Recall of Witnesses – Section 311 Cr.P.C. – Petitioners sought to recall PW.1, PW.6, and PW.7 for cross-examination, arguing the need to cross-examine them together for a fair trial – The trial court dismissed the petition, citing unnecessary delay and harassment of witnesses – High Court upheld trial court’s decision, noting that the case had already been significant...
Criminal Law – Externment Order – Petitioner challenged the externment order issued by the District Magistrate under Section 3(3) of the Jharkhand Control of Crimes Act, 2002 – Contended that involvement in two criminal cases does not justify being labeled as a habitual offender – High Court held that mere involvement in two cases does not constitute habitual offending unde...
Criminal Law – Bail Application – Judicial Custody – Applicant accused of forgery and conspiracy – Bail granted under Section 439 of Cr.P.C. considering absence of prior convictions and judicial custody since 29.09.2023 – Co-accused granted bail earlier – Conditions imposed for regular attendance in court and non-interference with witnesses [Paras 1-7].
Forge...
Criminal Law – Bail Cancellation upon Addition of Non-Bailable Offenses – Section 439(2) of Cr.P.C. Application – High Court's Dismissal of Petition Challenging Bail Cancellation Order – The Rajasthan High Court upheld the cancellation of bail originally granted to the accused under Section 436 of Cr.P.C., after non-bailable offenses were added in the final charge-sheet...
Anticipatory Bail – Grounds for Cancellation – Requirement of Misuse or Change in Circumstances – Dismissal of Petition - The petitioner sought cancellation of anticipatory bail granted to the respondent accused, alleging the trial court overlooked the gravity of fraud allegations involving a defrauded amount of Rs. 20 lakhs – Held: The High Court emphasized that cancellati...
Maintenance – Entitlement of Wife – Section 125 of Cr.P.C. – The petitioner sought reduction of the maintenance amount awarded to the respondent (wife) on the grounds that she is well qualified (M.Com. degree) and capable of earning – Held: Merely being qualified does not disentitle the wife from claiming maintenance – Financial support is required even if the wife is...
Criminal Law – POCSO Act – Discharge – Absence of Sexual Intent – Revision Petition Allowed – The petitioner, a college student, was charged under the POCSO Act for allegedly entering the victim's house and attempting to force her to revive a past relationship – The Trial Court rejected his discharge plea – Held: Upon examination of the evidence, inclu...
Criminal Law – Discharge of Appellants – Abuse of Process of Law – Jurisdictional Court’s Decision – The jurisdictional Court exercised discretion under Section 245(2) Cr.P.C. to discharge the appellants, finding no grounds to proceed, given the concluded disciplinary proceedings against the respondent, which were carried out by appellants as officers of the Airports ...
Bail Application – Section 439 Cr.P.C. – Petitioner accused of sexual assault on a minor – Bail application filed after one month of judicial custody – Defence claims false implication and completed investigation – Prosecution contends risk of intimidation and tampering with evidence – Supreme Court precedents emphasize bail as the rule and jail as the exception...
Criminal Procedure – Quashing of FIR – Petitioner, a neighbor in a land dispute, alleged to have been maliciously implicated in the criminal case – Contention that dispute is civil in nature, lacking ingredients of offences under SC/ST (PoA) Act – Reliance on Supreme Court judgments emphasizing scrutiny of allegations for malicious prosecution [Paras 1-4].
SC/S...