Anticipatory Bail – Denial – Sexual Offences against Minor – Petition for anticipatory bail in a case involving a 16-year-old victim who alleged multiple instances of sexual assault, forced intoxication, blackmail, and threats by the petitioner and co-accused – Victim’s statement under Section 164 CrPC corroborated the allegations – Held, anticipatory bail denie...
Hindu Widow’s Remarriage Act, 1856 – Section 2 – Effect on Inheritance Rights – Widow remarries, loses rights in deceased husband's property – Plaintiff claimed possession through father's relationship with remarried widow – Court held remarriage divested widow of rights, plaintiff failed to prove independent title and possession – Real successors ...
Criminal Procedure – Second Bail Petition – No New Developments – Petitioner filed second bail petition under Section 439 CrPC after withdrawing the first petition – No new developments or changes in circumstances since the first petition – Second petition deemed a review of the earlier judgment, not permissible in criminal law – Bail denied [Paras 1-11].
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NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam &ndash...
Criminal Law – Anticipatory Bail – Serious Allegations – Petition for anticipatory bail under Section 438 of Cr.P.C. in a case involving serious allegations under multiple sections of IPC, SC/ST Act, and IT Act. Allegations included rape, wrongful confinement, criminal intimidation, and recording and storing objectionable material. Held - given the gravity of the charges and the ...
Criminal Procedure – Quashing of Proceedings – Compromise – Petition filed for quashing of DDR under Sections 323, 324, 148, 149 IPC in FIR under Sections 323, 324, 325, 148, 149 IPC, and the order declaring the petitioner a proclaimed offender. Statements of parties recorded before SDJM, confirming the compromise was voluntary. The petitioner appeared before the trial court and ...
Proclaimed Offender – Procedural Irregularities – Petitioner challenged the order declaring him as a proclaimed offender – Affixation of proclamation was carried out before it was entrusted to the serving officer – Issuance of proclamation did not meet the mandated 30-day period under Section 82 of Cr.P.C. – Held, procedural lapses in issuance and affixation of procla...
Judicial Discipline – Repeated Petitions – Abuse of Process – Petitioner repeatedly filed petitions under Section 340 Cr.P.C. seeking similar relief – Court dismissed previous petitions on the same grounds – Petitions considered as 'bench hunting' and abuse of process – Courts bound by doctrine of judicial discipline, findings of higher courts or coordin...
Proclaimed Offender – Procedural Compliance – Section 82 Cr.P.C. – Petitioner declared proclaimed offender for theft – Notice of proclamation issued but not published as per statutory requirement – Period between proclamation and hearing less than prescribed 30 days – Court found procedural lapses in compliance with Section 82 – Proclamation order quashed ...
Criminal Law - Default Bail - Limitation Period for Filing Charge-Sheet – Criminal Miscellaneous Petition against the rejection of default bail application – Judicial Magistrate dismissed the application under Section 167(2) Cr.P.C. for default bail and the Additional Sessions Judge dismissed the revision petition – Emphasis on the offence mentioned in the FIR and not the role of...