Further Investigation – Power of Magistrate under Section 173(8) Cr.P.C. – Magistrate directed further investigation after a closure report was submitted – Held: The Magistrate's order lacked reasoning, relying solely on the complainant's submissions without application of mind – Decision: The order was set aside, and the trial court directed to rehear the petition ...
Criminal Law - Public Servants – Requirement of Sanction under Section 197 CrPC – Summoning Order Quashed – The appellant, a District Town Planner, was accused of illegal demolition of a college building – The Court considered whether the absence of sanction under Section 197 CrPC vitiated the proceedings – Held: The demolition was part of the appellant’s offici...
Criminal Law – Conviction for Attempt to Murder and Arms Possession – Appellants convicted under Sections 307/34 IPC and Section 25 of the Arms Act – Trial Court sentenced Raj Singh to seven years and others to three years rigorous imprisonment with fines – Appeals contesting convictions based on alleged procedural errors and contradictions in witness testimonies [Paras 1-1...
Motor Vehicle Accident – Nature of Passenger’s Role – Deceased Considered Authorized Representative – The deceased, employed to load and unload goods, was traveling in the offending vehicle when it met with an accident. The insurance company contended that the deceased was a gratuitous passenger as no goods were present at the time of the accident – Held: The deceased...
Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of eviden...
Criminal Law – Murder – Acquittal -Circumstantial Evidence – Requirement of Full Chain of Proof – Benefit of Doubt Given – The appellant challenged his conviction for two murders on the grounds that the prosecution failed to establish the motive and the last seen theory – Held: The prosecution could not prove the essential elements of circumstantial evidence as ...
Criminal Law – Murder – Conspiracy and Evidence Destruction – Section 120B and Section 302 IPC – The appellant, along with two co-accused, conspired to murder her 4-year-old daughter to eliminate her as an obstacle to her immoral lifestyle with her co-conspirators – The child's body was exhumed from a plot after the appellant misled the police with a missing compl...
Criminal Law – Discharge Petition – Dismissal of Discharge Petition Challenged – Accused sought discharge under Section 227 of Cr.P.C., arguing lack of prima facie evidence for charges under Section 509 IPC and Sections 11(1) and 12 of POCSO Act – Trial court dismissed discharge petition, finding sufficient grounds for proceeding with trial – High Court upheld trial c...
Criminal Law – Attempted Rape and Assault – Appellant convicted under Sections 376/511 and 354 IPC – Allegations of the appellant and others unlawfully entering the premises, assaulting the victim, and attempting to commit rape – Conviction based on the evidence of the victim and other witnesses, seizure of blood-stained items, and medical reports confirming injuries consis...
Quashing of Criminal Proceedings – Applicability of Section 197 CrPC – Protection to Public Servants Limited to Official Duties – Public officials allegedly colluding to create false evidence and fabricate an alibi for the accused in a murder trial – Held: The acts of collusion cannot be said to be part of the discharge of official duty; no sanction under Section 197 CrPC i...