Criminal Procedure – Arrest – Communication of Grounds – Mode, Timing, and Language – Arrest without written communication of grounds violative of Articles 21 and 22(1) – Arrest and remand thereby rendered illegal – Minimum requirement: Written grounds of arrest to be furnished at least two hours before production for remand – Applies to all offences inclu...
Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...
DNA Testing – Presumption of Legitimacy – Criminal Proceedings – Section 112 Evidence Act – Right to Privacy – Constitution of India – DNA test sought to prove that appellant fathered child during subsistence of marriage between Respondent No.1 and her husband Abdul Latheef – Supreme Court held: statutory presumption under Section 112 protects child’...
Criminal Revision – Charges under Sections 143, 341, 323, 336 & 307 IPC – Partial Relief – Petitioners challenged order framing charges including Section 307 IPC – Court held: prima facie case under Sections 143, 341, 323 and 336 IPC made out – However, no material showing intention or knowledge necessary for attempt to murder – Charge under Section 307 IPC ...
Criminal Law – Quashment of FIR – Section 482 CrPC – Cheating and Criminal Breach of Trust – Allegations that petitioners received ₹3.86 crore under subcontract agreement but diverted construction material and failed to complete work – Specific allegations of dishonest intention and misappropriation of funds from inception of contract found in complaint – Peti...
POCSO – Conviction – Quashed Under Article 142 – Appellant convicted under Section 366 IPC and Section 6 POCSO Act – During pendency of appeal, appellant married victim and they had a child – Victim (now wife) expressed desire to live peacefully with appellant and opposed continuation of proceedings – Complainant (victim's father) raised no objection –...
Criminal Law – Abetment of Suicide – Conviction Reversed – Appellant-husband convicted for abetting suicide of wife based on alleged cruelty and dowry demands – No specific instances of mental or physical cruelty proved – Alleged demand for sewing machine not supported by reliable evidence – Panch witness turned hostile – Held: Mere allegations of unhappin...
Maintenance – Entitlement of Major Unmarried Daughter – Christian Personal Law – Respondent No.2, a major unmarried Christian daughter, awarded maintenance by Family Court – Held: Under Section 125(1)(c) Cr.P.C., only daughters unable to maintain themselves due to physical/mental infirmity can claim maintenance after majority – No such infirmity pleaded or proved &nda...
Criminal Law – Bail – Triple Murder – Criminal Conspiracy – Denial of Bail – Appellant, brother-in-law of late Atiq Ahmad, sought bail in connection with the daylight murder of witness Umesh Pal and two police guards – Allegation that appellant financed, sheltered, and conspired with co-accused including Guddu Muslim – Co-accused statements under Section 1...
Criminal Law – Murder Trial – Triple Homicide – Acquittal – Accused Nos. 1 to 4 charged with conspiracy and murder of a family of three, including a minor – Trial Court convicted all under Sections 120-B, 109, 449, 201, 302, and 380 read with 34 IPC – On appeal, High Court found entire prosecution case based on circumstantial evidence riddled with legal and proc...