Criminal Law – Dacoity with Murder – Minimum Number of Participants – Conviction Under Section 396 IPC – Illegal When Fewer Than Five Accused Found Guilty Without Finding of Others’ Participation – Conviction Set Aside – Trial court convicted four out of six accused under Section 396 IPC while acquitting two others without recording any finding that five o...
Criminal Law – SC/ST (Prevention of Atrocities) Act, 1989 – Anticipatory Bail – Bar under Section 18 – Applicability to Accused Added under Section 319 CrPC – Jurisdiction of High Court – Respondent added as accused under Section 319 CrPC in case involving offence punishable under Section 3(2)(v) of the 1989 Act – High Court granted anticipatory ...
Section 528 BNSS - Right to Travel Abroad – Article 21 of Constitution – Permission to Study Overseas Granted – The petitioner, a 21-year-old student, sought permission to go abroad for higher studies in Germany but was denied by the trial court on apprehension of absconding – Held: Right to travel abroad is an integral facet of personal liberty under Article 21 – Cou...
Cognizance – Closure report – Magistrate relying on complainant’s statement and affidavit – Error in law – Matter should have been treated as complaint under s.190(1)(a) CrPC – Impugned order set aside; liberty to proceed under Chapter XV CrPC [Paras 12-16, 23-24].
Cognizance – Scope of Magistrate’s power – Magistrate not bound by investigat...
Criminal Law – Rape – Sentencing – Reduction Below Minimum Without Special Reasons – Held: High Court Erred in Reducing Sentence Without Recording Adequate and Special Reasons as Mandated Under Section 376 IPC – Sentence Enhanced – Trial court convicted respondent under Sections 366 and 376 IPC and sentenced him to 3 and 7 years RI respectively – High Cour...
Criminal Procedure – Right to Speedy Trial – Delay of Over Two Decades – Chargesheet Filed in 1991, Trial Not Commenced Till 2008 – Appellant Faced Investigation and Prosecution for Over 21 Years – Held: Violation of Fundamental Right Under Article 21 – Proceedings Quashed – FIR lodged in 1987, chargesheet filed in 1991 – Appellant facing prosecution...
NDPS Act – Suspension of Sentence – Section 389 CrPC / Section 430 BNSS – Commercial Quantity – Appellant convicted for possession of 25.086 kg ganja and sentenced to RI for 10 years with fine of ₹1,00,000 – Application for suspension of sentence during pendency of appeal – Held: Recovery of commercial quantity attracts rigour of Section 37 NDPS Act – Gr...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Cloaked as Criminal Offence – Sections 406, 420 IPC – Quashment Allowed – Petitioners (OYO and its Directors) challenged proceedings initiated by the complainant alleging cheating, breach of trust and conspiracy regarding hotel management agreements – The dispute pertained to contractual breaches, revenue...
Criminal Law – Discharge – Scope under Sections 438 & 442 BNSS (Corresponding to Sections 227–228 CrPC) – Revision against rejection of discharge – Petitioner/Accused No.11 sought discharge on the ground that his name did not appear in FIR or witness statements and that the only material against him was the confession of Accused No.4 before police – Held: At...
Criminal Law – Public Servant – Sanction for Prosecution – Appellant, a government officer, took action against a medical shop under Drugs and Cosmetics Act – Complaint later filed against him by shop owner alleging forgery and corruption – Held: Actions taken were in discharge of official duties – No cognizance could have been taken without prior sanction under...