Criminal Law – Food Adulteration – Misbranding – Reversal of Conviction – Accused prosecuted for selling misbranded soy sauce bottles lacking batch number and vegetarian symbol – Convicted by Trial Court under Section 16(1)(a)(i) PFA Act and sentenced to six months' simple imprisonment – First Appellate Court acquitted the accused – Held: Appellate Cou...
Prevention of Corruption Act – Demand of Bribe – Sine Qua Non – Proof of specific, clear and unequivocal demand of illegal gratification is foundational requirement for offences under Sections 7 and 13(1)(d) of the Act – Mere suspicion, insinuation or ambiguous conversation insufficient – Demand must be proved beyond reasonable doubt by cogent evidence [Paras 25, 44&n...
Criminal Law – Section 319 CrPC – Summoning of Additional Accused – Repeated Applications – Judicial Discipline – Revisionists, though named in FIR, were exculpated during investigation and not charge-sheeted – Multiple applications for summoning under Section 319 CrPC rejected at different stages including cognizance stage and after committal – Subsequent...
Criminal Law - Anticipatory Bail – Corruption by Police Officials – Application Dismissed – Accused Head Constable alleged to have demanded ₹1,00,000/- (settled at ₹60,000/-) from complainant under threat of false implication – ₹20,000/- allegedly received earlier, and balance ₹40,000/- received by co-accused HC Manoj during trap, who fled with money – Call re...
Criminal Law – Quashing of FIR – Insecticides Act – FIR filed for stocking and intention to sell banned insecticide “Fhorate” – Charge-sheet included multiple offences under IPC, Insecticides Act, Rules, and Environmental Protection Act – Applicant contended that stock was not for sale and procedure under Sections 21 and 22 of Insecticides Act not followed...
Matrimonial Law - Maintenance – Suppression of Material Facts – Domestic Violence Proceedings – Overlapping Jurisdiction – Family Court dismissed wife’s maintenance petition solely on the ground that she suppressed the fact of receiving interim maintenance under the DV Act – High Court held that mere non-production of interim maintenance order cannot result in o...
Criminal Law – Quashing of FIR and Charge Sheet – Section 195 Cr.P.C. – Proceedings Without Court’s Concurrence Illegal – FIR registered by CBI against petitioner A.G. Ponmanickavel, a former IGP of Idol Wing and Court-appointed Special Officer, based on complaints by R2 (Kader Batcha), who himself was accused in prior idol theft cases – Allegations pertai...
POCSO – Child Rape – Conviction Upheld – Appellant convicted for aggravated penetrative sexual assault on 9-year-old neighbour – Victim’s consistent testimony supported by parents’ depositions – Delay in FIR explained as due to absence of father and social stigma – Medical report noting possibility of penetration and absence of hymen corroborated &nd...
Criminal Law – Magistrate’s Direction to Register FIR – Revision – The revisionists challenged the order of the Additional Chief Judicial Magistrate, Hathras directing the police to register an FIR under Section 156(3) CrPC – High Court held that such an order is interlocutory in nature and not open to revision at the instance of a person against whom neither cognizan...
Criminal Law – Quashing of Proceedings – Dowry Harassment – In-laws – Appellants (parents-in-law of complainant) sought quashing of proceedings initiated under Sections 498A, 323, 504 IPC and Sections 3 and 4 of the DP Act – FIR and charge sheet contained vague and omnibus allegations without specifying acts of cruelty or dowry demand by appellants – Supreme Cou...