Criminal Law – Anticipatory Bail – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – The Gujarat High Court considered the applications for anticipatory bail under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in connection with FIR No. 11192050240041 at Sanand Police Station, Ahmedabad (Rural). The appel...
Criminal Law – Bail Cancellation – Fraud on Court and Suppression of Material Facts – petition for cancellation of bail under Section 439(2) of Cr.P.C. The petitioner argued that the respondent obtained bail by suppressing material facts and previous court orders. The court analyzed the sequence of events and the respondent's conduct, particularly the suppression of...
Negotiable Instruments Act – Dishonor of Cheque – Section 138 – High Court evaluated the legality of the conviction under Section 138 of the Negotiable Instruments Act, concerning a cheque dishonoured due to 'payment stopped by drawer'. The court scrutinized the evidence regarding the issuance of the cheque, the service of the demand notice, and the statutory presumptions...
Quashing of FIR – Supreme Court quashed the FIR against the appellants, holding the dispute to be essentially civil in nature and an abuse of criminal process. [Para 10, 14-15, 17-18]
Civil vs. Criminal Proceedings – Distinguished – Emphasized the distinction between civil disputes and criminal proceedings. Observed that a civil dispute should not be disguised as a c...
Misbranded Food Articles – Conviction under Prevention of Food Adulteration Act for selling sugar boiled confectioneries without proper labeling as per Rule 32(c) and (f) of the Prevention of Food Adulteration Rules, 1955 – Contention of non-manufacture by appellants rejected due to lack of evidence. [Paras 2, 4-5]
Legal Argument – Appellants' counsel contended that provis...
Criminal Law – Section 153-A IPC – Quashing of FIR - Background and Allegations – FIR registered against appellant, a professor, for promoting enmity under Section 153-A IPC based on his WhatsApp status about Jammu & Kashmir and Pakistan Independence Day – High Court dismissed writ petition to quash FIR. [Paras 1-2]
High Court Judgment – Upheld FIR fo...
Criminal Procedure Code – Section 311 and 482 – Summoning of Investigating Officer as Witness – Application under Section 482 Cr.P.C. dismissed – The Allahabad High Court in the case of Sanjeev Kumar And 3 Others v. State Of U.P., addressed an application under Section 482 Cr.P.C. challenging the trial court's refusal to summon the investigating officer under Section 31...
Criminal Law – Murder and Dowry Death – Appeal Against Conviction – Court examined the appeal against the conviction for the murder of the appellant's wife and related dowry death charges. The appeal challenged the findings of the High Court and trial court, focusing on the reliability of circumstantial evidence and the validity of the charges under Sections 302, 304B, and 49...
Criminal Law – Grant of Anticipatory Bail – Police Officer Misconduct –Bail Overturned – High Court's decision granting pre-arrest bail to respondent, a police officer accused of manipulating investigation and wrongful arrest in Dhanwar PS Case No. 296 of 2021, set aside – Serious allegations against the police officer necessitated careful consideration [Paras 1-2...
Quashing of FIR for Rape on False Promise to Marry - FIR and subsequent proceedings under Sections 376(2)(n) and 506 IPC were quashed due to inconsistencies and improbabilities in the complainant's allegations, demonstrating that the relationship was consensual and not based on a false promise to marry - Discrepancies noted between FIR, complainant's statement under Section 164 Cr.P....