Criminal Law – Prevention of Corruption – Demand and Acceptance of Bribe – Appeal against conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 – Appellant, a storekeeper in the ESI Department, was accused of demanding ₹1000 as a bribe for supplying a Botex injection prescribed by NIMHANS hospital to the complainant – Prosecution relied on ...
Criminal Law – Quashing - NDPS Act - Vicarious Liability of Property Owner - The petitioner was implicated under the NDPS Act for allegedly allowing his property to be used for a drug-related event without his knowledge. The court analyzed the applicability of Section 25 of the NDPS Act, which requires conscious knowledge for the owner to be held liable. Citing precedents, the court emphasiz...
Drugs and Cosmetics Act – Quashing of Criminal Proceedings due to Delay in Drug Analysis Report – Violation of Statutory Rights – Right to Challenge the Government Analyst’s Report Nullified Due to Delay – Petitioners challenged the prosecution initiated under the Drugs and Cosmetics Act, alleging that the delay of more than 20 months in testing the drug sample depriv...
Criminal Law – Quashing of Proceedings – FIR under Section 406 IPC and Section 6 of Dowry Prohibition Act, 1961 – Complainant filed an FIR against his daughter’s former in-laws alleging non-return of 'stridhan' – Supreme Court quashed the proceedings based on the absence of evidence to prove the entrustment of property and misappropriation by the accused &ndas...
Criminal Law – Revision against Framing of Charges – High Court's Revisionary Power under Section 397 Cr.P.C. – Further Investigation Ordered by High Court Challenged – The Supreme Court considered whether the High Court could set aside a Sessions Court order framing charges and order further investigation – High Court exceeded its jurisdiction by allowing the rev...
Criminal Law - Abetment of Suicide - Extra-Marital Affair - Mens Rea - The applicants, accused of abetting the suicide of the deceased husband due to an alleged extramarital affair, sought quashing of the FIR. The court held that mere involvement in an extramarital affair does not constitute abetment under Section 306 IPC unless there is clear evidence of instigation or intentional aiding of the s...
Anticipatory Bail – SC/ST Act – Rejection of anticipatory bail by the High Court under Section 438 CrPC for offences under Sections 3(1)(r) and 3(1)(u) of the SC/ST Act – Appellant allegedly insulted and humiliated the complainant, a Scheduled Caste MLA, by publishing defamatory content on social media – Supreme Court held that Section 18 of the SC/ST Act imposes a bar on a...
Criminal Law – Suo Motu Proceedings in Supreme Court Concerning Rape and Murder of Doctor – Investigation Ordered and Guidelines Issued – The Supreme Court of India initiated suo motu proceedings regarding the alleged rape and murder of a 31-year-old postgraduate doctor at RG Kar Medical College, Kolkata. The Court addressed the lack of institutional safety for medical profession...
Criminal Law – Murder – Acquittal Challenged – Appeal by State and Complainant – State of Punjab and complainant sought conviction under Section 302 IPC against Harbhajan Singh, Kirpal Singh, Jaswant Singh, and DSP Gursewak Singh – Trial court convicted the accused under Sections 343, 325, 324, and 323 IPC but acquitted them for murder – The prosecution argued t...
Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...