Criminal Law – Outraging Modesty – Appeal Against Acquittal – Evidence Inconclusive – Accused allegedly assaulted and outraged modesty of woman by hugging and attempting to drag her into bushes – Sole testimony of PW.1 (prosecutrix) not corroborated – Independent eyewitness PW.3 turned hostile – Delay of 36 hours in filing complaint not satisfactorily expl...
Criminal Law – Quashing of FIR - Second FIR – Distinct Allegations – Petitioners sought quashing of FIR No. 230/2024 claiming it was a second FIR barred by the judgment in T.T. Antony – Earlier FIR No. 38/2021 pertained to inducement to invest in a business scheme – Present FIR concerned subsequent acts of forgery and fabrication of documents including use of fake not...
Criminal Law – Murder – Dying Declaration – Evidence of Related Witnesses – Conviction Converted – Appellants convicted for murder of informant’s father based on oral dying declarations made to PWs-1, 2, 3 and 5 – Deceased allegedly named appellants as assailants before dying – Trial court convicted under Section 302/34 IPC – High Court found n...
Negotiable Instruments – Dishonour of Cheque – Complaint by Struck-off Company – Proceedings Quashed – Complaints under Section 138 of the NI Act filed in 2020 by Raghav Aditya Chits Pvt. Ltd. after the company had already been dissolved on 08.08.2018 under Section 248(5) of the Companies Act – Court held that once a company stands struck off and dissolved, it ceases ...
Habeas Corpus – Minor Girl – Detention in Protection Home – Validity – Detenue ‘A’ alleged to have been kidnapped by Petitioner No. 1 under Sections 363, 366, 376 IPC and POCSO Act – FIR stated her age as 14 years – School records (scholar register and transfer certificate) from Chandra Shekhar Azad Inter College recorded date of birth as 14.03.2010 ...
Bail – Second Application – Delay in Trial – Right to Speedy Trial under Article 21 – Prolonged Incarceration – Petitioner in custody since March 2024 facing trial for offences under Sections 3 & 9 of the Official Secrets Act – Trial stagnating at pre-charge evidence stage due to prosecution’s repeated adjournments and non-filing of FSL report – ...
Criminal Law – Advocate–Client Privilege – Summoning of Advocates – Suo Motu proceedings arising from summons issued to an Advocate under Section 179 BNSS, for appearing as counsel for the accused – Advocate was summoned to disclose facts and circumstances of the case – Held: Such summoning without clear invocation of exceptions under Section 132 of the Bhartiya...
Matrimonial Law - Maintenance – Sections 125 and 128 CrPC - Recovery of Arrears – Attachment of PPF Account – Magistrate ordered attachment of Rs.19.17 lakhs from account allegedly held by petitioner’s mother – Petitioners contended the account was immune from attachment under Sections 3 and 9 of the Public Provident Fund Act – Court rejected claim and held that...
Writ of Habeas Corpus - Preventive Detention – Non-consideration of Representation – Violation of Article 22(5) – Detention confirmed under Section 9(f) of the PIT NDPS Act – Petitioner contended that representation dated 08.02.2025 was not considered independently by State Government – Court found no mention of such consideration in confirmation order (Annexure-B) or...
Criminal Law – Cruelty – Section 498-A IPC – Conviction Set Aside – Allegations by wife of physical torture, dowry demand, and attempted strangulation by husband – Delay of one month in lodging complaint not explained contemporaneously – Complainant failed to mention serious allegations like throttling and paternity denial in FIR – Introduced new accusatio...