Criminal Appeal – Quashing of FIR – Appellant challenges High Court's order rejecting the Writ Petition to quash FIR – Final report subsequently filed by the investigation officer stating no case against appellant – Acceptance of final report by Additional Sessions Judge – Appellant seeks relief on the basis of these developments – Appeal disposed of. [Para ...
NDPS Act – Section 42 vs Section 43 – Recovery of poppy straw from a private vehicle on a public road – High Court erred in applying Section 43 instead of Section 42 – Vehicle was not a public conveyance – Total non-compliance with Section 42 impermissible – Compliance with Section 42 mandatory for search and seizure [Paras 1-15].
Legal Interpretation –...
Criminal Appeal – Quashing of FIR – Delay in lodging FIR – Allegations of robbery, criminal intimidation, intentional insult – Appellants challenging the continuation of criminal proceedings – Whether FIR discloses essential ingredients of offences – Consideration of delay in lodging FIR – Evaluation of criminal antecedents – Abuse of process of law ...
Criminal Law – Interim Orders – "No Coercive Steps" – High Court shall not pass order of "no coercive steps" during investigation or till final report/charge-sheet is filed while dismissing/disposing of a quashing petition under Section 482 CrPC and/or Article 226 of the Constitution – Police has statutory right and duty to investigate cognizable offence...
Section 319 Cr.P.C. – Summoning Order – Discretionary Power – Power under Section 319 Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and only when strong and cogent evidence exists against the person from the evidence before the court. It is not to be exercised merely because the judge believes someone else may be guilty. The High Court erred in not conside...
NDPS Act – Charges and Sections Invoked – Appellant was charged under Sections 21, 21(c), 27A, 27(b), and 29 of the NDPS Act. The primary issue was the invocation of Section 37, which imposes stringent conditions for bail in certain offenses. However, the proper application of these sections was in question, with the appellant primarily accused of drug consumption [Paras 2, 7-8].
Co...
PC&PNDT Act – Gravity of Offense and Prima Facie Case – The PC&PNDT Act prohibits the use of prenatal diagnostic techniques for sex determination. Violations under this act are serious, non-bailable, non-compoundable, and cognizable. The charge sheet presents a prima facie case against the petitioner, involving a sting operation and the seizure of unlicensed ultrasound equipmen...
Victim Rights and Anonymity – Media Disclosure – Disclosure of a rape victim’s identity by the media violates Section 228-A IPC. No person can publish the name or any matter revealing the identity of the victim. Ensuring anonymity is crucial to protect the victim from social ostracization and discrimination [Paras 21-23].
Rehabilitation and Compensation – State Responsib...
Probation – Young Offenders – Applicability Despite Mandatory Minimum Sentence – Mandatory minimum sentences under Section 397 of IPC do not exclude the benefit of probation under the Probation of Offenders Act, 1958 – Court found that the Act's provisions could still be applied in cases where young offenders are involved, aiming at reformation and rehabilitation &...
Reversal of Acquittal – Conviction under Section 302 and 307 IPC: The acquittal of respondent no.2 by the Trial Court and High Court was overturned, leading to his conviction under Section 302 and 307 of the IPC. [Para 1]
Virtual Appearance – Health Conditions: Due to health conditions and an ongoing life sentence in another case, permission was granted for respondent no.2...