Criminal Procedure – Quashing of FIR – Maintainability under Section 528 BNSS – Chargesheet and Cognizance Not on Record – Application Not Maintainable – Applicant sought quashing of FIR registered under Sections 420, 467, 468, and 471 IPC without placing the chargesheet or order of cognizance on record – Held: In absence of both, the application under Section 5...
Criminal Law – Remand Extension – Illegality – Petitioners were remanded in NDPS case and their remand was extended to 300 days by Special Judge – Accused not produced physically or virtually before court on date of extension – Held: Mandatory procedural safeguard violated – Such failure is not a mere irregularity but a gross illegality violating Article 21 of t...
Criminal Law – Anticipatory Bail – Maintainability despite pending proclamation proceedings – Applicant not declared proclaimed offender at time of bail application – Held: Application maintainable – Proclamation under Section 84 BNSS initiated post-filing of bail application does not bar its consideration [Paras 95-100].
Prevention of Money Laundering &n...
Criminal Law - CrPC – MPDVPK Act – Jurisdiction – Cognizance – Magistrate's power under Section 156(3) CrPC – Offences under Section 394 IPC and Sections 11/13 MPDVPK Act being “specified offences” – Only Special Court competent to take cognizance under Section 8 of MPDVPK Act – Magistrate not empowered to direct registration of FIR for spe...
NDPS Act – Regular bail – Section 37 – Commercial quantity – Recovery of 710 kg poppy husk from vehicle – Petitioners Gurjeet Singh @ Bhura Fauji and Satguru Singh apprehended at spot – Co-accused Lali and Jagtar @ Kari @ Jagtar Singh implicated through disclosure statements – Challan filed and trial underway – Only 2 out of 34 witnesses examined and...
Criminal Law – Withdrawal of Prosecution – Permission from High Court Mandatory – Appellant, a former MLA, challenged criminal proceedings arising from FIRs under Arms Act and IPC – State had issued orders to withdraw cases citing public interest, and Public Prosecutor filed withdrawal application before trial court – Held: As per Ashwini Kumar Upadhyay v. Union of In...
Criminal Law – Anticipatory Bail – Complaint under Drugs and Cosmetics Act – Petitioner apprehending arrest in complaint for unauthorized sale of nicotine-based e-cigarettes without valid license – Prosecution opposed maintainability citing proclamation proceedings under Section 82 CrPC – Held: Petition maintainable under Section 482 BNSS as petitioner had challenged ...
Criminal Law – Anticipatory Bail – Hate Speech and Communal Provocation – Petition under Section 482 BNSS seeking anticipatory bail in FIR alleging hate-motivated and inflammatory statements against the Purvanchal community through viral online interview – Petitioner alleged to have made caste-targeted, communal and defamatory remarks against migrants from UP/Bihar and thei...
Prevention of Money Laundering Act, 2002 – Section 5 – Provisional Attachment – Limitation of 180 Days – Impact of COVID-19 Period – Orders of Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 – Applicability – Held: The limitation extensions granted in SMWP orders were intended to benefit litigants for filing suits/applications/proceedings and do ...
Criminal Law – Appeal Against Conviction - Sections 376(2), 366A IPC, and Section 6 of POCSO Act - Testimony of Child Victim – Credibility and Sufficiency – Conviction Upheld – The child victim aged about 5 years clearly narrated that the appellant lured her to his house under the pretext of giving her toffees and inserted his finger into her vagina and bit her cheeks &ndas...