Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the ...
Bail Amount Reduction – Challenging High Court's decision maintaining high surety for bail – Petitioner, a retired office clerk, unable to furnish Rs 10 lakhs surety as ordered by High Court and Additional Chief Judicial Magistrate, Prayagraj – Supreme Court finds high bail amount infringes Article 21, right to life and personal liberty – Surety reduced to Rs 25,0...
Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...
Criminal Law – Grant of Bail – Court considered the application for regular bail filed by Sanju alias Sahil Kumar in FIR No. 323/2023 under IPC Sections 307, 452, 148, 149 and Arms Act Sections 25, 27. The petitioner sought bail, emphasizing his inadvertent implication in the crime, lack of specific role or injury attributed to him, and a compromise with the complainant. [Para 1-3]
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Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensat...
Criminal Law – Appeal against Conviction- Identification of Accused – Faulty Procedure – Supreme Court examines the validity of the identification process in a criminal case, specifically addressing the impact of lack of proper identification parade. The Court scrutinizes the manner in which the appellant was identified by the key witness and the implications of the absence of a ...
Gang Rape and Aggravated Penetrative Sexual Assault - Conviction under Section 376D IPC and Section 6 POCSO Act - Appeals dismissed, conviction and sentences upheld - Accused involved in gang rape and aggravated penetrative sexual assault of a minor - Approver's testimony corroborated by forensic evidence and other witnesses, establishing charges beyond reasonable doubt - Victim's age esta...
Police Protection – Request for Personal Security – Denial –petitioners sought police protection alleging threat to their lives following a past incident of violence. The Court considered whether such continued police protection was justified. [Para 2-5, 17]
Threat Perception – Evaluation of Current Risk – The Court assessed the current threat perception ...
Conviction for Murder – Appellant Usman convicted under Section 302 IPC for murdering his wife by strangulation – Life imprisonment and fine imposed – Child witness testimony crucial [Paras 2, 8, 18, 42-46, 50]
Child Witness – Evidence of son (P.W. 2), aged 6-7, asserting that appellant killed his mother by pressing a pillow on her mouth and using a rope for strangulatio...