Defamation – Section 482 Cr.P.C. – Quashing of Criminal Proceedings – The appellant sought quashing of the criminal proceedings under Section 482 Cr.P.C. for defamation after making statements against respondent No. 2, calling him a "sexual predator" – Supreme Court held: The appellant, realizing his mistake, tendered an unconditional apology and agreed to publish...
Criminal Law – Remand of Trial – Appeal against acquittal – Appellant challenged the order of the Allahabad High Court, which had remanded the case back to the Trial Court for retrial from the stage of testimony of PW 2 – The High Court found the trial process unfair due to the admission of prosecution documents without formal proof – Directed the retrial, allowing th...
Criminal Law – Bail – Custody of Elected Representative – Regular Bail Granted – The petitioner, a sitting MLA, was in custody for over one and a half years for using mobile phones to allegedly threaten witnesses and extort money while in jail – His bail was initially denied by the Special Judge and the High Court, citing his criminal history and the potential misuse ...
Criminal Law – Rash and Negligent Driving – Conviction Quashed – The applicant, a bus driver, was convicted under Sections 279 and 304-A of the IPC for causing the death of a pedestrian in a road accident – He was sentenced to three months of simple imprisonment and fined Rs.1,000 – Held: The conviction was not sustainable as there was no evidence of rash or negligent...
Prisoner Rights – Unconvicted and Civil Prisoners – Writ of Mandamus sought to ensure facilities for unconvicted criminal prisoners and civil prisoners regarding interviews and communication with legal advisers – Petitioner, a practising advocate, sought enforcement of facilities as per Rule 541 of Tamil Nadu Prison Rules, 1983 – Court acknowledged the need for reasonable f...
Abetment of Suicide – Non-payment of Dues – Petitioners alleged to have abetted the suicide of the deceased by not paying outstanding amounts owed to him – The deceased committed suicide and named the petitioners in his suicide note – Held: Mere refusal to repay debts or non-payment of dues, without any overt act of instigation or intentional aiding, does not constitute abe...
Criminal Law – Quashing of FIR – Section 482 of CrPC – The petitioner sought quashing of proceedings under Sections 324, 294(b), and 506(i) of IPC, citing parity with a previous order in a similar case where charges were reduced to Section 323 IPC – The petitioner argued that since both cases arose out of the same incident, the same relief should be granted – Held: Th...
Criminal Law – FIR Quashing – HDFC Bank officials accused of violating a restraining order under Section 132(3) of the Income Tax Act, 1961 – FIR registered for offenses under Sections 34, 37, 120B, 201, 206, 217, 406, 409, 420, and 462 IPC – High Court dismissed the writ petition to quash the FIR – On appeal, Supreme Court held that the allegations did not prima faci...
Criminal Procedure – Maintenance – Ex Parte Order – Non-Compliance with Section 126(2) Cr.P.C. – The petitioner-husband sought to set aside the ex parte order of maintenance passed against him, arguing that the Family Court did not provide him with an opportunity to be heard and no proper notice of hearing was served – Held: The Family Court failed to establish that t...
Criminal Law – Identification of Accused in Poor Lighting – Doubts on Accuracy – The incident took place during the dark night of 24/25 May 2004, and the prosecution relied on eyewitnesses who claimed to have identified the accused in the light of torches and a lantern – The Court found that the lantern was not recovered, and torches were not produced before the trial court...