Criminal Law – Complaint Case – Pre-Cognizance Stage under BNSS, 2023 – Issuance of Notice to Accused – Scope of Section 223 BNSS – Two criminal petitions filed under Section 528 BNSS seeking quashing of proceedings in C.R. Case Nos. 143/2025 and 144/2025 pending before JMFC, Morigaon – Notices issued to accused prior to examination of complainants and witnesses...
Prevention of Corruption Act, 1988 – Prosecution Sanction – Refusal by Competent Authority – Subsequent Grant by Another Authority – Validity – Petitioner, Assistant Grade-II in Municipal Council, faced prosecution under Sections 7, 13(1)(b) and 13(2) PC Act – President-in-Council, being competent authority under Section 19(1) PC Act, refused sanction – St...
Anticipatory Bail – Prevention of Money Laundering – Organized Cyber Frauds – Petitioners alleged to be key operatives in third and second layers of laundering network – Large-scale layering of proceeds of crime through hundreds of mule accounts, conversion to cryptocurrency, and uploading to UAE-based PYYPL platform – ED investigation revealed deep involvement of pet...
Criminal Law – Further Investigation – Leave of Court – Mandatory Requirement – FIR registered for serious offences including gang rape – After detailed investigation, closure report filed and accepted by Judicial Magistrate after notice to informant – Supreme Court held that once a final report under Section 173(2) CrPC is accepted by the Court, further investi...
Matrimonial Law - Domestic Violence Act – Interim Maintenance – Allegation of Adultery – Revision Petition by husband challenging concurrent orders granting interim maintenance of ₹26,000/- per month to wife – Contention that wife living in adultery is not an “aggrieved person” under Section 2(a) of PWDV Act – Held: At interim stage, unproven allegations...
Criminal Law - Rape on False Promise of Marriage – Married Prosecutrix – Quashing of FIR – Allegation of repeated sexual intercourse on assurance of marriage – Prosecutrix admittedly a married woman with subsisting marriage and pending divorce proceedings – Promise of marriage, even if assumed, not legally enforceable due to statutory bar under Section 5(i) Hindu Marr...
Criminal Proceedings – Quashing under Section 482 Cr.P.C – Allegation of Voyeurism – Section 354C IPC – Ingredients of Offence Not Made Out – Private complaint alleging taking of photograph of complainant while laying clothes for drying – Sworn statement did not disclose that complainant was engaged in a “private act” or that her privacy was violated...
Criminal Law - Quashing - Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Not Negotiable Endorsement – Applicability – Petitioner sought quashing of complaint under Section 138 NI Act on ground that cheque bore "Not Negotiable" marking – Held: Endorsement “Not Negotiable” merely restricts transferee from acquiring better ti...
Criminal Law – Abetment of Suicide – Section 306 IPC – Acquittal – Appellant (husband) convicted by Trial Court for abetment of suicide and cruelty – On appeal, High Court finds absence of evidence establishing instigation, intentional aid or conspiracy as required under Sections 107 and 306 IPC – Mere allegations of harassment and abusive conduct without proof ...
Criminal Law – Discharge – Scope of Revisional Jurisdiction – Section 397 CrPC – Revision petition filed against order refusing discharge of accused in a case alleging financial fraud by office-bearers of a Co-operative Society – Held: At the stage of discharge, Court is only required to see whether a prima facie case is made out – Revisional court cannot assess...