Criminal Law – Section 313 CrPC – Improper Examination – Vitiation of Trial – Appeals allowed – Conviction Set Aside – Matter Remanded – Appellants convicted for murder and other offences under IPC – Trial court and High Court upheld conviction – Supreme Court found serious procedural irregularities in the recording of accused persons’ st...
Criminal Law – Section 156(3) Cr.P.C. – Direction to Register FIR – Commercial Dispute – Allegations Do Not Disclose Cognizable Offence – Magistrate’s Order Set Aside by Revisional Court – Upheld – Petitioners entered MoU for real estate investment; alleged misrepresentation and fraud by developers – Magistrate directed FIR registration under S...
Prevention of Money Laundering – Discharge Application – Scope under Section 227 CrPC – Petitioners sought discharge from prosecution under PMLA on the ground that cognizance in predicate offence (scheduled offence) stood quashed – Special Court rejected the application – Held: Offence under Section 3 PMLA is a standalone and continuing offence – Proceedings und...
Criminal Law – Rape Allegation – Acquittal – Appellant convicted by trial court under Section 376(2)(i) IPC and Section 3/4 POCSO Act, 2012 for allegedly committing rape on a 7-year-old girl – Trial court sentenced him to 14 years RI under IPC and 7 years RI under POCSO Act with fines under both provisions – On appeal, High Court finds that key prosecution witnesses i...
Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Prolonged Custody – Right to Speedy Trial – Article 21 – Appellant accused of aiding and abetting hoisting of “Khalistani” flag on D.C. Office, Moga, under influence of banned organization “Sikhs for Justice” – No recovery from appellant except mobile phone &ndash...
Negotiable Instruments Act – Suspension of Sentence – Condition of Deposit – Mandatory Nature – No Exception Made – Petitioner convicted under Section 138 NI Act sought suspension of sentence during pendency of appeal – Appellate court suspended sentence conditionally upon deposit of 20% of compensation amount – Petitioner challenged order citing financial...
Criminal Law – Abetment of Suicide – Conviction under Section 306 IPC set aside – Trial court convicted appellants based on suicide note and testimonies alleging monetary harassment related to cricket betting – Suicide note recovered a day after incident under suspicious circumstances – Recovery witnesses admitted signatures were obtained at police station and not on-...
Criminal Law – Quashing of FIR – BUDS Act – Large-scale investment fraud – FIR discloses cognizable offences – Civil dispute argument rejected – Section 27 BUDS Act not applicable to offences relating to Unregulated Deposit Schemes – Yellappa precedent applied – Held: Investigation must proceed; quashing refused – Petitions dismissed [Paras 8&n...
Cybercrime – Bail Denied – Elderly Victims – Digital Arrest – Accused impersonated Cyber Police officials and placed 84-year-old couple under illegal 'digital arrest' – Extorted ₹2.02 crore between 30.04.2025 and 08.05.2025 – Petitioners received ₹45 lakh – Bail applications rejected due to gravity and corroborated financial trail – Court...
Juvenile Justice Act, 2015 – Section 12 – Bail to Child in Conflict with Law (CCL) – Gravity of Offence vs. Statutory Mandate – Held: While the alleged offence (RPG attack on Police Station) is grave, Section 12 mandates bail as a rule for juveniles, irrespective of the nature of the offence (bailable or non-bailable) – Bail can only be denied if there are reasonable ...