Criminal Law - Quashing of FIR and Charge-Sheet – Petition for quashing FIR registered under Sections 420, 467, 468, 471, 120-B of IPC, and relevant sections of the Mahatma Gandhi Rashtriya Gramin Rozgar Guarantee Adhiniyam 2005 – FIR related to misuse of JCB machine for manual labor work under MGNREGA – Petitioner retired and no charge-sheet filed – Provisions of Rule 9(3)...
Criminal Law – Acquittal in Case of Alleged Dowry Death and Cruelty – Appeal by State Dismissed – The High Court of Gujarat dismissed the State’s appeal against the acquittal of the accused for offences under Sections 302, 498(A), 306, 304(B), and 114 of the Indian Penal Code. The Court held that the prosecution failed to establish a direct cause linking the alleged cruelty...
Criminal Law – Acquittal under Sections 395 and 397 IPC and Section 135 of the Bombay Police Act upheld by the High Court - Burden of Proof and Standard of Evidence – The appeal challenged the acquittal of respondents accused of robbery and causing hurt with deadly weapons. The prosecution relied heavily on a test identification parade (TIP) conducted eight months post-incident and the...
Criminal Law – Appeal Against Acquittal – Section 378 of Cr.P.C. – Appeal by the State challenging acquittal by the trial court. The trial court acquitted the accused for offences under Sections 323, 504 read with Section 114 of IPC, Section 3(1)(x) of the Atrocities Act, and Section 135 of the Bombay Police Act. The High Court upheld the trial court’s judgment, finding no ...
Criminal Procedure - Petition to quash proceedings under Sections 3 to 5 of the Immoral Traffic (Prevention) Act and Section 370(A)(2) of IPC - Petitioner, accused as a customer in a brothel raid, seeks relief citing non-applicability of charges - Analysis hinges on distinctions between customers and traffickers/exploiters in law - Court distinguishes roles based on previous judgments and specific...
Passport Law – Renewal of Passport – Special Criminal Application seeking renewal of passport – Applicant’s passport renewal denied by passport authority due to pending criminal case and untraceable court records – Court held that the pendency of a criminal complaint which culminated into a criminal case does not justify refusal of passport renewal under Section 6(2)(...
Criminal Law – Quashing of Complaint and Summoning Order – Petition under Section 482 CrPC – Allegations of substandard fertilizer against dealer and others – Samples taken from sealed and properly stored fertilizer bags – Held dealer not liable for substandard fertilizer as responsibility lies with manufacturer – Complaint and summoning order quashed. [Paras 1-...
Criminal Law – Acquittal Appeal – Counterfeit Currency – Criminal appeal by the State against the acquittal of the accused for offences under Sections 489(A), 489(B), 489(C), 489(D), 34, and 171 read with Section 114 IPC. The State contended that the trial court erred in not properly appreciating the evidence. The High Court found that the prosecution failed to prove mens rea and...
Criminal Law – NDPS Act – Conviction for Possession of Poppy Husk – Appeal against conviction under Section 15 NDPS Act – Appellant argued improper handling of evidence and lack of primary evidence due to destruction of examined sample cloth parcels – High Court found non-compliance with statutory procedures for certifying and retaining evidence – Inventory and ...
Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...