Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 - Inherent Powers of High Court - Maintainability vs. Alternative Remedy - Preliminary objection by State that petitioner has alternative remedy of seeking discharge before Trial Court. Held, existence of alternative remedy is not an absolute bar to the exercise of jurisdiction under Section 528 BNSS if continuation of proceedings amounts to an...
Criminal Law - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 384 - Interpretation of Phrase - Before rising of the Court on the same day - Petitioners contended that cognizance taken at 7:30 p.m. was beyond regular court hours and thus without jurisdiction - Held, a Court is not a time-clock institution; the expression "before rising of the Court" refers to the actual sitting and adj...
Criminal Law – Murder – Acquittal – Unreliable Eye-Witnesses – Projected Witnesses – Incident alleged to have occurred on 05.01.1979 at 06:30 a.m. in the first week of January when heavy fog reduces visibility — Prosecution examined PW-7 (informant/son of deceased), PW-8, PW-9 and PW-10 as eye-witnesses — PW-7 admittedly not present at spot and came to kno...
Immigration and Foreigners Act, 2025 – Section 21 – Quashing of Charge Sheet – Religious Persecution Exemption – Petitioner, a Hindu woman from Khulna, Bangladesh, entered India on 07.12.2024 through Ghojadanga Land Border with valid passport and VISA valid till 06.01.2025 – Married an Indian citizen in December 2024 – On 29.12.2025, implicated in Bongaon P.S. C...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Sentence – Revisional Jurisdiction of High Court – Perverse Reduction of Fine – Respondent-accused issued two cheques for Rs.2,00,000/- and Rs.50,00,000/- respectively, both of which were dishonoured – Trial Court, upon recording conviction, sentenced the respondent to two years' imprison...
Fake Encounter – Acquittal – Appeal Against Acquittal – Prosecution Failure – Appellants, brothers of Sohrabuddin Shaikh, challenged the acquittal of respondent nos. 2 to 23 accused of murdering Sohrabuddin Shaikh, his wife Kausar Bi, and Tulsiram Prajapati in staged police encounters – Trial Court, after examining 210 witnesses (92 turning hostile), held that the pro...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail – Commercial Quantity – Prolonged Incarceration – Successive Bail Petition – Petitioner apprehended on 22.04.2024 with 540 grams of heroin recovered from personal search – Co-accused found with 480 grams – Challan filed – No prosecution witness examined out of 17 total &nd...
Criminal Law – Interim Custody of Seized Vehicle – Section 503 BNSS – Registered Owner Not an Accused – Petitioner-registered owner of Fortuner Car (MP16-C-6019) gave the vehicle to friend Shivam Rai on 05.08.2025 for travel to Bhopal – Without the petitioner's knowledge, Shivam Rai handed the car to accused Nitin Dubey who allegedly used it to commit murder of hi...
Criminal Law – Bail – Parity – Armed Robbery – Accused No. 2 charged in connection with robbery at a co-operative society – Role attributed to petitioner as per Column No. 17 of charge sheet limited to standing guard in front of the society to prevent public from entering, purchasing a gunny bag, and collecting ornaments after the robbery – Actual robbery and th...
Criminal Law – Rape – Minor Victim – Consent Immaterial – Section 376(2)(n) IPC – Conviction Confirmed – Accused convicted by the trial court for kidnapping and rape of PW1, a minor girl aged 15 years and 6 months at the time of incident – Accused claimed consensual relationship – PW1's testimony established that sexual intercourse took place on ...