Criminal Law - Code of Criminal Procedure 1973 - Section 482 - Quashing of criminal proceedings - Principles and Guidelines - Bhajan Lal precedent - Held - High Court failed to exercise inherent power to quash proceedings when allegations even if taken at face value do not constitute any offence - [Paras 10-20]
Indian Penal Code 1860 - Sections 405 and 406 - Criminal Breach of Trust - Entrustme...
Juvenile Justice – Child in Conflict with Law – Bail – Section 12(1) Proviso – CCL tried as adult – Standard of Consideration – CCL/applicant, being tried as an adult in FIR No. 11/2024 (PS Badarpur) under Section 302/34 IPC for alleged murder of Gaurav @ Paggal by inflicting multiple stab injuries along with two other CCLs and two adult accused – Decision...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r) and 3(1)(s) - Atrocities - Place within public view - Essential ingredients - Appellants were charged for hurling casteist slurs inside a residential house - Held, the requirement that the incident must occur in "a place within public view" is a sine qua non for constituting offences under Sectio...
Criminal Law - Negotiable Instruments Act 1881 - Section 138 - Quashing of Proceedings - Non-signatory Spouse - Liability under Section 138 is strictly in personam requiring a mandatory identity-link between the account holder, the drawer, and the signatory - Petitioner being a total stranger to the account and non-signatory to the instrument cannot be prosecuted - Held - To compel a non-signatory...
Criminal Law - Indian Penal Code, 1860, Section 302 - Murder - Oral Dying Declaration - Reliability - Deceased disclosed the name of the assailant (Appellant) to his brother (PW-1) at the scene and during transit to the hospital - Held, a truthful and voluntary dying declaration, if found reliable, can by itself form the sole basis of conviction without the necessity of corroboration. The omission...
Criminal Law – Section 332 IPC – Voluntarily Causing Hurt to Public Servant – Section 504 IPC – Intentional Insult – Appellant Devanand entered the cabin of the informant (Dr. Pankaj Jawale, Chief Officer, Municipal Council, Osmanabad, belonging to Mahar caste) on 15.05.2007 and questioned him regarding non-issuance of a death certificate, hurled abuses questioning hi...
Criminal Law – Murder – Section 302/149 IPC – Unlawful Assembly – Common Object – Six accused appellants armed with rifles, axes, spears and knives arrived at the residence of deceased Pushpraj alias Pushpendra on the night of 01.07.2007 at 10:00 PM, threatened him for pursuing a case against appellant Krishna Pal, dragged him out and mercilessly assaulted him with th...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Revision – Concurrent Findings – Scope of Revisional Jurisdiction – Revisionist-convict challenged concurrent conviction and sentence upheld by both trial court and appellate court — Trial court sentenced revisionist to imprisonment till rising of court with compensation of Rs.7,40,000/- incl...
Murder – Section 302/34 IPC – Common Intention – Abatement of Appeal – Surviving Appellant – Deceased Laxman was allegedly assaulted with laathis by four accused-appellants on 15.06.1982 near a well, following suspicion that Laxman had informed the police about illicit liquor manufacture at the house of Raghuver – Trial Court convicted all four accused-appellant...
Quashing of Criminal Proceedings – Compromise – Non-Compoundable Offences – Corporate Accused – Petitioner/A9, Mahindra World City Developers Limited, faced trial before the Judicial Magistrate No. II, Chengalpet in C.C. No. 251 of 2020 for offences under Sections 120(b), 465, 468 and 471 IPC, being the end-purchaser in an alleged chain of forged title documents in respect ...