Criminal Law – Quashing of Complaint – Civil Dispute Labeled as Criminal – Abuse of Process of Law – Complaint under Sections 417 and 418 IPC alleged the manufacture of sub-standard medicines by petitioners, causing loss to respondent company – Held: Dispute emanated from a trademark license agreement and was purely civil in nature – No fraudulent or dishonest i...
Criminal Law - Robbery – Identification Without TIP – Conviction Upheld – Appellants challenged the conviction, arguing no Test Identification Parade (TIP) was conducted and that the complainant identified them in court for the first time – Court noted the complainant’s testimony was consistent and trustworthy, and TIP is not mandatory where the court finds the witnes...
Rowdy History Sheet – Personal Liberty – Deletion Ordered – The petitioner sought removal of his name from the rowdy history sheet, arguing harassment and absence of convictions in 20 out of 21 cases – Held: Retaining the petitioner’s name without any conviction amounts to infringement of liberty; inclusion prejudices reputation and liberty, contrary to Article 21 of ...
Criminal Law – Impleading Additional Accused – Power under Section 319 CrPC – High Threshold of Evidence Required – Petition filed to challenge rejection of application under Section 319 CrPC to add Smt. Shanthi Roache (wife of existing accused) as an additional accused, on grounds she had knowledge of the spurious liquor activities conducted by her husband – Trial co...
Criminal Law - Section 353 IPC – Requirements for Offence – Absence of Ingredients – Discharge Allowed - The provisions of Section 353 IPC were examined to determine whether the accused used criminal force or assaulted public servants to obstruct their duty – Held: None of the prosecution's five witnesses stated any assault or obstruction, nor was any prima facie eviden...
Passport Application – Rejection on Grounds of Family’s Criminal Antecedents – Fundamental Rights Violated - The Court examined the rejection of passport applications on the ground of criminal records of the petitioner’s husband and father-in-law – Held: Criminal antecedents of family members cannot influence assessment of the petitioner’s character or eligibili...
Criminal Law - Acquittal in Essential Commodities Act Violation – Prosecution’s Burden of Proof – The State challenged the trial court’s acquittal of the accused, arguing that the unlicensed possession of rapeseed oil contravened essential commodity regulations. The court noted that the prosecution failed to substantiate ownership and possession of the storage site, undermi...
Criminal Law - Murder – Evidence Contradictions – Acquittals Ordered for Certain Accused – Appellants A4 to A7 argued their presence at the scene of the crime was not proven – Court found discrepancies in witness accounts (PWs.1-4) about their involvement – Held: Benefit of doubt extended; A5, A6, and A7 acquitted on parity with A4, already acquitted by the trial cour...
Criminal Law – NDPS Act – Conviction and Appeal – Non-Compliance Allegations Rejected - Appellant convicted under Section 20(b)(ii)(B) of the NDPS Act by the Special Judge, Bijni, for possessing cannabis weighing approximately 40.4 kg – Sentenced to 3 years and 6 months of rigorous imprisonment and a fine of Rs. 20,000, with a default sentence of 60 days’ rigorous imp...
Criminal Law – Murder – Circumstantial Evidence – Homicidal Death – The appellant was convicted under Section 302 of the IPC for the murder of his wife. The case was based on circumstantial evidence, including a history of marital discord and the appellant's failure to provide a reasonable explanation for his wife's death, which occurred within their home. The post-...