Criminal Law – Assault – Acquittal Reversed – Respondents alleged to have assaulted complainant and his wife with broken glass bottle – Trial Court acquitted accused under Section 324/34 IPC holding prosecution evidence unreliable – High Court finds complainant’s testimony consistent and corroborated by medical evidence and arrest memos – Held: Testimony o...
Criminal Law – Threatening Witness to Give False Evidence – Section 195A IPC – Legislative Intent – Section 195A IPC (introduced by Act 2 of 2006) created a distinct offence of threatening or intimidating a witness to induce false evidence – Classified as a cognizable offence in the First Schedule of CrPC – Unlike Sections 193–196 IPC which are non-cogniza...
Criminal Law – Prevention of Corruption – Demand and Acceptance – Appellant, a Labour Officer, allegedly demanded ₹9,000 bribe and accepted ₹3,000 for license renewal – Trap set by ACB, tainted currency recovered from drawer of appellant's desk – Trial Court acquitted appellant citing inconsistencies in complainant’s account, procedural lapses, negative ...
Criminal Law – Land Dispute – Quashing of FIR – Petitioners accused of creating false documents and threatening complainant regarding land in Survey No. 956 – Petitioners relied on registered sale deeds from 2015 and asserted possession – Civil suits concerning title and possession already pending between parties – Held: Continuation of criminal proceedings in a...
Criminal Law – Double Homicide – Unlawful Assembly – Common Object – Boundary dispute between related villagers escalated into a violent clash – Appellants armed with sharp-edged spades (phawaras) attacked complainant side causing instantaneous death of two persons and grievous injuries to others – Evidence revealed appellants came armed and initiated attack &nd...
Negotiable Instruments Act – Security Cheques – Legally Enforceable Debt – Petitioner challenged summoning orders on ground that cheques were issued only for security and not towards any enforceable liability – MoU dated 06.05.2014 explicitly stated cheques were issued for showing to bank and not for deposit – Court held that mere presentation of security cheques with...
Criminal Law – Prevention of Corruption – Discharge – Petitioner, a Building Inspector, sought discharge from corruption charges arising from illegal construction of hotel in restricted heritage zone – Prosecution alleged conspiracy with building owner (A-6) and failure to act despite prior complaints – Court held that prima facie evidence including complaints dated 1...
Criminal Law – Rape – Quashment – FIR under Section 64 of BNS registered against petitioner based on allegation of rape after withdrawal of consent during intercourse – Parties met on dating app and were in regular contact over a year – Chats and prior interactions not considered in chargesheet – Held: The relationship was consensual and complaint appears to be ...
Criminal Law – Summoning of Additional Accused – Section 319 CrPC – Power to Summon Not Automatic – Petitioner injured in assault named five accused including private respondents in FIR – Police found private respondents innocent and placed them in Column No. 2 – During trial, complainant reiterated same allegations in testimony – No fresh or additional ma...
NDPS Act – Confiscation of Vehicle – Interim Release – Jurisdiction of Special Court – Rules of 2022 do not divest the Special Court of power to order interim custody of a seized conveyance – Subordinate legislation cannot override parent statute – Power under Sections 451 & 457 CrPC [497 & 503 BNSS] remains intact – High Court’s contrary vie...