Filing of Criminal Writ Petition under Article 226 – Petitioners seeking directions for protection against threats to their life and liberty – Relationship between the major petitioner No. 1 and minor petitioner No. 2 (17 years & 9 months) is a matter of their personal choice and stated to be consensual [Para 1, 2].
Notice and Representation – Initial hearing and...
Bail Granted by High Court – Review by Supreme Court – Criminal Appeal against the order of Allahabad High Court granting bail to accused persons convicted under multiple sections including 302/149 IPC – High Court granted bail based on period of incarceration and previous bails granted to co-accused – Supreme Court examines subsequent criminal activities and the involvemen...
Criminal Law - Quashing of Complaint and Summoning Order – Petition under Section 482 Cr.P.C. by the marketing company and its Regional Manager, challenging the legality of the criminal complaint and subsequent proceedings concerning the sale of allegedly substandard fertilizer - The Punjab and Haryana High Court held that no prima facie case against the marketing company and its Regional Ma...
Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm
Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee...
Quashing of FIR – Criminal Appeal against High Court order dismissing petition to quash FIR lodged for offenses under Sections 498A, 406, 384, 420, and 120(B) IPC – Appeal brought following an acquittal in a related case and amidst allegations of consecutive FIRs on identical grounds in different states – Supreme Court finds High Court misinterpreted the chronological order of co...
Cancellation of Bail – Criminal Appeals against High Court orders granting bail – Assault and murder case involving accused Vivek Pal and Punit Pal – High Court granted bail which was challenged by the original complainant in Supreme Court – Supreme Court considers the severity of the crimes, the influence of the accused, and potential threat to the judicial process –...
Acquittal and Conviction History – Initial trial acquitted all accused (A-1 to A-6) due to inconsistent witness testimony and lack of credible evidence - High Court reversed acquittal for A-1, A-2, and A-3 based on re-evaluation of witness accounts and convicted them under Section 302 read with Section 34 IPC - Supreme Court examined the High Court’s deviation from principles governing...
Quashing of Conviction and Acquittal – Criminal Appeal against High Court and Trial Court's decision – Supreme Court acquits appellant convicted of robbery under Section 394 read with Section 397 IPC – No tangible or reliable evidence linking appellant to the crime – Recovery and identification of stolen items not proven to legal standards – Appeal allowed, and co...
Background & FIR Details – FIR No.227/2017 lodged at Police Station Pasi Ghat, East Siang District, Arunachal Pradesh against several accused for alleged cheating and conspiracy regarding a ₹1 Crore transaction purportedly for a property purchase in Rajasthan – Issues of jurisdiction and nature of the dispute raised – Gauhati High Court upheld FIR while Rajasthan High Court...
Protest Petition – Interpretation and Legal Standing – Criminal Appeal against High Court order dismissing application to quash summoning order – CJM took cognizance of offences based on affidavits in Protest Petition, despite police report recommending closure – Supreme Court holds CJM should have treated Protest Petition as a private complaint under Section 200 Cr.P.C., n...