Criminal Law – Cruelty by Husband – Conviction under Section 498A IPC – Evidence of physical and mental abuse – Prosecution proved that husband repeatedly abused, assaulted, and neglected his wife – Evidence of illicit relationship and alcohol addiction corroborated by multiple witnesses including son of deceased – Complaint by deceased wife prior to suicide rev...
Criminal Law – Matrimonial Disputes – FIR Quashed – Allegations under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act made by wife against husband and in-laws – FIR lodged in response to restitution notice by husband – Allegations found to be vague, omnibus and lacking specific instances – Supreme Court held that routine matrimonial discord an...
Bail – Grant of Bail by High Court – Annulment of Bail Order – Respondents accused of offences under Sections 147, 148, 307 IPC read with Section 3(2)(va) of the SC/ST (POA) Act – Earlier bail cancelled due to misuse of liberty and murder of prime injured witness while on bail – High Court granted bail again without considering prior cancellation and supervening circu...
Criminal Law – Murder – Reversal of Acquittal – High Court reversed acquittal of five accused (A-1 to A-4 and A-10) and sentenced them to life imprisonment under Section 302 read with Section 34 IPC – Conviction based on consistent eyewitness testimony, corroborated by medical and forensic evidence, and supported by circumstantial links such as weapon recovery and sniffer d...
Criminal Law – Recalling Witness – Section 311 CrPC – High Court set aside Trial Court’s refusal and allowed examination of minor child (daughter of deceased) after 7 years of incident – Held: Discretion under Section 311 CrPC is wide but must be exercised sparingly – Evidence must be essential to just decision of case – In absence of proof of child being ...
Criminal Law – Dowry Death – Section 304B IPC – Conviction of Husband Affirmed – Appellant Vikas Kumar’s wife committed suicide within seven years of marriage – Consistent evidence from parents and corroborative suicide note established that Vikas repeatedly made dowry demands for a Santro car and ₹3–4 lakhs, tying resumption of cohabitation to fulfilmen...
Criminal Law – Quashing of FIR – Direction for Time-bound Investigation and Protection from Arrest – Legality and Justification of High Court's Order – High Court dismissed quashing petitions filed by three accused (Mohd. Arshad Khan, Sanjay Kapoor, Muhammad Zaid Khan) but simultaneously granted protection from arrest and directed investigation to be concluded within 90...
Negotiable Instruments – Cheque Dishonour – Appeal against Acquittal – Admitted Signature – Defence Unproved – Accused issued cheque for Rs.2,00,000 allegedly towards friendly loan – Cheque dishonoured for 'insufficient funds' – Accused admitted signature but claimed cheque was misused – Claimed cheque given to third party (Subramaniam), but ...
Criminal Law - Forgery – Wills – Civil Dispute Converted into Criminal Case – Criminal complaint filed alleging will dated 17.3.2015 is forged and used to claim property – Discharge sought on ground that genuineness of both wills (dated 17.3.2015 and 11.1.2017) already sub judice in civil suit filed in 2017 – FIR filed in 2019 as retaliatory measure – Held: Alle...
Criminal Law – Quashing of FIR – Civil Dispute Given Criminal Colour – Appellant, a former Director of lessee company, was implicated in FIR under Sections 406 and 420 IPC for alleged non-payment of rent and unauthorised retention of leased premises – Supreme Court held that the dispute arose from breach of lease agreement and had been subject to arbitration, where an award...