Criminal Law - Maintainability of FIR under PNDT Act – Petition under Section 482 CrPC challenging FIR – FIR registered for offences under PNDT Act, 1994 – Held, FIR is maintainable for offences under the Act – For taking cognizance, report under Section 173 CrPC must be accompanied by a complaint from the appropriate authority as per Section 28 of the Act – Petition ...
Criminal Law - Sentencing - Probation – Conviction under Section 138 of the Negotiable Instruments Act – Respondent-accused released on probation for one year – Petitioner challenged the release on probation and sought compensation – Held, law extends indulgence to first-time offenders for non-heinous crimes – Reformative theory of sentencing emphasized – Courts...
Criminal Law - Quashing of FIR – Section 482 CrPC – FIR registered under Sections 384, 511, and 506 IPC for alleged extortion and threat – Petitioner accused of attempting to extort money by threatening to implicate the complainant in a false rape case – Held, non-disclosure of previous application under Section 156(3) CrPC by complainant – Legal issues can be raised ...
Criminal Procedure - Concurrent vs. Consecutive Sentences – Petition under Section 482 CrPC challenging the trial court’s order directing sentences to run concurrently – Petitioner convicted under Section 302 IPC and Section 25 Arms Act – Life imprisonment under Section 302 IPC and two separate 5-year sentences under Section 25 Arms Act – Section 31 CrPC allows Court ...
Criminal Law - Vicarious Liability – Marketing Firm's Responsibility under Insecticides Act – Petition under Section 482 CrPC seeking quashing of criminal complaint – Petitioners are marketing agents, not manufacturers – Sample from sealed packet with no allegation of tampering or improper storage – Marketing firm cannot be held vicariously liable for misbranding ...
Criminal Law - Appeal Against Acquittal – Sections 392, 379-B IPC – Appeal by State challenging acquittal – Complainant's motorcycle and cash robbed at gunpoint – Complainant failed to identify accused, declared hostile – Prosecution failed to prove guilt beyond reasonable doubt – Trial Court’s judgment of acquittal affirmed – No substantial and ...
Criminal Law - Quashing of Complaint – Section 482 CrPC – Complaint under Section 420 IPC read with Section 175-U of Haryana Panchayati Raj Act, 2015 – Petitioner, a Sarpanch, possessed two ration cards and did not disclose dues payable to Electricity Department – Such dues are a disqualification for a candidate – Magistrate summoned the Petitioner under Section 175-U...
Criminal Law – Anticipatory Bail – Imposition of Onerous Conditions – The High Court granted provisional pre-arrest bail with a condition that the appellant must file an affidavit undertaking to fulfill all physical and financial requirements of the complainant-wife to enable her to lead a dignified life without interference from his family members – Supreme Court held that...
Juvenile Justice – Bail – Gravity of Offence – Petitioner, a juvenile, was denied bail by the Magistrate and Additional District Judge despite one year in custody – Revision petition argued that under Section 12 of the Juvenile Justice Act, bail is the rule for juveniles except in specific contingencies – Court held that the gravity of the offence should not be consid...
NDPS Act – Compliance of Mandatory Provisions – Investigation lapses leading to bail and acquittals – Issuance of guidelines for investigating officers – Court found that non-compliance with provisions of Sections 42 and 50 of the NDPS Act often results in faulty investigations, allowing accused to secure bail and eventual acquittal – Guidelines issued for adherence t...