Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising susp...
Criminal Law – Appeal Against Conviction for Murder – Sections 302 and 364 IPC – Reversal of Trial Court’s Conviction by High Court – Inconsistencies in Prosecution Evidence – Appeal against the judgment of conviction by the III Additional District and Sessions Judge Coimbatore under Sections 302 and 364 of IPC – Accused was convicted for the murder of the...
Criminal Law – Discharge Application Rejection Upheld – High Court of Gujarat’s dismissal of Criminal Revision Application (CRA No. 783 of 2017) upheld by Supreme Court – Allegation of criminal conspiracy involving customs officials and wrongful clearance of goods into the Indian market by the appellant-company leading to wrongful loss to the government – Immunity gra...
Look-Out Circular (LOC) – Legality – Economic Offence – Petitioner challenged the issuance of an LOC by the ED, contending that he had fully cooperated with the investigation and had been granted anticipatory bail without any travel restrictions – The court held that none of the grounds for continuing the LOC, such as the petitioner being a flight risk or evading trial, wer...
Quashing of Criminal Proceedings – Validity of Charges – Petitioners challenged the charge-sheet and criminal proceedings initiated under the Prohibition of Child Marriage Act and POCSO Act – Evidence presented indicated the victim was of legal age at the time of marriage – FIR alleged child marriage based on hearsay without verifying facts – Continuation of proceedin...
Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...
Criminal Law – Appeal against Conviction – Delay in FIR – Valid reasons for delay in reporting matter to police recorded by Trial Court – Injuries to complainant and parents established by medico-legal reports – Conviction upheld – Appellants ordered to undergo probation for one year due to the long duration of trial. [Para 11-13]
Minor Injuries to ...
Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...
Criminal Law – Quashing of FIR – Heinous Offences – Petition to quash FIR for rape under Section 376(2)(n) IPC on the basis of compromise between the parties – Prosecutrix claimed allegations were made in a fit of anger – Court held that FIRs involving serious offences like rape cannot be quashed even if a compromise is reached – Petition dismissed. [Para 12-13]...
Criminal Procedure – Regular Bail – Lengthy Custody – Second petition for regular bail under Section 439 Cr.P.C. The petitioner was found in possession of 265 grams of Tramadol (commercial quantity) and a firearm with live cartridges. He has been in custody for 40 months, and the trial is at a nascent stage. Held, despite the petitioner’s involvement in multiple criminal ca...