Criminal Law – Quashing of FIR – Civil Dispute Allegedly Converted into Criminal Case – FIR Discloses Prima Facie Cognizable Offences – Petition Dismissed – Petitioner approached for quashing of FIR under Sections 451, 504, and 34 IPC alleging false implication in a dispute over car repair charges – Held: FIR allegations show petitioner, along with co-accused, f...
Criminal Law – Quashing - Rape – Consent obtained on false promise of marriage – Applicant sought quashing of charge-sheet under Section 376 IPC on ground that relationship with victim was consensual and based on mutual love – FIR alleged repeated sexual acts on assurance of marriage by applicant and his family’s approval – Victim’s statements under Sectio...
Criminal Law – Bail – MCOCA and UAPA - Prolonged Incarceration – Constitutional Rights – Terror Case – Appellant accused of providing shelter to co-accused in 13/7 Mumbai bomb blasts – In custody for over 13.5 years – Trial commenced in 2021, only 167 out of 400 witnesses examined in over 4.5 years – Court held that indefinite pre-trial detention vio...
Criminal Law – Cheque Dishonour – Appeal Against Acquittal – Appellant/complainant alleged supply of export garments worth ₹24.20 lakhs to accused partnership firm – Two cheques (₹2,37,785/- total) issued by accused were dishonoured for insufficient funds – Trial Court convicted all three accused under Section 138 NI Act – Lower Appellate Court acquitted acc...
Criminal Procedure – Section 482 CrPC – Inherent Powers – Witness Examination via Video Conferencing – Material witness (PW-46), a 79-year-old foreign national with health issues and threats to safety, sought to be examined by CBI through video conferencing – Trial Court rejected plea citing VC Rules and risk to secrecy under Official Secrets Act – Held: Section...
Criminal Law – Quashing - Defamation – News Broadcast – Section 499 IPC – Criminal Intent – Mens Rea – Debate telecast on “Times Now” dated 19.02.2016 hosted by Arnab Goswami described respondent as “Gunda Lawyer”, “Hooligan” and “Rogue Lawyer” – Complaint alleged imputations harmed reputation – Held: O...
Negotiable Instruments Act – Section 138 – Adjustment of Payment – Convict sought adjustment of ₹33,10,000 recovered by complainant in civil execution proceedings towards compensation of ₹1.5 crore imposed in criminal proceedings under Section 138 NI Act. Held: Section 357(5) CrPC permits adjustment of compensation paid or recovered in one proceeding against another relating ...
Criminal Law – Investigation under Section 156(3) CrPC – Magistrate’s Power – Validity of referral for police investigation – JMFC referred private complaint alleging forgery of E-Stamp and Rent Agreement for police investigation – High Court quashed the referral on the ground of non-application of mind and irregular order – Held: JMFC’s referral was...
Criminal Law – Murder – Acquittal – Appeal by State against acquittal of accused under Section 302/34 IPC for alleged murder of Vijay Kumar by head injury inflicted during a drunken altercation over unpaid debt – Prosecution relied on oral dying declarations made to family members – Medical evidence (PW2, PW3, PW6) confirmed deceased had 276.79 mg% blood alcohol and w...
Criminal Law – Corruption – Discharge – Prevention of Corruption Act – Accused public servants (Chairman and General Manager, HLL Lifecare Ltd.) alleged to have entered into criminal conspiracy with private party (M/s Rama Shipping Services) in awarding contract for export of iron ore – Advance of ₹2 crore released without bank guarantee, contrary to earlier agreeme...