Criminal Law - Quashing of FIR – Statement of Co-Accused – Not Grounds for Quashing at Initial Stage – Petition Dismissed – FIR against petitioner was based on statement of a co-accused regarding illegal liquor transport – Court held that though such statements are inadmissible at trial, they can form basis for initiating investigation – Held: At FIR stage, admi...
Criminal Law – NI Act – Territorial Jurisdiction – Rejection of Complaint Reversed – Post-Dasharath Jurisdiction Clarified – Trial Court rejected complaint on grounds that the cheque dishonour occurred outside its territorial jurisdiction – High Court held complaint maintainable since accused had appeared and pleaded “not guilty” before Dasharath Roo...
Criminal Law - Transition to BNSS – Interpretation of Section 531 – Date of Incident and FIR Crucial – Applications Maintainable Under CrPC Even If Filed After 01.07.2024 - High Court held that where the offence was committed and FIR registered prior to 01.07.2024, petitions filed under CrPC post this date are maintainable – Legislative intent and ejusdem generis rule suppo...
Criminal Law – Quashing - Prevention of Corruption Act – Disproportionate Assets – Quashing Set Aside – Prima Facie Case Found – Respondent charged for possessing assets disproportionate to known sources of income (Rs. 26.88 lakhs) during 2001–2008 – Discharge and revision applications dismissed on merits – Supreme Court held quashing petition under ...
Anticipatory Bail – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Alleged Caste Slur Not in Public View – Bail Granted – FIR alleged that the appellant insulted the complainant with caste-based remarks and orchestrated an abduction conspiracy – Supreme Court noted absence of public view element necessary to invoke SC/ST Act provisions ...
Criminal Law - Prevention of Corruption – Requirement of Sanction for Prosecution – Cognizance Without Sanction Invalid – The applicant was accused of demanding and accepting a bribe through a co-accused, leading to his prosecution under the Prevention of Corruption Act, 1988 – The competent authority denied sanction twice, yet the chargesheet was filed, and cognizance was ...
Criminal Law – NI Act - Dishonour of Cheque – Conviction Confirmed – No Violation of Fair Trial – Trial Court Acted Within Discretion – Petitioner accused of issuing a cheque for ₹6,00,000 which was dishonoured due to insufficient funds – Court held that accused failed to cross-examine witnesses, ignored repeated opportunities including chance to lead defenc...
Criminal Law - POCSO Conviction – Inappropriate Touching in Tuition Class – Acquittal on Appeal – Contradictions in Victim’s Testimony – Trial Court convicted appellant under Sections 9(m) and 10 POCSO – High Court found key inconsistencies between victim’s statement, complaint, and testimonies of her parents – Held: Material contradictions and absen...
Criminal Law - Dowry Death – Suicide by Drowning – Acquittal Upheld – No Evidence of Instigation – Appeal Dismissed – Trial Court acquitted husband and in-laws of the deceased citing lack of cogent evidence of abetment or cruelty – Deceased Leelaben was living separately with husband – Medical and witness testimony failed to establish mental or physical cr...
Criminal Proceedings – Alleged Damage to Gram Sabha Property – Quashing of Proceedings – The applicants were alleged to have damaged a public drain built by the Gram Pradhan – Court held that such allegations do not constitute an offence under the PDPP Act unless committed during riot or public commotion – Found that proper remedy lies under the U.P. Revenue Code, not...
