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...
Criminal Law – Quashing - Drugs and Cosmetics Act – Non-maintenance and manipulation of manufacturing records – Schedules M & U – Allegations of tampering, discrepancies in production, consumption and sale of Pseudoephedrine – Held: Such violations attract Section 18(a)(vi) read with Rule 74 and are punishable under Section 27(d) – Not confined merely to Sec...
Criminal Law – Murder – Circumstantial Evidence – Recovery under Section 27 Evidence Act – Deceased went missing – Ransom calls made from her mobile – Mobile sold by accused – Dead body recovered from well at accused’s disclosure – Scooty recovered at accused’s instance – Medical evidence proving homicidal death by ligature strangul...
Anticipatory Bail – SC/ST (Prevention of Atrocities) Act – Bar under Section 18 – Prima facie caste-based abuse at public place – Informant alleged that accused No.2 abused her by uttering casteist words and all accused asked her to vacate house calling her by caste name – Incident occurred at public tap within public view – Held: Ingredients of Sections 3(1)(r)...
Criminal Law – Quashing - Cheating – Commercial Transactions – Quashing of Criminal Proceedings – Managing Director of company summoned under Section 420 IPC for alleged non-payment of dues for goods supplied – Respondent had already filed civil suit for recovery which was decreed – Criminal complaint filed belatedly after three years – Held: Dispute essen...
Criminal Law – Abuse of Process – Successive FIRs – Article 32 – Petitioners alleged repeated registration of FIRs by Anti-Corruption Bureau to nullify bail orders and keep Petitioner No.1 in custody – Court examined sequence of FIR No.9/2025, FIR No.11/2025, FIR No.20/2025 and FIR No.458/2025 – Noted that subsequent FIRs were not disclosed when interim bail was...
Criminal Appeal Against Acquittal – Scope of Interference – Presumption of Innocence Reinforced – Appeal against acquittal under Sections 302/120-B RPC – Trial Court disbelieved extra-judicial confession, child eye-witness testimony and recoveries – Held: In appeal against acquittal, interference warranted only when findings are perverse, manifestly illegal or based o...
Criminal Law – Quashing of FIR – Matrimonial Dispute – Allegations under Sections 498A, 406 IPC and Section 4 Dowry Prohibition Act – Husband sought quashing alleging FIR as counterblast to divorce petition – Court reiterated limited scope of inherent jurisdiction – At quashing stage no mini-trial permissible – Where allegations taken at face value disclos...
Conviction can be sustained only when circumstances are fully established, consistent solely with guilt, conclusive in nature, exclude every hypothesis of innocence and form a complete chain – Held: Chain of circumstances not complete – Benefit of doubt to accused [Paras 16-17].
Last Seen Theory – Hostile Witness – PW-15 Ramzan Khan turned hostile and denied seeing accus...
Bail – UAPA – Long Incarceration – Appellant in custody for over 2 years and 6 months – Only 4 out of 21 prosecution witnesses examined – Cross-examination of 3 witnesses pending – Trial not likely to conclude in near future – Held: Prolonged incarceration violates Article 21 – Long custody by itself is a significant ground for grant of bail even in ...