Personal appearance – Exemption from – Parameters for granting exemption from personal appearance – Accused entitled to exemption when facing hardship or inconvenience due to trial delays – Factors to consider: being a woman, elderly, disabled, facing economic or physical hardship, or required to travel long distances – Each case to be assessed on its own facts and ci...
Quashing of FIR - Allegations under Section 306 IPC and Sections 6, 18, 8, 21 of the Protection of the Children from Sexual Offences Act, 2022 (POCSO Act) - Incident of suicide by a student due to alleged harassment, bullying, and torture by classmates at the school - Jurisdiction of the High Court to examine the petitioner's plea for quashing the FIR and consequential proceedings
POCSO Act...
Cheque Bounce Case – Examination of Handwriting Expert – Disputed Signatures – Permission to examine handwriting expert denied – Complaint filed under Section 138 of the Negotiable Instruments Act, 1881 – Accused denied signatures on the cheque from the beginning – Petitioner sought permission for comparison of accused’s signatures on the cheque with speci...
Bail Application – Narcotic Drugs and Psychotropic Substances Act, 1985 – Regular Bail Denied – Petitioner Somdutt Singh seeking regular bail for offenses under NDPS Act, involved in commercial quantity psychotropic substance trafficking – Bail denied due to substantial evidence against the petitioner including recoveries at his instance and WhatsApp chats linking...
Context of Bail Applications – Bail sought in Case No. VIII/13,13A/DZU/2020 under NDPS Act for possession of psychotropic substances – Applications of Kashmir @ Mausam and Somdutt Singh @ Shivam heard together due to common FIR. [Para 1]
Case History and Arrest Details – Kashmir @ Mausam in custody since October 30, 2020, and Somdutt Singh @ Shivam since April 15, 20...
Criminal Revision – Quashing of Proceedings – Narcotics Case – Petitioner seeks quashing of proceedings and orders – Allegations of involvement in storing and transporting contraband – Statements of co-accused implicating the petitioner – Initial discharge application rejected – Further investigation ordered – Prima facie case established against the...
Offenses relating to the security of women and POCSO Act - Duty of criminal courts to ensure witness protection - Rebuttal of presumption under Section 29 of the POCSO Act through cross-examination - Right to cross-examine as an indelible right and essential for a fair trial. (Para 11)
Delay in filing application under Section 311 Cr.P.C. - Seriousness of offenses and harsh punishment...
Revision Petition – Sections 397/401 and 482 of CrPC – Challenge to appellate and trial court decisions – Petitioner seeks to set aside order dated 27.03.2017 and judgment dated 17.03.2016 along with order on sentence dated 15.07.2016 pertaining to FIR no.151/2009 under sections 279/337, later added 304A of IPC, at PS Mandawli Fazad Pur, following a fatal accident. [Para 1-2.2]
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Negotiable Instruments Act – Quashing of Complaint – Accused petitioner seeks quashing of Complaint Case No. 4061/2020 under Section 138 of the Negotiable Instruments Act, 1881 – Alleged dishonored cheque issued by petitioner’s brother – Petitioner’s contention that she is not the drawer of the cheque – Legal notice served, but payment not made – Whe...
Bail Application - Criminal Antecedents - Cyber Crime - Granting of Bail - Parameters for Consideration - Pre-Trial Incarceration - Imposition of Stringent Conditions - Role of Courts in Bail Petitions - Ensuring Fair Trial and Liberty of Accused - Technology and Identification Techniques - Impersonation - Alternative Bail Conditions - Restriction on Prepaid SIM Cards - Compliance and Enforcement ...