Quashing of Criminal Proceedings – Petition under Section 482 Cr.P.C. to quash criminal complaint No.7507 dated 13.06.2016 and subsequent proceedings – Concerns cheque dishonor under Sections 138/141/142 of the Negotiable Instruments Act, related to a real estate transaction [Paras 1, 9].
Dispute Over Payment Amount – Respondent paid ₹23,54,573/- as advance for flat registra...
Regular Bail – Grant in Case Involving Multiple Offences - Petition under Section 439 of the CrPC for regular bail in a case with multiple IPC sections – FIR for offences including attempt to murder and causing grievous hurt – Bail granted considering undertrial status and non-commencement of trial. [Paras 1, 6]
Factual Background – Assault and Injuries: Incide...
Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contrab...
Section 273 Cr.P.C Interpretation – Petitioner contends violation of Section 273 Cr.P.C due to examination of PW1 in his absence – Argues that evidence in criminal trials must be recorded in the presence of the accused unless exceptions in Sections 299 and 317 Cr.P.C apply – Relies on Atma Ram v. State of Rajasthan; (2019) 20 SCC 481 and other judgments.
Court's Analysis a...
Regular Bail - Prolonged Custody - Right to Speedy Trial - Circumstantial Evidence - Medical Reports - Fairness in Trial - Article 21 of the Constitution - Petitioner, a mother of a minor child, seeks regular bail in a murder case where she is accused of killing her husband due to an alleged illicit relationship. The prosecution's case relies on circumstantial evidence, with key witnesses not ...
Bail Petition for NDPS Act Offense - Nirmal Kaur's petition for regular bail in FIR No.177 dated 07.07.2021 under Sections 21 and 29 of the NDPS Act, 1985, registered at Police Station Division No.6, Ludhiana - Allegations of selling intoxicant powder and recovery of Alprazolam tablets and intoxicant powder from petitioner and her son [Paras 1-2].
Contention of False Implication - Petitione...
Criminal Bail – Regular Bail – Accused charged under Sections 420, 465, 467, 468, 471, and 120-B IPC – Allegation of forgery and cheating the Bank – Petitioner's claim of being a guarantor of the loan – Co-accused granted bail – Petitioner in custody since August 29, 2023 – None of the 23 prosecution witnesses examined – No significant evidence o...
Criminal Law - Arrest and Detention - Illegality and Non-Compliance with Statutory Provisions - The High Court of Bombay examined the legality of the arrest and detention of the petitioners, Chanda Deepak Kochhar and Deepak Virendra Kochhar, under the Code of Criminal Procedure (Cr.P.C.), in light of the statutory requirements of Sections 41, 41-A, and 60-A, and constitutional protections. The Cou...
Quashing of Complaint and Summoning Order – Section 482 of Cr.P.C. – Petitioners, former employees of financial institutions, sought quashing of complaint and summoning order for charges under Section 58A(10) of the Companies Act, 1956, related to non-repayment of deposits by Euro Cotspin Limited. [Para 1]
Facts and Background – Euro Cotspin Limited failed to repay d...
Petition Under Section 482 Cr.P.C. – Quashing of criminal complaint No. 489 dated 25.01.2012 filed against the petitioner involving various charges under IPC, along with the summoning order dated 20.07.2012 and revision order dated 29.10.2015 – Complaint pertains to the alleged forced eviction and theft from a shop in PGIMS, Rohtak. [Para 1]
Allegations and Response &ndash...