any evidence – The Court held that a wife is justified in living separately when her chastity is questioned by her husband without proof – Such allegations amount to character assassination, ...
Anticipatory Bail – Public Servant Accused of Corruption – Petitioner, a Regional Transport Officer, was accused of illegal cancellation of registration certificates (R.C.) of vehicles and unauthorized concessions on taxes, causing a financial loss to the State – Held: The nature of evidence (mostly documentary) and the petitioner's position as a public servant do not necessi...
Criminal Writ - Arrest of Women – Section 46(4) of CrPC – Requirement of Prior Permission – Illegal Arrest Declared – Petitioner was arrested after sunset without prior judicial permission – Held: Arrest violated Section 46(4) of CrPC, which mandates written permission from a Magistrate to arrest a woman after sunset – Investigating agency failed to obtain prior...