Criminal Procedure - Regular Bail - Accused (petitioner) seeking regular bail in a case involving charges under Sections 384, 387, 504, 506, 507, 201, 109, 120B, 364A, 397 of IPC and Sections 3(1)(ii), 3(2), 3(4), and 3(5) of KCOCA - Petitioner has been in custody for over 4 1/2 years - Material witnesses have not linked the petitioner to the alleged offenses - Allegations against the petitioner l...
Criminal Appeal – Bail – Accused No.3 seeks bail in a case involving serious charges under Sections 376(2)(n), 376(DA), 376(3), 201, 202, 506 r/w 34 and 37 of IPC, Sections 17, 5(L), 6 of POCSO Act, 1989, Section 3(f) and Section 7 of Religious Institution Prevention of Misuse Act, 1988, and Section 75 of the Juvenile Justice (care and protection of Children) Act 2015 – Accused c...
Amendment of Complaint – Prohibition in Criminal Procedure – Held, amendments in criminal complaints, particularly regarding substantial aspects like cheque dates, are not permissible under the Criminal Procedure Code. Cites absence of provisions allowing such amendments. [Para 8-14]
Typographical Error in Complaint – Not a Simple Infirmity – Examines the distinction bet...
Quashing of FIR – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...
Petition under Section 378(3) of the Cr.P.C. by Tata Power Delhi Distribution Limited against the acquittal of the respondent in case involving alleged electricity theft under Sections 135, 138, and 150 of the Electricity Act – High Court upholds acquittal, finding that the trial court correctly identified flaws in the forensic report and expert testimony – High Court concludes that pe...
Delay in Filing Revision – Criminal Revision filed 275 days late due to reasons stated in an affidavit and condoned based on mutual consent of parties – Crl. Misc. Delay Condonation Application No. 01 of 2024 allowed. [Para 3]
Bigamy Allegations – Revisionist, accused of solemnizing a second marriage without divorce from the first spouse, presents evidence of long se...
Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...
Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...
Criminal Law – Conviction under NDPS Act – Appeal against trial court's judgment convicting appellant for possession of 7 kg of 'charas' later identified as 'opium' – Alleged procedural lapses in compliance with mandatory provisions of Sections 50 and 52A NDPS Act – Safe custody of seized contraband not established – Discrepancies in forensic exami...
Criminal Law – Quashing of Summoning Order and Charge Sheet – Application under Section 482 Cr.P.C. – Summoning order and charge sheet challenged on grounds of hasty and tainted investigation – Alleged offense of passing obscene comments against women – Absence of independent witnesses or examination of affected females – Violation of mandatory provisions under ...