Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Prima Facie Case for Investigation - High Court quashed criminal proceedings initiated under Sections 406 and 420 IPC on the grounds that the FIR did not disclose entrustment or dishonest intention from the outset – The appellant contended that the accused failed to pay rent despite false assurances and retained po...

Dowry Death – Section 304-B IPC – The petitioner alleged that his sister, Gulshan, was harassed and killed by her in-laws, including her husband, over unmet dowry demands and her inability to conceive – The trial court acquitted all nine accused, leading to this revision petition – Held: The court found that the demand for dowry was sufficiently proven against Gulshan&rsquo...

Criminal Law – Murder Conviction – Appeal against death sentence – Appellant accused of killing his wife, daughter, and mother, and attacking a neighbor – Trial court sentenced the appellant to death based on circumstantial evidence, including recovery of the murder weapon (hammer) and blood-stained clothes – High Court confirmed the conviction and sentence – Su...

Recall of Witness – Section 311 Cr.P.C. – Marking of Material Object – The petitioners challenged the recall of P.W.3 under Section 311 Cr.P.C. for further examination to mark material evidence (Bajaj Motor Cycle No. AP 16 BU 1222) – The petitioners argued that the recall was improper as the required photographs and panchanama were not prepared according to the procedure un...

Criminal Law – Murder or Culpable Homicide – Section 300 IPC – Conviction Modified – The appellant was convicted under Section 302 IPC for pouring acid on the deceased during a quarrel, leading to her death over a month later due to infection – The court observed that the incident occurred without premeditation, in the heat of passion, during a sudden quarrel – ...

Criminal Law – Contradictory Testimonies – Section 332 IPC – Acquittal – The prosecution’s case relied on testimonies of four municipal employees involved in a raid, but there were significant contradictions in their evidence regarding the incident and the role of the applicant – Witnesses’ depositions were inconsistent on the nature of injury, the person ...

Quashing of FIR – Delay in Lodging Complaint – Section 354, IPC – The petitioner sought to quash the FIR, citing a 127-day delay in lodging the complaint and the absence of evidence to support charges of sexual harassment and criminal intimidation – The complaint alleged that the petitioner, a teacher and Director of the Youth Welfare Board at CUSAT, had touched the complai...

Criminal Procedure – Quashing of FIR and Proceedings – Proceedings under Section 174-A IPC based on FIR quashed as being unsustainable under law – Held that Section 174-A IPC, though a cognizable offense, falls within the purview of Section 195(1)(a)(i) Cr.P.C. – FIR and police report for Section 174-A IPC cannot form the basis for cognizance unless accompanied by a complai...

Criminal Procedure – Framing of Charges – Revision Petition – Petitioners challenged the order of the 5th Special Court at Calcutta framing charges under multiple sections of the Companies Act and SEBI Act, arguing that the charges were beyond the scope of the initial complaint and framed without proper judicial consideration – High Court observed that the trial court inclu...

Criminal Law – Appeal Against Acquittal in Dowry Death Case Dismissed – The Patna High Court dismissed a criminal appeal challenging the acquittal of the respondents for charges under Sections 498A, 304B, and 34 IPC – Appellant alleged dowry harassment and murder of the deceased by her in-laws – Trial court acquitted Respondent Nos. 2 to 5 due to lack of direct evidence pro...