Constitution of India – Article 226 – Right to Know About FIR – Liberty to Approach Police – Petitioner's claim of FIRs based on online content attributed to him – Petitioner sought details of FIRs purportedly registered following publication of videos critical of the Chief Justice of India – State unable to confirm petitioner’s involvement based on so...
Criminal Law – Cruelty by Husband – Section 498-A IPC – Acquittal Reversed – Mental and Economic Abuse Proven – Victim, an octogenarian wife, alleged sustained cruelty including isolation, denial of food and communication, desecration of religious symbols, coercion to bring money, and obstruction of property rights – Trial Court convicted husband but appellate c...
Criminal Law – Quashing of FIR – Civil Dispute Allegedly Converted into Criminal Case – FIR Discloses Prima Facie Cognizable Offences – Petition Dismissed – Petitioner approached for quashing of FIR under Sections 451, 504, and 34 IPC alleging false implication in a dispute over car repair charges – Held: FIR allegations show petitioner, along with co-accused, f...
Juvenile Justice – Bail to Child-in-Conflict-with-Law – Rejection of Bail Without Material Justification – Set Aside – Petitioner aged 17 years 4 months at time of alleged offence under Sections 103(1) and 61(2) BNS – Bail rejected by Juvenile Justice Board and Sessions Judge solely on basis of seriousness of allegations and apprehension of absconding – Held: Su...
Criminal Law – Quashing of Proceedings – Domestic Violence – Maintainability – Appellants approached High Court under Section 528 of BNSS (earlier Section 482 Cr.P.C.) seeking quashing of proceedings under Section 12(1) of the DV Act – High Court dismissed the petition as not maintainable – Supreme Court held that the law on maintainability is settled in Shaurab...
NDPS Act – Appeal Against Acquittal – Acquittal Upheld – Prosecution case based on recovery of 1 kg 50 grams charas from each accused – Trial court acquitted accused due to contradictions in evidence – High Court found inconsistencies in timing of arrest, packing and sealing procedure, and absence of independent witnesses – Held: Prosecution failed to establish ...
Bail – Enticement Allegation – Contradictory Statement of Victim – Applicant accused under Sections 137(2) and 87 BNS for allegedly enticing informant’s daughter – Victim in statement under Section 183 BNSS stated she left home voluntarily – Charge-sheet filed, no need for further custodial interrogation – Applicant in custody since 25.09.2025 – Bail...
Criminal Law – Prevention of Corruption – Abetment – Section 12 P.C. Act – Allegation that 4th accused paid bribes on multiple occasions to 1st accused supported by bank records, remittance slips, FSL report and witness testimony – Held: Prima facie case made out – Discharge rightly rejected by Special Court – High Court affirmed refusal to discharge [Para...
Criminal Law – Investigation under Section 156(3) CrPC – Magistrate’s Power – Validity of referral for police investigation – JMFC referred private complaint alleging forgery of E-Stamp and Rent Agreement for police investigation – High Court quashed the referral on the ground of non-application of mind and irregular order – Held: JMFC’s referral was...
Negotiable Instruments Act – Section 138 – Adjustment of Payment – Convict sought adjustment of ₹33,10,000 recovered by complainant in civil execution proceedings towards compensation of ₹1.5 crore imposed in criminal proceedings under Section 138 NI Act. Held: Section 357(5) CrPC permits adjustment of compensation paid or recovered in one proceeding against another relating ...