Murder – Criminal Conspiracy – Common Intention – Appeal Dismissed – Appellant (original Accused No.3), a SRPF personnel, convicted by the Sessions Court for murder of deceased Kishor Khatri committed on 03.11.2015 at Somthana Shivar, Akola – Deceased was taken by Accused No.2 from Balaji Mall in a Tata Safari vehicle and found dead on a kachcha road – Ocular te...
Bail – UAPA Offences – Prima Facie True Test – Section 43D(5) – Allegations of association with Babbar Khalsa International and conspiracy for targeted killings – Mobile data and disclosure statements showing connectivity with co-accused and handlers – Held: Sufficient prima facie material exists – Bail rightly declined [Paras 7, 8]
Bail – Serious...
Criminal Law – Murder – Conviction under Sections 302 and 498A IPC – Dying Declaration – Eyewitness Testimony – Conviction Upheld – Appellant-husband convicted for pouring kerosene on his wife and setting her on fire, causing 80–90% burn injuries resulting in death after three days – Trial Court acquitted the appellant on the ground that the bathroom...
Criminal Law – Section 319 CrPC – Summoning Additional Accused – Standard of Evidence – "Strong and Cogent" Standard – Complainant (PW-1) sought summoning of two additional persons, Rajendra and Mausam, as accused on the basis of alleged conspiracy – Trial Court rejected the application holding that evidence of PW-1, PW-6 and PW-7 was materially incons...
Family Law – DNA Test – Paternity – Children's Rights – Divorce Petition on Desertion – Petitioner filed HMOP No. 45 of 2019 seeking divorce under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion – During pendency, petitioner filed I.A. No. 553 of 2022 under Section 45 of the Indian Evidence Act seeking DNA testing of two children to pr...
Criminal Law – Quashing of FIR – Premature Exercise of Inherent Powers – Section 482 CrPC – Forgery and Cheating – FIR alleged criminal conspiracy by respondents-accused to grab ancestral property and misappropriate bank deposits of the complainant's father by forging his signatures on nomination documents and sale deeds – High Court quashed the FIR holding ...
Money Laundering – Challenge Show Cause Notice – Supply of Relied Upon Documents – Rule 13(2) of Adjudicating Authority (Procedure) Regulations, 2013 – Petitioners challenged show cause notice dated 25.11.2025 issued under Section 8(1) of PMLA and prayed for supply of all Relied Upon Documents (RUDs) in a bound paper book – Despite repeated requests, petitioners conte...
Default Bail – Section 167(2) Cr.P.C. – Indefeasible Right – Duty of Magistrate to Examine Applicability of Offences – The right to statutory bail is a constitutional guarantee flowing from Article 21 and becomes indefeasible once default in filing charge-sheet within the stipulated period is demonstrated – Magistrate is not expected to mechanically order detention ba...
Police Protection – Property Rights – Petitioner sought protection against trespass and obstruction by private respondents – Civil court decree granted injunction in petitioner’s favour – Respondents continued interference despite decree – Held: Police bound to ensure protection of lawful possession and prevent breach of peace [Paras 3, 16].
Title and Possess...
NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...