Criminal Law – Quashing of FIR – Allegation of Civil Dispute – Pendency of Civil Suits – Held: Mere availability or pendency of civil remedy does not bar criminal investigation where allegations disclose prima facie cognizable offences [Paras 9–11].
Forgery and Impersonation – Large Scale Property Fraud – Detailed complaint alleging impersonat...
Criminal Law – Recall of Witness – Section 311 Cr.P.C. / Section 348 BNSS – Petitioners sought recall of PW-1 for further cross-examination – Trial court dismissed application holding no sufficient cause for earlier non-cross-examination – PW-1’s testimony earlier closed with remark “Nil. Opportunity given” when accused were unrepresented – Hel...
Criminal Law – Murder – Conviction Based on Eye-Witness Testimony – Ocular Evidence Accepted – Appellant convicted under Section 302 IPC for murdering the deceased with a billhook following a long-standing property dispute – Conviction based on the direct and credible testimony of PW2 (daughter of the deceased), who witnessed the attack and heard dying declaration &nd...
Criminal Law – Section 295A IPC – Sanction under Section 196 Cr.P.C. – Stage of applicability – Petition seeking quashing of FIR on the ground that prior sanction under Section 196 Cr.P.C. was not obtained – Held: Statutory bar under Section 196 Cr.P.C. operates only at the stage of taking cognizance by the Court and not at the stage of registration of FIR o...
Preventive Detention – Jammu & Kashmir Public Safety Act – Delay in Passing Detention Order – Snapping of Live and Proximate Link – Detention Order Vitiated – Detention order passed nearly one year after last alleged prejudicial activity – No satisfactory explanation for delay – Held: Preventive detention requires proximity between alleged activities a...
Criminal Law - Bail – Cancellation of Bail by Supreme Court – Fresh Bail Application – Maintainability – Petitioner sought regular bail under Section 439 CrPC after bail earlier granted by Supreme Court was cancelled for violation of bail conditions – Held: Where bail granted by the Apex Court is cancelled by the Apex Court itself for breach of conditions and without ...
Bail Cancellation – Long Pre-Trial Detention – FIR and Role of Accused – Bail Upheld – Accused not named in FIR – Implicated based on oral dying declaration and co-accused’s disclosure – High Court granted bail after six and a half years of incarceration – Co-accused already granted bail – Supreme Court held that there was no misuse of liberty ...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Concurrent Conviction – Revisional Interference Declined – Petitioner convicted by Trial Court and conviction affirmed by Appellate Court for dishonour of cheque of Rs. 6,00,000/- – Revision under Section 482 CrPC challenging legality and propriety of concurrent findings – Held: No perv...
POCSO Act, 2012 – Cross-Examination of Child Victim – Forfeiture of Right – Appellants repeatedly sought adjournments on personal grounds of counsel despite presence of child victim on several dates – Trial Court closed further cross-examination after sufficient opportunity – Held: No illegality or violation of fair trial; forfeiture justified to protect child from re...
NDPS Act – Regular Bail – Recovery of Heroin – Section 37 Rigours – Petition under Section 483 BNSS seeking regular bail in FIR for offences under Sections 21, 22, 27-A and 29 NDPS Act – Recovery of 258 grams of heroin attributed to petitioner, which is more than non-commercial quantity – Held: Rigours of Section 37 NDPS Act squarely attracted and bail can be gr...