Criminal Procedure – Complaint under Section 200 of CrPC – Dismissal of Complaint – The Supreme Court analyzed the validity of the dismissal of a complaint filed under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) in a dispute involving land and allegations of trespass and threats by officers of the Special Armed Forces (SAF). [Para 1-4, 11-12]
Criminal ...
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehab...
Factual Allegations – Alleged house trespass and looting by appellants (husband and wife), resulting in FIR under Sections 448, 454, and 380 IPC. Accusations involve locking a tenant's shop, looting various items including wheat, sale money, and a two-wheeler. [Para 3]
Appellants' Submissions – Challenging FIR’s legitimacy, asserting property ownership, and highlightin...
Applications before the Judicial Magistrate seeking a Hindi translation of the charge sheet - rejected the applications - respondents were educated and could understand English - High Court held that the respondents were entitled to a translation of the charge sheet into Hindi, the official language of the State's Criminal Courts. [Para 2-5, Pages 1-3]
Language of Charge Sheet - there is no...
Writ Petition under Article 32 – Petitioner serving life sentence seeks premature release after 24 years of actual imprisonment without remission or parole – Writ petition filed under Article 32 of the Indian Constitution. Conviction Background – Petitioner convicted for triple murder, including two police personnel – Conviction affirmed by High Court in 2005 – Applic...
Criminal Procedure – Passport Impounding – Jurisdiction of Police and Passport Authority – The power to impound a passport lies with the Passport Authority under the Passports Act, 1967, and not with the police. Even if the police seize a passport under Section 102 of Cr.P.C., they cannot withhold it and must forward it to the Passport Authority for their decision on impounding. ...
Criminal Procedure Code, 1973 - Section 200, 202(1), 203 - Indian Penal Code, 1860 - Sections 323, 342, 500, 504, 506, 295-A, 298, 427 - Dismissal of Complaint without Proper Inquiry - Remand by High Court for Section 202(1) Inquiry - Validity. (Para 4-5)
The learned Magistrate dismissed the complaint under Section 203 of the Cr.P.C. without conducting a proper inquiry mandated by Section 202(1...
Criminal Law – Attempt to Murder – Conviction and Sentence – Appellants used deadly weapons, inflicting grievous injuries on the vital parts of the victims' bodies – Stab injuries on stomach and near the chest warranted conviction under Section 307 IPC – Conviction upheld as per evidentiary value of injured eye-witnesses and nature of injuries [Paras 2-4].
Evid...
Criminal Law – Quashing of FIR – Specific role attributed to the accused in the FIR – High Court exceeded its jurisdiction under Section 482 CrPC by quashing the FIR without considering the allegations properly – Reliance on draft charge-sheet which was not yet submitted to the Magistrate was inappropriate – High Court's order set aside [Paras 20-21, 23].
Draft...