Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...
Criminal Law – Circumstantial Evidence – Acquittal – Appeal by the State against the acquittal of the respondent for murder charges under IPC. The prosecution’s case was based on weak circumstantial evidence, unsubstantiated recovery claims, and inconsistencies in witness testimonies. Held, the circumstantial evidence presented failed to establish the guilt of the accused b...
Criminal Law – Appeal against Conviction – Delay in Filing – Petition under Section 482 Cr.P.C. challenging the dismissal of an appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of delay. The appeal was dismissed without considering the exclusion of the time taken to prepare the certified copy of the judgment. Held, the period con...
Criminal Law – Quashing of Charges – Criminal Conspiracy and Breach of Trust – Petition under Section 482 Cr.P.C. challenging charges framed under Sections 406 and 120B IPC by the Trial Court. The petitioner contended that she cannot be held liable for offences allegedly committed by her late husband. Held, quashing of charges is an exception to the rule and should not be done at...
Juvenile Justice - Determination of Age - Trial as Adult – The Juvenile Justice Board (JJB) ordered the petitioner, accused of rape and penetrative sexual assault, to be tried as an adult after a preliminary assessment of his mental and physical capacity. The petitioner challenged this order, contending that he was under 16 years of age at the time of the alleged offence. Held, a combined re...
Prisoners' Rights - Unauthorized Possession of Mobile Phone - Parole Denial - The court examined whether the unauthorized possession of a mobile phone by a prisoner, without any accompanying conviction or evidence of misuse, justifies the denial of parole. The court emphasized that such denial, in the absence of a full trial or a conviction, infringes upon the presumption of innocence, a corne...
Criminal Law – Quashing - NDPS Act - Vicarious Liability of Property Owner - The petitioner was implicated under the NDPS Act for allegedly allowing his property to be used for a drug-related event without his knowledge. The court analyzed the applicability of Section 25 of the NDPS Act, which requires conscious knowledge for the owner to be held liable. Citing precedents, the court emphasiz...
Criminal Law – Quashing of Complaint – Petitioner challenged the complaint filed under the Drugs and Cosmetics Act, 1940, contending that it lacked specific allegations and failed to meet statutory requirements – Petitioner argued that the trial court took cognizance without proper application of mind – Complaint and subsequent proceedings deemed vague, ambiguous, and mecha...
Criminal Law - Abetment of Suicide - Extra-Marital Affair - Mens Rea - The applicants, accused of abetting the suicide of the deceased husband due to an alleged extramarital affair, sought quashing of the FIR. The court held that mere involvement in an extramarital affair does not constitute abetment under Section 306 IPC unless there is clear evidence of instigation or intentional aiding of the s...
Criminal Law - Bail Application - Section 6 POCSO Act - The petitioner sought bail after being in custody for four years, arguing that medical evidence did not conclusively establish penetrative sexual assault, and that there were inconsistencies in the victim's testimony. The court noted the severity of the charges, including aggravated penetrative sexual assault under Section 6 of the POCSO ...