Criminal Law – Quashing of FIR – Petitioner sought quashing of FIR registered under sections 419, 420, 467, 468, 471, 120B IPC – Allegations of massive fraud and forgery in issuing challan receipts for vehicle release – Court found prima facie evidence against petitioner – Held, ongoing investigation justified, no grounds for quashing FIR [Paras 1-20].
De...
Criminal Law – Murder – Conviction based on circumstantial evidence – Appellant convicted for the murder of his wife, Usha, under Section 302 IPC – Wife found dead from manual strangulation at their residence in Delhi – Circumstantial evidence included a confessional note allegedly in the appellant’s handwriting, last seen theory, abscondence, and motive based o...
Juvenile Justice – Trial as Adult vs. Juvenile – Initial disagreement among Juvenile Justice Board members on whether the appellant should be tried as an adult – Majority opinion by Principal Magistrate held on 05.04.2022 to try as an adult based on preliminary assessment and social investigation report, despite dissent from one member – High Court set aside Board’s s...
Criminal Law – Murder – Appeal against conviction – Allegations of shooting by appellant and co-accused from a roof, resulting in death – Main issues include reliability of eyewitness testimonies and feasibility of their claimed observations from their respective positions – Eyewitness testimonies questioned due to physical impossibilities and inconsistencies in obser...
Privacy and Dignity of Individuals in Police Records – Challenge against police practices of recording details of family members of history sheeters in surveillance documents – Supreme Court finds undue inclusion of minor children in appellant’s History Sheet against principles of juvenile protection and privacy – Amended standing orders introduced to safeguard privacy and ...
Constitutional Law – Right to Life and Liberty – Live-in Relationship – Protection from Threats – Criminal Writ Petition under Article 226 of the Constitution of India – Petitioners, a couple in a live-in relationship, sought protection from threats by relatives. Citing previous judgments, the court emphasized the fundamental right to life and liberty under Article 21...
Criminal Law – Quashing of Complaint and Summoning Order – Petition under Section 482 CrPC – Allegations of substandard fertilizer against dealer and others – Samples taken from sealed and properly stored fertilizer bags – Held dealer not liable for substandard fertilizer as responsibility lies with manufacturer – Complaint and summoning order quashed. [Paras 1-...
Criminal Procedure - Pardon and Custody - Petitioner, involved in conspiracy and unlawful activities, granted pardon under Section 306 Cr.P.C. as an approver but remained in custody - Analysis of judicial discretion for release under inherent powers (Section 482 Cr.P.C.) despite statutory provisions mandating custody till trial completion - Held, the court, recognizing the medical hardships and pr...
Criminal Law – NDPS Act – Conviction for Possession of Poppy Husk – Appeal against conviction under Section 15 NDPS Act – Appellant argued improper handling of evidence and lack of primary evidence due to destruction of examined sample cloth parcels – High Court found non-compliance with statutory procedures for certifying and retaining evidence – Inventory and ...
Criminal Law - Bail Application – Denial by Trial Court under UAPA for alleged ISIS involvement – Charges under IPC and UAPA, including Sections 38 and 39 – High Court grants bail, citing insufficient evidence of intent to further terrorist activities, as required under specific UAPA sections – Prosecution fails to establish required intention beyond mere possession and acc...