Criminal Law - Acquittal - Conviction Under POCSO Act – Challenged by Appellant – Convicted for offenses under Section 5(l) r/w 5(J)(ii) r/w 6 of POCSO Act for sexually exploiting a minor under false marriage promises – Sentenced to rigorous imprisonment for ten years and a fine [Para 1].
Prosecution Case – Sexual Exploitation of Minor – Appellant, a married man wi...
Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Application against the acquittal judgment in a case involving the dishonour of a cheque under Section 138 of the Negotiable Instruments Act – The respondent was acquitted by the trial court on the grounds that he successfully rebutted the presumption under Section 139 of the NI Act – The applicant-appell...
Cheque Bounce - Petitioner's Challenge to Trial Court and ASJ's Decision – Conviction under Section 138 of the NI Act for dishonoring cheques worth Rs. 16,00,000/- in a property sale transaction – Appeals dismissed by ASJ, conviction upheld by the High Court. [Paras 4-5, 14, 24-31]
Facts and Allegations – Petitioner (Mohd Akil) alleged to have issued dishonor...
Criminal Appeal – Bail under UAPA Act – High Court's rejection of bail – Accused arrested under Explosive Substances Act and Unlawful Activities (Prevention) Act – Petitioner challenges the High Court's order denying bail – Interpretation of Section 43D(5) of the UAPA Act – Relevance of co-accused statements – Lack of overt Act of terrorism attribu...
Jurisdictional Challenge and Prayer for Quashing – Petitioner challenges the jurisdiction of the District Munsif cum Judicial Magistrate and the subsequent cognizance taken by the Special Court under the Electricity Act in the alleged electricity theft case – Seeks quashing of proceedings in Spl.C.C.No.3 of 2018 under Section 482 Cr.P.C. [Paras 5, 15-17]
Allegation of Elec...
Criminal Law - Writ - Convict Seeking Education Opportunity – Petitioner, a life convict, seeks permission to join LLB course at KMCT Law College and to complete admission process – Also requests for emergency leave to attend the college for this purpose. [Para 1]
Educational Rights of Convicts – Acknowledging reformation as a key objective of criminal jurisprudence,...
Criminal Revision - Challenge to refusal of permission to examine defense witnesses in a murder trial - Application under section 311 Cr.P.C. rejected by the trial court - Subsequent application under section 233 Cr.P.C. to produce the same witnesses as defense witnesses - Difference between sections 311 Cr.P.C. and 233(3) Cr.P.C. discussed - Court's plenary power under section 311 Cr.P.C. - A...
Jurisdiction and Justiciability – Quashing of FIR and Chargesheet by High Court – Challenge against High Court order for quashing FIR and chargesheet related to creation of fake documents by a public servant – Supreme Court considering the necessity of sanction under Section 197 Cr.PC for prosecution. [Para 2, 8]
Criminal Conspiracy and Fabrication of Documents – Allegat...
Quashing – PC Act - Tender Process and Alleged Misconduct – Petitioners, officials in port management, involved in tender process for manual dredging and sale of port sand in Kasaragod district – Alleged preferential treatment to unqualified co-operative societies – Allegations of criminal misconduct and conspiracy [Paras 2-3, 7, 22, 24-25].
Submission by Petitioners &nd...
Criminal Law – Discharge - Conspiracy and Misconduct in Granting Dredging Permits – Accused alleged of forming a criminal conspiracy in granting permits for the disposal of dredged materials from Azheekkal Port – Accused allegedly adopted different criteria for different dredgers, causing a loss of Rs.3,20,000/- to the public exchequer. [Paras 2, 28-33]
Investigation...