Quashing of FIR – Delay in Lodging Complaint – Section 354, IPC – The petitioner sought to quash the FIR, citing a 127-day delay in lodging the complaint and the absence of evidence to support charges of sexual harassment and criminal intimidation – The complaint alleged that the petitioner, a teacher and Director of the Youth Welfare Board at CUSAT, had touched the complai...
Criminal Procedure – Quashing of FIR and Proceedings – Proceedings under Section 174-A IPC based on FIR quashed as being unsustainable under law – Held that Section 174-A IPC, though a cognizable offense, falls within the purview of Section 195(1)(a)(i) Cr.P.C. – FIR and police report for Section 174-A IPC cannot form the basis for cognizance unless accompanied by a complai...
Criminal Procedure – Framing of Charges – Revision Petition – Petitioners challenged the order of the 5th Special Court at Calcutta framing charges under multiple sections of the Companies Act and SEBI Act, arguing that the charges were beyond the scope of the initial complaint and framed without proper judicial consideration – High Court observed that the trial court inclu...
Criminal Law – Appeal Against Acquittal in Dowry Death Case Dismissed – The Patna High Court dismissed a criminal appeal challenging the acquittal of the respondents for charges under Sections 498A, 304B, and 34 IPC – Appellant alleged dowry harassment and murder of the deceased by her in-laws – Trial court acquitted Respondent Nos. 2 to 5 due to lack of direct evidence pro...
Dishonour of Cheque – Section 138 of the NI Act – Summoning Order Upheld – The petitioner issued two cheques to the respondent institute under the terms of an employment contract, which were dishonoured upon presentation. The petitioner contended that the cheques were issued as security and not for discharging any legally enforceable debt. The trial court took cognizance of the c...
Criminal Law – Quashing of Proceedings – Section 153 IPC – Petitioner, an Australian tourist of Jewish descent, was charged under Section 153 IPC for tearing down banners at Fort Kochi – The banners bore the slogan "SILENCE IS VIOLENCE STAND UP FOR HUMANITY" – Petitioner contended that the posters invoked distress due to their possible allusion to the Israel...
Motor Accident Claim – Proof of Negligence – Dismissal of Claim – Appellant claimed injuries caused by rash and negligent driving of an HRTC bus, resulting in permanent disability (15% of the right limb) – Tribunal dismissed the claim petition, holding that the appellant failed to prove negligence by the driver or conductor of the bus – Appeal dismissed by the High Co...
Criminal Law – Bail Application – Rape under POCSO Act – The applicant, aged 71 years, sought bail in a case involving gang rape and blackmail of a 12-year-old victim. The victim alleged that the applicant, along with a co-accused, had formed physical relations with her against her consent on multiple occasions, leading to her pregnancy, and blackmailed her with videos – He...
Anticipatory Bail – SC & ST Act – Prima Facie Case – Appeal Allowed – The appellant sought anticipatory bail after being accused of utterances and gestures of a sexual nature towards a journalist belonging to a Scheduled Caste, with offenses under Sections 74 and 79 of the BNS and Sections 3(1)(w)(ii) and 3(2)(va) of the SC & ST Act – The Court held that prima...
Criminal Law – Quashing of Charges – Allegations of Criminal Conspiracy and Misappropriation of Coal Rejects – Supreme Court evaluated the genesis of the CBI investigation, highlighting that it was prompted by the CAG Audit Report, which lacked finality – The Court emphasized that the investigation into the case was unjustified, stemming from a civil dispute with no substan...