Criminal Law – Common Object – Sections 302, 149 IPC – Whether the accused acted with a common object under Section 149 IPC or in furtherance of a common intention under Section 34 IPC – Held, appellants Nos. 1 and 3 were found guilty under Section 302 read with 34 IPC as they inflicted fatal injuries on the deceased, while appellants Nos. 2, 5, 7, 8, and 9 were acquitted o...
Criminal Law – Sections 294, 114 of the IPC – Obscene Acts and Abetment – Whether merely being present as a spectator in a bar where obscene acts are performed constitutes criminal liability – Held, no material on record shows that the petitioner participated in the obscene acts as per the requirements of Section 294 IPC. The prosecution's evidence is insufficient to es...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Whether criminal proceedings should be quashed when the dispute arises from corporate transactions – Held, criminal proceedings can be quashed only in exceptional cases where it is clearly shown that no prima facie case is made out, or the allegations are frivolous and vexatious – [Paras 5-8].
Co...
Criminal Law – Murder – Acquittal Overturned – Eyewitness Testimonies – Three eyewitnesses, including the father and daughter of the deceased, testified against the accused, stating that he attacked his wife with a Kassi – Trial court disregarded these statements due to minor contradictions in timing and procedural flaws in the investigation – Held: The High Cou...
Narcotic Drugs and Psychotropic Substances Act – Acquittal - Search and Seizure – Non-Compliance with Section 42 - The investigating officer failed to obtain a search warrant or authorization from the jurisdictional Magistrate, a requirement under Section 42 of the NDPS Act - The search was conducted without the proper authorization, vitiating the procedure - Held: Non-compliance with ...
Criminal Law – Anticipatory Bail – Section 438 of CrPC – Whether anticipatory bail can be granted to a person already in custody for a different offence – Held, an accused can apply for anticipatory bail in relation to a different offence while in custody – Supreme Court clarifies that arrest in one offence does not preclude arrest for another, and formal arrest can b...
Criminal Law – PCPNDT Act – Illegal Search and Seizure – Reversal on Appeal – The appellant, a radiologist, was convicted under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, for allegedly conducting illegal sex determination tests. A raid conducted solely by the Civil Surgeon at the appellant's clinic led ...
Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contrab...
Dowry Harassment – Quashing of FIR – The petitioners sought quashing of the FIR on the ground that the allegations were vague and lacked specific details – The Court observed that the allegations made against the petitioners, who are the informant's parents-in-law, were general and did not meet the threshold for constituting cruelty under Section 498-A IPC – Held that v...
Criminal Law – Corruption Conviction – Reversal on Appeal – Appellant, a Junior Assistant in the Taluk Office, was convicted under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act for demanding and accepting a bribe of Rs.250/- for issuing a death certificate. The trial court sentenced him to rigorous imprisonment and fines. On appeal, the High Court fo...