Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...
Criminal Law – Murder Trial – Acquittal – Appellants convicted by Trial Court for murder of victim based on eyewitness testimony of victim’s wife and recovery of firearm – Prosecution alleged that appellants came on a black motorcycle and shot the victim in front of his wife – Medical evidence confirmed bullet injuries – High Court found inconsistencies in...
Criminal Law – Robbery – Section 397 IPC – Use of Deadly Weapon – Eyewitness Identification – Recovery – Non-examination of Public Witnesses – Refusal of TIP – Convictions of all three appellants upheld; Court finds evidence cogent, recoveries credible, and roles clearly established [Paras 18–23].
Robbery – Use of Deadly Weap...
Criminal Appeal – Acquittal – Interference in Appeal Against Acquittal – Land Dispute – Credibility of Witnesses – Site Plan Contradictions – Improvements & Omissions – Reasonable View of Trial Court Not to be Disturbed – Appeal Dismissed [Paras 12–25].
Appeal Against Acquittal – Parameters for Interference – Suprem...
Criminal Trial – Murder – Identification Evidence – Dock Identification After 8½ Years – Invalid TIP – Procedural Irregularities in Video-Conference Testimony – Recovery Not Connected to the Crime – Bloodstains Not Matched – Hostile/Infirm Evidence – Held: Conviction unsustainable; prosecution failed to prove guilt beyond reasonable doub...
Criminal Law – Attempt to Murder – Section 307 IPC – Distinction in Role of Co-Accused – Appellants Vishunath and Arjun Pasi convicted under Section 307 IPC for causing injuries to Kallu – Injured deposed that Arjun Pasi fired at him with a country-made pistol causing a firearm wound in lower abdomen/pelvis, a vital part – Vishunath allegedly hit with a danda on...
NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...
Criminal Law – Quashing of Proceedings – Securities Market Fraud – Consent Order by SEBI – Not a Bar – Petitioners sought quashing of FIR alleging conspiracy in IPO scam through fraudulent demat accounts to corner retail investor quota – Alleged offences under IPC include cheating, forgery, and criminal breach of trust – Petitioners contended SEBI's co...
Criminal Law – Quashing - Cheating – Specific Performance Transaction – Dishonest Intention at Inception – Quash Rejected – Respondent No.3 alleged payment of ₹14 crores to petitioner for purchase of Jubilee Hills property based on representation that original owner would execute sale deed in her favour – Petitioner instead got property registered in name of h...
Criminal Law – Abetment of Suicide – Conviction Set Aside – Section 306 IPC – Accused convicted for abetment of suicide based on allegations of continuous mental and physical harassment – Dying declaration inconsistent and general in nature – No proximate or specific act of instigation proved – Accused not relatives and not residing with the deceased &ndas...