Criminal Procedure – Direction to File Challan – Trial Court’s Power – Section 193 and 319 Cr.P.C. – Trial Court while convicting co-accused in FIR No. 381 of 2010 directed the Home Secretary and D.G., CID Vigilance to file challan against DSP Veer Singh and three constables within two months – Held: Such directions could not be issued post-trial without recours...
Criminal Law – Murder – Appeal Against Conviction – Acquittal - First Information Report (FIR) – Omission of Accused’s Name – informant (PW-1) lodged the FIR based on immediate information provided by the eyewitness (PW-2). The FIR stated the assailants were "two unknown masked persons" and did not name the Appellant, who was well-known to the eyewitne...
Criminal Law – Murder – Eyewitness Testimony – Acquittal Upheld – Sole eyewitness was the mother of deceased who claimed to have witnessed the incident from close proximity – Trial Court disbelieved her version due to inconsistencies, absence of prompt statement, and lack of corroboration – High Court found no illegality or perversity in Trial Court’s reas...
Criminal Law – Maintainability of Second Application under Section 482 CrPC – Earlier application challenging summoning order and entire proceedings was withdrawn to pursue remedy of discharge – Trial Court dismissed discharge application as not maintainable in complaint case – Held: Second application maintainable due to change in circumstances – First application no...
Anticipatory Bail – Sexual Offences Against Minor – Repeated Assault and Blackmail – Custodial Interrogation Required – Application Rejected – FIR alleged repeated sexual assault of a minor girl between 2023–2025, facilitated by threats using secretly recorded videos and conspiracy with a co-accused – FIR supported by CDR data, municipal records, and victi...
Criminal Law – Section 498A IPC – Applicability to Void Marriages and Live-In Relationships – Petitioner contended that Respondent No. 2 could not claim protection under Section 498A as the marriage was void owing to his subsisting marriage with another woman – Held: Section 498A covers not only legally valid marriages but also void or voidable marriages and relationships i...
PIL- Police Misconduct – Misbehaviour with Lawyers – Incident of SHO manhandling a practicing advocate inside police station in presence of his wife, also an advocate – Victim was a prosecutrix in a rape case – Video of incident taken on record – Court holds incident as serious breach of conduct and dignity of legal profession – Commissioner of Police appears in...
Criminal Law – Rape of Minor – Conviction Upheld – Appellant convicted under Section 376 IPC for raping a 14-year-old girl in her bathroom during early hours of the morning – Testimony of prosecutrix consistent and corroborated by medical and forensic evidence – Birth records and witness statements proved she was below 16 years – Held: Conviction sustainable as ...
Juvenile Justice – Habeas Corpus – Illegal Detention – Petitioner No. 1, arrested for murder under Section 302 IPC, was in judicial custody since 2017 – During trial in 2024, he raised a claim of juvenility and produced a scholar register showing his date of birth as 13.12.2002 – The trial court failed to determine his age as required under Section 9(2) of JJ Act and ...
Bail – Gangster Act – Second Bail Application – Rejection for Lack of New Grounds – Applicant sought bail under Section 2/3 of the Gangster Act after rejection of earlier application – Criminal history of 11 cases spanning from 2013 to 2023 including prior Gangster Act charges – No new grounds urged beyond continued incarceration and parity with co-accused &ndas...