Criminal Law – Revision against Framing of Charges – High Court's Revisionary Power under Section 397 Cr.P.C. – Further Investigation Ordered by High Court Challenged – The Supreme Court considered whether the High Court could set aside a Sessions Court order framing charges and order further investigation – High Court exceeded its jurisdiction by allowing the rev...
Criminal Law – Murder Conviction – Appellants convicted for the murder of Vijay Bahadur Singh alias Angnu – Trial court’s judgment based on testimonies of eye-witnesses who were relatives of the deceased – High Court examined contradictions and discrepancies in witness statements and procedural errors by the police – Witnesses’ reliability questioned due t...
Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court...
Evidence Law - Disclosure Statements – Criminal Appeal – If no recovery was made pursuant to the disclosure statement, it is hit by Section 25 of the Indian Evidence Act and cannot be relied upon – Held that no reliance can be placed on disclosure statements where no recovery was effectuated. [Para 38]
Criminal Procedure - Footprint Evidence – Investigation in ...
Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]
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Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Habeas Corpus – Custody of Minor – Welfare Paramount – Section 13 of Hindu Minority and Guardianship Act – Petition dismissed – No inherent right vested in husband or his relatives to claim custody of minor girl by filing writ of habeas corpus – Welfare of minor paramount, husband being natural guardian immaterial – Court directed minor to shelter home for...
Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C – Petitioner declared as a proclaimed person for not appearing in a case – Petitioner later surrendered before the trial court – Court held that once the accused surrenders and joins proceedings, they can no longer be described as an offender – Proceedings under Section 82 Cr.P.C. fulfilled their pu...
Regular Bail – Smuggling via Drones – Awareness of Misuse – Section 439 Cr.P.C. – Petitioner, an authorized dealer, allegedly supplied drones used for smuggling contraband and arms – Court held even if petitioner supplied drones, awareness of misuse debatable – Petitioner not involved in other cases and in custody for over 2 months – Co-accused granted bai...
Eligibility for Membership – Primary Society Chairmanship – Section 28 of the Haryana Co-operative Societies Act, 1984 – Petitioner ceased to be the Chairman of the Primary Society on 15.08.2019 – Consequently, he ceased to be a member of the Board of Directors of the Union – Order of removal from the post of Chairman upheld – Petition dismissed [Paras 1-20].
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