Criminal Procedure – Non-Bailable Warrants – Issuance of Non-Bailable Warrants (NBWs) – The issuance of NBWs against the petitioner was challenged. The court found that the NBWs were issued hastily and without following the proper legal procedure. It emphasized the need for proper judicial scrutiny and application of mind before issuing NBWs, as such warrants impact personal libe...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of his niece, sustaining multiple injuries – Trial court’s judgment affirmed by High Court – Conviction set aside due to unreliable witness testimony, failure to collect DNA evidence, and improper handling of hostile witnesses – Lack of corroborative evidence to support presence of appe...
Bail – Grounds for Granting – Petitioner, a 22-year-old female student, sought bail after being in judicial custody for over seven months – Alleged involvement in a conspiracy with parents to kidnap a minor child for ransom – Prosecution claimed petitioner was the mastermind, but evidence primarily implicated parents – Supreme Court precedents emphasize bail as rule, ...
Vehicle Confiscation – Pending Criminal Proceedings – Petitioner challenges confiscation of Mahindra Bolero under Section 47(A)(2) of the M.P. Excise Act by Collector during pendency of criminal case – Court discusses jurisdiction and timing of confiscation orders in relation to ongoing criminal trials – Conflicting judgments from coordinate benches on whether confiscation ...
Criminal Procedure – Recalling of Witness – Application under Section 311 of Cr.P.C. to recall a minor victim in a POCSO case – Special Court under POCSO Act rejected the application citing Section 33(5) of the POCSO Act – Petitioner’s counsel contends no absolute bar exists and cites various judgments to support the argument that recall of the victim can be permitted...
Criminal Law – Quashing of Proceedings – Public Servant – Sanction for Prosecution – Petitioner, a public servant, challenged the cognizance of offences under Sections 323 and 504 IPC taken without prior sanction under Section 197 Cr.P.C. The petitioner, while serving as SHO, Police Station Masooda, was accused of abusing and beating the complainant during lawful detention....
Criminal Law – Appeal Against Acquittal – Scope and Principles – The High Court emphasized that judgments of acquittal should not be interfered with lightly and appellate courts must be extremely careful in such cases. Only when perversity of fact and law is found should an acquittal be overturned [Paras 41-42].
Evidence – Inconsistent Testimonies – Mater...
Criminal Law – Quashing of FIR – Application under Section 482 Cr.P.C. to quash FIR alleging dowry harassment and related offenses – High Court emphasized that FIR can only be quashed in the rarest of rare cases – Court found specific allegations of dowry demands and harassment substantiated by the complaint – Held that the Court cannot examine the veracity of allegat...
Suspension of Sentence – POCSO Act – Appellant convicted under Section 6 and Section 10 of the POCSO Act, as well as under Section 323 IPC – Sentenced to 10 years rigorous imprisonment and additional terms – Application for suspension of sentence filed under Section 389 Cr.P.C. – Appellant has already served 7 years and 3 months in custody – No other criminal an...
Contempt of Court – Suo Motu Proceedings – Allegations Against Judicial Officer – Respondent’s petition under Section 482 Cr.P.C. contained remarks about Magistrate’s reluctance to pass orders and frequent adjournments – Examination of zimni orders revealed adjournments requested by respondent’s counsel – Court examines whether the remarks constitute...