Criminal Law – Quashing of Proceedings – POCSO and IPC Charges – Applicant No. 1 accused of kidnapping and sexual offences against a minor under IPC and POCSO Act – Victim’s statements under Sections 161 and 164 CrPC indicated consensual relationship and denial of sexual intercourse – Medical examination showed no injury – Victim declared major as per medi...
Criminal Law – Murder – Acquittal – Appellants convicted under Sections 302/34 IPC and 25/27 Arms Act for alleged brutal killing of a woman – Trial court sentenced them to life imprisonment – High Court found serious discrepancies in prosecution evidence – FIR silent on gunshot injuries – Medical report shows death by gunshot, but no bullet was recovered a...
Preventive Detention – PIT NDPS Act – Habeas Corpus – Detention order and confirmation order quashed due to non-consideration of representation by State Government independent of Advisory Board opinion – Failure to apprise detenu of right to represent to Central Government – Non-consideration of bail orders vitiates detention order – Held: Detention illegal and ...
Criminal Law – Bail Application – Conspiracy and Murder – Rejection – Appellants accused of providing finance and dangerous weapons to co-accused for eliminating the deceased (Santhosh Kumar @ Kanuma) – Charged under BNS, Arms Act, and SC/ST Act – Trial court rejected bail application filed under Section 483 of BNSS – High Court affirmed the rejection, not...
Domestic Violence Act – Section 12 Application – Maintainability of Petition under Section 482 CrPC – Petitioners sought to quash D.V. Case No. 1 of 2025 filed by daughter-in-law alleging dowry demand and domestic abuse – Held: Proceedings under Chapter IV of D.V. Act are civil in nature and do not constitute criminal proceedings until breach of protection order under Secti...
Criminal Law – Quashing of FIR – Alleged Inflammatory Social Media Message – Communal Harmony – FIR registered under Sections 299 and 353(3) BNS alleging that petitioner circulated an inflammatory WhatsApp message after arrest of his brother under the Unlawful Conversion of Religion Act, 2021 – Petitioner contended that the message merely expressed resentment over bro...
Dowry Harassment and Cruelty – Accusations of dowry demands, physical and emotional abuse by the appellant and his family – FIR lodged by the wife (Respondent No. 2) listing extensive mistreatment, including physical harm and emotional torture related to dowry demands – Chargesheet filed against appellant after police investigation, while other family members were absolved in the...
Land Acquisition – Market Value Determination – Comparable Sale Evidence – Appellants challenged the compensation awarded by the Reference Court for land acquired for Gas Cracker Project – Reference Court enhanced land value from ₹1,00,000 to ₹3,00,000 per bigha but declined to accept sale instance (Exh. 47) showing ₹6,00,000 per bigha as comparable – Held: Sale...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Conviction – Revisional Jurisdiction – Petitioners convicted for dishonour of cheque amounting to Rs. 25,00,000/- issued as partial refund for unfulfilled property sale agreement – Defence pleaded coercion in obtaining the cheque and refund agreement, and denied receipt of original considerat...
Criminal Law - POCSO Act – Age Determination – Mandatory Compliance – Conviction set aside – Appellant convicted under Sections 448, 323 IPC and Sections 8, 12 of POCSO Act for alleged trespass and sexual assault on a minor girl – No school certificate, birth certificate or ossification test produced as required under Section 94 of Juvenile Justice Act – Held: A...