Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...
Anticipatory Bail – Cyber Crime – Misuse of Social Media and Digital Identity – Petitioner sought anticipatory bail apprehending arrest in Cyber P.S. Case No.14/2025 involving serious allegations under BNS, 2023 and Information Technology Act, 2000 – Allegations of creation of fake email and Instagram accounts in the name of informant, circulation of obscene photographs, de...
Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Pre-cognizance Stage – Section 223 BNSS – Magistrate directed issuance of notice to accused before taking cognizance – Held impermissible in complaints under Section 138 N.I. Act, which is a special enactment – No requirement of issuing notice or summons to accused prior to taking cognizance ...
Public Servant – Quasi-Judicial Functions – Criminal Prosecution – Protection under Judges (Protection) Act, 1985 – Executive Officer of Municipal Corporation passed an order staying mutation proceedings pending decision of civil title suit – Allegation of collusion and conspiracy in passing stay order – Held: Passing of stay order was in discharge of quasi-judi...
Criminal Law – Discharge – Scope at Preliminary Stage – Accused seeking discharge contending that he was neither Director nor shareholder of accused company – Magistrate relied on Registrar of Companies records showing petitioner as Director – At discharge stage, court required to see prima facie material and not conduct a roving enquiry – Held: Existence of doc...
Criminal Law – Quashing of FIR and Cognizance Order – Article 226 Constitution of India – Maintainability – Petitioner sought quashing of FIR, charge-sheet and cognizance order alleging dispute to be purely civil arising out of partnership agreements – During pendency of writ petition, investigation completed, charge-sheet filed and cognizance taken by Magistrate &nda...
Matrimonial Law - Maintenance Law – Divorced Muslim Woman – Code of Criminal Procedure, 1973 (Cr.P.C.) Section 127 / Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act, 1986) Section 3(2) – Enhancement Allowed – A divorced Muslim woman is not precluded from invoking Section 127 Cr.P.C. for enhancement of maintenance even if the initial order was passed under Sect...
Anticipatory Bail – Sections 318(4) & 319(2) BNS - Impersonation in Public Examination – Extraordinary Nature of Relief – Petitioner sought pre-arrest bail in FIR alleging that another person appeared in a recruitment examination on his behalf using his roll number and documents – CCTV footage and seizure of documents indicated impersonation – Held: Anticipatory b...
Bail – Second Bail Application – Murder of Wife by Strangulation – Section 103(1) BNS – Earlier Bail Withdrawn – Second Bail Filed Without Change in Circumstances – Rejection Justified – Applicant sought bail for the second time after having earlier withdrawn the first bail application during trial proceedings – No substantial change in circumstances...
Criminal Law – Police Custody – Discretion of Magistrate – Learned Magistrate declined police custody after noting extensive investigation and recovery of incriminating materials – Order passed with cogent reasons – Held: Revisional Court should not ordinarily interfere with such reasoned exercise of discretion unless perversity is shown [Paras 10–14].
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