Criminal Appeal – Challenge to denial of regular bail – Appellant seeks to set aside the impugned order dismissing his bail application – Arrested in a case related to a terror module planning IED Blasts – Allegations based on co-accused's disclosure statements and witness statements – Appellant's limited role as a middleman and lack of knowledge about the pur...
Criminal Law – Voluntarily causing hurt by dangerous weapons or means – Appeal against acquittal in a case initiated from an FIR lodged for assault with a blunt object, resulting in injury – Trial court acquitted accused, noting lack of sufficient evidence and failure to prove crucial medical documents – High Court reviewed, confirming no need to interfere with trial court&...
Anticipatory Bail – Petition for Grant – Mohammad Rayyan Ansari, the petitioner, seeks anticipatory bail concerning FIR No.143 dated 18.06.2023 under Sections 21(c), 22(c) and 25 of the NDPS Act at Police Station Munak, Karnal, Haryana, following the allegations of selling intoxicating tablets. The petitioner was implicated based on the disclosure statement of a co-accused. The learned...
Criminal Law – Conviction under Sections 304 (Part II) and 328 IPC – Appeal against conviction by the Additional Sessions Judge, Malda – Appellant convicted for causing death by administering poisoned alcoholic drink and causing grievous harm with knowledge – High Court modified sentence but upheld conviction – Evidence from medical reports and witness testimonies con...
Criminal Law – Appeal against conviction – Conviction for involuntary manslaughter (304 Part II IPC) and causing hurt by means of poison (328 IPC) after administering poisoned ‘Tari’ (local alcohol), resulting in one death and multiple hospitalizations – Challenge based on lack of direct evidence of motive and possession of poison – High Court modifies the sente...
Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...
Registration of FIR – Mandate of Lalita Kumari v. Government of Uttar Pradesh – Petitioner seeks direction for registering an FIR related to a murder case – Petitioner’s complaint and medical report establish the occurrence of a cognizable offence – Failure to register an FIR amounts to dereliction of duty by the police officer. [Para 5-7]
Lalita Kumari G...
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...
Criminal Procedure - Pardon and Custody - Petitioner, involved in conspiracy and unlawful activities, granted pardon under Section 306 Cr.P.C. as an approver but remained in custody - Analysis of judicial discretion for release under inherent powers (Section 482 Cr.P.C.) despite statutory provisions mandating custody till trial completion - Held, the court, recognizing the medical hardships and pr...
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...