Criminal Writ Petition – Premature Release – Petitioner seeks direction for premature release under Article 161 of the Constitution of India – Petitioner has completed more than 16.5 years of actual custody – Convicted under Section 302 read with Section 120B IPC – Pending Criminal Appeal – Contention that State Government's policy allows her release –...
Anticipatory Bail - Petitioner seeks anticipatory bail in FIR involving charges under IPC Sections 420, 467, 468, 471, 120-B, and Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 - Petitioner a first-time offender - Nature of allegations and the need to provide an opportunity to course correct justifies consideration for bail. [Para 1-6]
Bail Principles - Bail decision mu...
False FIR - Abuse of process of law - Mala fide intent - Quashing of proceedings under Section 482 of CrPC - Petitioner, an Afghan refugee, faced charges of forgery, theft, and molestation based on two complaints by the respondent no.2 - First complaint alleged forgery and theft, while the second complaint introduced allegations of molestation - CCTV footage was not shared with the police - Delay ...
Criminal Law – Bail Application – Applicant accused in connection with Delhi riots involving murder and multiple felonies – Bail sought under Section 439 CrPC after being implicated in the murder and riots as part of a violent mob based on eyewitness and police testimonies – Charges under multiple sections of IPC including murder, rioting, and destruction of property &ndash...
Criminal Proceedings - Quashing of FIR and Subsequent Proceedings - Petition filed under Section 482 Cr.P.C. for quashing of FIR No.35 dated 29.05.2016 under Sections 306, 34, 120-B IPC and 420 IPC - Accused petitioner seeks the quashing of the FIR and all subsequent proceedings - Allegations of abetment to suicide and dishonor of cheques - Name of the petitioner appears in the suicide note withou...
- Bail Application – Narcotics Drugs and Psychotropic Substances Act (NDPS Act) – Petitioner seeking bail under Section 439 CrPC – Criminal antecedents of the petitioner – Long pre-trial custody exceeding two years and six months – Exceptional case for bail – Conditions imposed based on Dheeraj Kumar Shukla v. The State of Uttar Pradesh [Para 5-9]
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Cheque Bounce Cases – Dispute over issuance of cheques – Petitioners seeking quashing of Complaint Cases under Section 138 of NI Act – Disputed allegations regarding the issuance of cheques – Whether cheques issued towards discharge of legally enforceable debt – Prima facie case against petitioners – Proceedings not quashed at pre-trial stage – Principles ...
Criminal Revision Petition – Conviction under Section 138 of Negotiable Instruments Act, 1881 – Appeal against judgment of learned Additional Sessions Judge-02 – Petitioner convicted for dishonoring a cheque – Facts involving a loan, cheque issuance, and dishonor – Petitioner seeks acquittal and challenges lower court decisions. [Para 1-8]
Presumption under Section...
Anticipatory Bail – Dismissal of anticipatory bail application – Allegations of cheating, forgery, and fraud involving a substantial amount – Applicant seeks anticipatory bail in FIR No. 71/2022 – Dismissal of anticipatory bail application by Sessions Court – Interim protection granted on conditions – Complaint alleges fraudulent sale of a Farm House, with appli...
Criminal Procedure – Transfer of Sessions Trial
Petitioner seeks to set aside the order transferring Sessions Trial No. 82 of 2020 from 2nd Additional Sessions Judge, NaugachiaSubDivision, Bhagalpur, to 1st Additional Sessions Judge, Bhagalpur, under Section 407 of the Code of Criminal Procedure, 1973. [Para 1]
Notice and Earlier Orders
The petitioner argues that the...