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 - Confiscation of Vehicle – Lack of Hearing Opportunity – The petitioner, the owner of the confiscated vehicle, challenged the SDM's confiscation order, asserting that he was not granted a reasonable opportunity to be heard, as required by Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 – Held: The SDM failed to comply with the statut...
Discharge Petition – Prima Facie Case – Sections 420 and 120B IPC – Charges Framed – The petitioners sought discharge from charges relating to financial irregularities and fraudulent loan disbursals under criminal conspiracy. The court held that prima facie evidence showed the petitioners' involvement as members of the Gram Sewa Sehkari Sabha Samiti. – Held: The t...
Criminal Law – Murder Conviction – Intentional Killing – Appellant convicted under Section 302 IPC for killing the deceased with an axe – Prosecution’s case was based on the eyewitness testimonies of P.W.1 (wife of the deceased) and P.W.2 (son of the deceased) – Held: The appellant, after an initial altercation, went to his house, returned with an axe, and infli...
Criminal Law – Murder – Circumstantial Evidence – The appellant was convicted for the murder of his neighbor following an altercation over a disputed will – The prosecution relied on circumstantial evidence and a dying declaration made by the deceased – The trial court convicted the appellant, despite acquitting the co-accused on the same evidence – Held: The co...
Criminal Law – Quashing of FIR – Allegations of Rape – Petitioners sought quashment of the FIR and charge sheet on the grounds that the prosecutrix is a consenting adult and the case has been amicably settled – Held: Offenses under Section 376 IPC (rape) are serious in nature and cannot be quashed on the basis of compromise, as they have a profound impact on society –...
Criminal Procedure – Condonation of Delay – Filing of Criminal Appeals – Delay of 390 days in filing Appeals under Section 21(5) of the National Investigation Agency (NIA) Act, 2008 – Petition by appellant/accused No. 2 seeking condonation of delay in filing the Appeals – Delay caused in filing the Criminal Appeals against orders dated 27.02.2023 passed by the Special...
Criminal Procedure – Discharge Application – Rejection – Accused, Gurendra @ Golu, sought discharge on the grounds of alibi, claiming presence at the High Court Photo Identification Centre, Allahabad, on the day of the incident – Trial court rejected the discharge application, which was challenged through revision – Held: Trial court’s decision was justified as ...
Criminal Law - Cruelty and Abetment of Suicide – Section 498A and 306 IPC – Conviction Set-aside - The appellants were convicted of harassing the deceased (Amrita Hazra) and abetting her suicide by administering poison – Held: The sister-in-law and her husband (appellants in CRA No. 17 of 2023) were visitors to the matrimonial home with no proven role in the alleged cruelty...