Petitioner sought quashing of FIR alleging forgery and tampering of complainant’s ACR to obstruct promotion to IFS – Held: As per Bhajan Lal principles, FIR can be quashed only where allegations do not disclose any offence or are absurd on face of record – Defence pleas and disputed questions of fact cannot be examined at this stage – Prima facie material including statemen...
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...
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 Law – Murder and Criminal Conspiracy – Case Based on Circumstantial Evidence – Appellants convicted under Sections 302/201/120B/149 IPC – No eye-witness to occurrence – Prosecution relied on last seen theory, CDRs, recovery of mobile and motorcycle parts and confessional statements under Section 164 CrPC – Held: None of the incriminating circumstances f...
Rape – Consent on Promise of Marriage – Discharge – Prosecutrix alleged physical relations on false assurance of marriage – Record revealed long-standing relationship of two years – Single incident alleged – Delay in complaint and FIR – No material indicating force, coercion or false inducement from inception – Held: No prima facie material to show c...
Negotiable Instruments Act – Dishonour of Cheque – Conviction and Sentence – Accused convicted by Trial Court and conviction confirmed in appeal – During pendency of criminal revision, parties filed joint application under Section 147 of the N.I. Act read with Section 359 BNSS seeking permission to compound offence – Held, Section 147 makes offence under Section 138 c...
Bail – Regular Bail – Corruption by Senior Public Servant – Petitioner (DIG rank officer) alleged to have demanded ₹8,00,000/- through intermediary for extending official favour and preventing coercive action – Co-accused apprehended in trap accepting ₹5,00,000/- – Recorded conversations and controlled call relied upon – Held: Prima facie material cannot be ...
Criminal Law – Supplementary Report – Section 173(8) CrPC – Nature – Supplementary report forms integral part of primary report – Court must treat both reports conjointly – Cumulative effect of all reports to be considered before forming opinion on prima facie case [Paras 10, 17, 19].
Further Investigation – Submission of Final Report after Co...
Dacoity – Appreciation of Evidence – Failure to Prove Occurrence Beyond Reasonable Doubt – Trial Court presumed factum of dacoity without proper analysis – Material lapses in investigation including non-seizure of empty cartridges despite alleged firing by both sides, non-recovery of broken lock, and failure to verify alleged possession of Rs.6,000/- – No recovery of ...
Criminal Law - Appeal Against Acquittal – State challenged judgment of ASJ acquitting respondent of offences under Sections 326/341/506 IPC – Trial Court had convicted relying primarily on examination-in-chief of complainant – Appellate Court granted benefit of doubt due to hostile witnesses and evidentiary gaps – High Court held that findings of ASJ were cogent and well-re...