Criminal Law – Quashing of Private Complaint – Section 406, 420, 465, 468 of the IPC - Suppression of Material Facts – Multiple complaints filed with varying allegations – First complaint disclosed only a monetary transaction involving transfer of Rs.36,05,066/- and repayment of Rs.8,85,000/- – Subsequent complaints suppressed the earlier complaint and introduced impr...
Criminal Law – Bail – Illegal Detention – Applicant allegedly detained by police from 14/15.09.2025 but formal arrest shown on 17.09.2025 – Sister of applicant filed application before CJM complaining of illegal custody – Police failed to produce CCTV footage of police station despite repeated judicial directions – Held: Detention of applicant prior to formal ar...
Preventive Detention – Subjective Satisfaction – Likelihood of Bail – Non-Application of Mind – Detention order passed on ground that petitioner was taking steps to secure bail for detenu and that in a similar case bail had been granted by High Court – Statement produced to show steps for bail was unsigned and undated – No material to establish likelihood of imm...
Prevention of Corruption Act – Jurisdiction of State ACB Over Central Government Employees – Sections 17 and 22 of PC Act read with Section 156 of Cr.P.C. – SLP Dismissed – Whether State ACB is authorised to register and investigate PC Act offences against Central Government employees and whether a chargesheet filed without CBI's consent is valid – High Court held...
Criminal Law – Murder of Minor Child – Conviction Based on Circumstantial Evidence – Trial Court convicted accused under Sections 302 and 201 IPC for allegedly murdering a 4½-year-old boy after administering liquor and abandoning him in a marshy land – Prosecution relied mainly on the circumstance that the child was last seen entering the verandah of the accused&rsqu...
Criminal Procedure – Quashing of FIR – Allegation of Multiple FIRs – Petition under Section 528 BNSS read with Article 227 of the Constitution seeking quashing of FIR registered at Kohima North Police Station on ground that earlier FIR on same transaction had already been registered at Hare Street Police Station, Kolkata – Petitioners contended that continuation of second F...
Constitution of India – Article 32 – Right to Speedy Justice – Petition by victim’s legal heir alleging prolonged delay in pronouncement of judgment in criminal revisions pending before High Court – Judgment reserved in revisions since 05.02.2020 but not pronounced – Consequential stay stalled trial arising out of murder case of 1994 – Held: Although Supre...
Criminal Law – Private Complaint – Return of Complaint – Postal Address of Accused – Complaint alleging cyber defamation and online harassment returned by Magistrate for non-furnishing of accused’s postal address – Held: BNSS does not mandate furnishing of postal address as condition precedent for entertaining complaint – Complaint may be filed even agains...
Criminal Law – Acid Attack – Double Death – Conviction under Sections 304, 326-A and 452 IPC – Appellant poured sulphuric acid on mother and daughter-in-law at 2:00 AM causing extensive ante-mortem deep burn injuries – Both victims died due to septicaemic shock resulting from acid burns – Ocular testimony of P.W.-1 and P.W.-2 found natural and trustworthy &ndash...
Criminal Revision – Quashing of Proceedings – Alleged Forgery of Vouchers and Cheques in R&D Project – Charge-sheet based on disputed handwriting and encashment of cheques – Handwriting expert repeatedly opined inability to fix authorship of disputed writings qua petitioner – Witnesses admitted handing over withdrawn amounts to another person (Debashis Shome) &nda...