Criminal Contempt – Forgery and Impersonation in Judicial Proceedings – Filing of Writ Petition and Writ Appeal in Name of Wife without her Knowledge – Attempt to Leave Country in Violation of Court Order – Apology Accepted – Respondent had instituted WP(C) No. 18665/2024 and W.A. No. 942/2024 in the name of his wife without her consent by forging her signatures on va...
Dowry Death – Acquittal – Scope of Appellate Interference – Death by hanging within seven months of marriage – Trial Court acquitted accused under Sections 498-A/304-B/302 IPC – Held: Appellate Court can reappreciate evidence but interference warranted only if view of Trial Court is perverse or wholly unreasonable – If two views possible, acquittal not to be dis...
Criminal Law - Discharge – Disproportionate Assets – Scope under Section 239 Cr.P.C. – Petitioner challenged rejection of discharge application in vigilance case alleging accumulation of assets disproportionate to known sources of income during check period 01.05.1982 to 29.12.1995 – Alleged D.A. enhanced from Rs.8,72,624/- in FIR to Rs.14,38,435/- in charge-sheet – H...
Criminal Law – Protest Complaint – Refer Report – Duty of Magistrate – When Police File Final Report Terming Complaint False and Protest Complaint is Filed, Magistrate Must Consider Refer Report and Materials Collected – Order under Section 204 Cr.P.C. Should Reflect Application of Mind and Brief Reasons for Disagreeing with Investigating Officer – Non-Considera...
Criminal Law - Prevention of Insults to National Honour Act, 1971 – Section 2 – Quashing of Proceedings – National Flag hoisted upside down on Independence Day – Petitioner, a Second Division Assistant in Gram Panchayat, was in charge of flag hoisting ceremony – Allegation that due to negligence, Flag was unfurled in reverse position – Charge sheet materials dis...
Domestic Violence Act – Maintainability of Petition under Section 482 Cr.P.C. – Appellate Court directed return of application under Section 12 on ground of territorial jurisdiction – Held, though proceedings under Section 12 are predominantly civil in nature, High Court can invoke second limb of Section 482 Cr.P.C. to prevent abuse of process or to secure ends of justice –...
PCPNDT Act – Quashing of Complaint – Illegal Sting Operation vs. Admissibility of Seized Evidence – A qualified radiologist-appellant was alleged to have conducted ultrasonography on a decoy pregnant patient without filling mandatory Form F, disclosing sex of foetus, or maintaining any record as required under Rules 9 and 10 – The sting operation was directed solely by the ...
Homicide – Murder or Culpable Homicide – Family Dispute – Appellants and victims, being brothers, assembled to resolve dispute regarding responsibility of maintaining aged parents – Heated exchange followed by assault with household sharp implements – No prior enmity beyond property and maintenance dispute – Held, absence of premeditation and presence of sudden ...
Section 304-A IPC – Death by Negligence – Compromise – Quashing Impermissible – FIR registered regarding death of two workmen in factory accident – Petitioners sought quashing on basis of compromise with complainant and payment of compensation – Held: Offence under Section 304-A IPC is not a private dispute but a crime against society – Primary victim bein...
NDPS – Regular Bail – Commercial Quantity – Applicability of Section 37 – Alleged recovery of 1,37,11,610 tablets weighing 5772.584 kg (with strips) – Petitioners alleged to be part of organised chain involving manufacture, marketing and diversion of NRx medicines through licensed and fictitious firms – Held: Rigours of Section 37 NDPS Act attracted – Twin...