Criminal Law – Preventive Detention – COFEPOSA Act – Detention order quashed due to procedural violations – The appellant, wife of the detenu (Shaji A.K.), challenged the preventive detention of her husband under COFEPOSA for allegedly engaging in illegal foreign exchange transactions – Detention based on statements, WhatsApp chats, and documents linking the detenu to...
Criminal Law – Overstaying by foreign nationals – Conviction under Foreigners Act and Passports Act challenged – Petitioners, foreign nationals from Kenya and Senegal, entered India on valid visas but overstayed beyond the permitted period – Prosecution alleged offenses under Sections 14(a), 14A of the Foreigners Act, 1946, and Sections 12(1)(C), 12(1A) of the Passports Act...
Criminal Law – Change of Investigative Agency – Sections 452, 376, 313, 506, 323, 427 IPC – Whether a court can direct a change of the investigating agency upon the request of the accused – Held, the accused cannot choose or demand a change in the investigating agency unless clear evidence of bias or partiality is demonstrated – [Paras 12-16].
Writ of Mandamus &nda...
Criminal Law – Quashing of Proceedings – Section 482 of Cr.P.C. – The petitioners sought quashing of criminal proceedings under Sections 386, 449, 326, 365, 506, 120B, and 34 of the IPC, contending that the allegations made in the complaint were fabricated and unsupported by material evidence. Upon review, the court found discrepancies between the allegations of assault and the m...
Child Custody – Habeas Corpus Petition – Custody of Minor Child under Article 226 – Supreme Court’s Decision to Restore Custody to Maternal Family – Custody to be decided under Guardians and Wards Act (GW Act) – The Supreme Court held that the Madhya Pradesh High Court erred in ordering the custody of a minor child (2 years, 7 months old) to her father and pater...
Criminal Law – Conviction of CCL under Section 377, IPC and Section 6 of POCSO Act upheld by High Court – Challenge in Criminal Revision – Petitioner, a Child in Conflict with Law (CCL), challenged his conviction for unnatural offenses and aggravated sexual assault – Both the Juvenile Justice Board and the appellate court confirmed the conviction based on the testimony of t...
Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial ...
Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation &nda...
Drugs and Cosmetics Act – Quashing of Criminal Proceedings due to Delay in Drug Analysis Report – Violation of Statutory Rights – Right to Challenge the Government Analyst’s Report Nullified Due to Delay – Petitioners challenged the prosecution initiated under the Drugs and Cosmetics Act, alleging that the delay of more than 20 months in testing the drug sample depriv...
Criminal Law – Sanction for Prosecution – Application of Mind – Appellant challenged the validity of the sanction under Section 19 of the Prevention of Corruption Act, alleging that it was granted without application of mind and by an incompetent authority. The court held that the sanction order lacked necessary documentary evidence to show that the powers were properly delegated...