Delhi High Court Frames Criminal Contempt Charges Against Advocate For Scandalizing Judge On LinkedIn After Cyber Cell Traces IP Logs Testimony Of Partially Hostile Witnesses Can Be Relied Upon If Corroborated: Delhi High Court Upholds Police Officer's Conviction Subordinate Engineers Entitled To Non-Functional Upgradation Even If Level 8 Reached Via MACP: Supreme Court FEMA Adjudicating Authority Cannot Overrule Competent Authority's Refusal To Confirm Asset Seizure: Supreme Court Candidate Cannot Claim Lower Preference Post After Securing First Choice Under Merit-Cum-Preference System: Madhya Pradesh High Court Official Cannot Escape Corruption Trial Merely Because 90% Payment Was Made Prior To His Joining: Calcutta High Court Employee Who Evades Cross-Examining Witnesses Cannot Later Claim 'No Evidence' In Departmental Enquiry: Andhra Pradesh High Court Fictitious Or Non-Genuine Revenue Entries Cannot Confer Adhivasi Rights Under UP Zamindari Abolition Act: Allahabad High Court Calcutta High Court Quashes Termination Of Compassionate Appointee Over Age Dispute, Says Such Claims Cannot Be Kept Pending Indefinitely Alleged Custodial Torture Does Not Automatically Attract Contempt Under 'D.K. Basu' Unless Specific Arrest Guidelines Are Violated: Gujarat High Court Authority Cannot Act As 'Judge In Own Cause'; Himachal Pradesh High Court Quashes Distillery License Cancellation Over Procedural Impropriety Financial Corporations Have Absolute Power To Fix Employee Pay, Prior State Govt Approval Not Required: Jharkhand High Court Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Catastrophic To Allow Law To Take Its Own Course: MP High Court Quashes POCSO, BNS FIR After Victim And Accused Marry

"CRIMINAL LAW" Digest

Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...

Criminal Procedure – Regular Bail – Lengthy Custody – Second petition for regular bail under Section 439 Cr.P.C. The petitioner was found in possession of 265 grams of Tramadol (commercial quantity) and a firearm with live cartridges. He has been in custody for 40 months, and the trial is at a nascent stage. Held, despite the petitioner’s involvement in multiple criminal ca...

Criminal Law – Quashing of Proceedings Under the Drugs and Cosmetics Act – Madras High Court quashes the criminal complaint against Sumathi, accused of selling drugs without a pharmacist's supervision – Allegations stem from an inspection on 30/09/2021 at M/s Pradhan Mandri Bharthiya Janaushadhi Kendra by the Drug Inspector, which resulted in a complaint against both the prop...

Negotiable Instruments - Interim Compensation - Criminal Revision against Trial Court order directing interim compensation under Section 143-A of the Negotiable Instruments Act - Provisions of Section 143-A held directory, not mandatory - Magistrate's discretion should not be exercised capriciously or arbitrarily - Order set aside due to lack of well-founded parameters and reasoning. [Paras 1-...

Criminal Law - Summoning of Additional Accused –Criminal Revision against the order of the Additional Sessions Judge allowing the summoning of additional accused under Section 319 Cr.P.C. – FIR registered following a scuffle between Brahmin and Dalit youngsters – The final report found some accused innocent, but this was not conclusive – The court emphasized that the right ...

Criminal Law - Surety’s Liability - Appeal - Appeal against orders imposing a fine of Rs.1 lac on surety due to the non-appearance of the accused - Held, Fine must be proportionate to the circumstances, inconvenience to the court, and expense in re-apprehending the accused - Appellant, who facilitated the re-arrest of the accused, deserves reduction in penalty - Appeal Partly Allowed, fine r...

Criminal Law – Appeal against Acquittal – Section 378(4) Cr.P.C. – Injuries – Absence of X-ray Film – Medico-Legal Examination – Application for leave to appeal against acquittal – No x-ray film produced nor radiologist examined – Doctor’s opinion based on report without seeing x-ray film – Held, grievous injury not proved – Second ...

Criminal Procedure – Interlocutory Order – Travel Abroad – Sections 482, 397(2) Cr.P.C. – Petition for setting aside order declining permission to travel abroad – Order qualifies as interlocutory, barring revision under Section 397(2) – Petition under Section 482 maintainable – Petitioner a permanent resident of Australia, previously granted permission to ...

Criminal Procedure – Repeated Applications under Section 311 – Invocation on Multiple Occasions – Section 311, Cr.P.C. – Petition for quashing Trial Court order dismissing application for re-examination – Held, no bar to invoke Section 311 repeatedly if situation arises – Different reliefs claimed in separate applications permissible – Denial of re-examina...

Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...