Criminal Conspiracy – Section 120B IPC – Insufficient Proof of Conspiracy – The trial court convicted the appellants under Section 120B IPC for criminal conspiracy to wage war against the Government of India – The High Court set aside the conviction, holding that the prosecution failed to establish sufficient independent evidence proving a conspiracy beyond the accused'...
Criminal Law – Murder Conviction – Partial Acquittal – Two separate criminal appeals were heard together – Appellants accused of killing two victims, Brij Bihari Prasad, a legislator, and his bodyguard, at IGIMS hospital, Patna – Trial court had convicted the appellants for offences under Sections 302 and 307 IPC – High Court acquitted several accused, finding i...
Murder – Conspiracy and Common Intention – Section 302 read with 120B IPC – Conviction Affirmed – The appellants were convicted for the murder of the deceased, Ramchandra Jha, based on the testimonies of eyewitnesses (P.W.-1 and P.W.-6), who identified the appellants as the perpetrators – The court upheld the conviction, noting the clear role each appellant played in ...
Negligence – Bank Liability – Cheque Forgery – The first appellate court found the bank negligent for clearing cheques with forged signatures of the plaintiff's Managing Director without proper verification – The trial court dismissed the suit for insufficient evidence, but the appellate court reversed this, holding the bank responsible for negligence in comparing the s...
Criminal Law – Attempt to Rape – Acquittal – Appellant was convicted for attempting to rape the prosecutrix (PW-1) and sentenced to 10 years R.I. by the trial court – On appeal, the High Court found contradictions regarding the date of the incident, with different dates (18th, 20th, and 21st June 2022) mentioned in the prosecutrix’s statement, FIR, and MLC – FIR...
Criminal Law – Unlawful Assembly – Murder Conviction – Appellants were convicted under Sections 147, 148, 302 read with Section 149 IPC for their involvement in the unlawful assembly that caused the death of Bisu @ Biswanath – Prosecution witnesses (P.W.1, P.W.2, P.W.9) gave inconsistent testimonies about the specific role of the appellants in the attack – Held: Convi...
Bail Application – Non-compliance with Section 50 of the NDPS Act – Denial of Bail - Petitioner sought bail on grounds of non-compliance with Section 50 of the NDPS Act, claiming he was not informed of his right to be searched in the presence of a Gazetted Officer or Magistrate – Held: The petitioner was served with a notice informing him of his right, and he explicitly refused t...
Criminal Law – Bail – Section 439 Cr.P.C. – Petitioner sought regular bail for being falsely implicated in the offense of possessing stolen mobile phones – Prosecution alleged that the petitioner was caught near an electricity pole with stolen mobile phones based on a secret informer’s tip – Held: The petitioner has been in custody for over 4 months, and no furt...
Criminal Law – Cheating and Forgery – Quashing of Criminal Proceedings – The appellants, accused of cheating and forgery in a loan fraud involving forged mortgage documents submitted to a bank, sought to quash the proceedings after a settlement was reached – High Court dismissed the plea, citing that the offenses affected public interest, and could not be quashed due to a p...
Non-Lodging of FIR – Remedy Available under Section 156(3) CrPC – Writ of Mandamus Denied
The petitioner filed a writ petition seeking a mandamus to compel the police to lodge an FIR regarding a complaint dated 25.09.2024, as no action had been taken by the authorities. The court referred to the judgment in Lalita Kumari vs. Government of U.P., which emphasizes the duty of the polic...