Criminal Law - MPID Act – Attached Property – Release in Favour of Owner – No Statutory Provision – Appellant, accused No. 59 in NSEL-related MPID Special Case, sought release of his property attached under the MPID Act, offering to deposit the differential amount up to the reserve/bid price of Rs. 48 lakhs – Held: The MPID Act contains no provision for release of pro...
Criminal Law – Dowry Death – Section 498A IPC – Acquittal of Father-in-Law – Deceased sustained 55% burn injuries within nine months of marriage – Sessions Court convicted husband, father-in-law and mother-in-law under Sections 498A and 302 r/w 34 IPC – High Court acquitted all three accused under Section 302 IPC, upheld conviction under Section 498A, and reduce...
Railway Claims – Untoward Incident – Accidental Fall from Running Train – Sections 123(c) and 124-A, Railways Act, 1989 – Deceased purchased a valid journey ticket on 07.02.2018 for travel from Garhi Harsaru to Hathras Junction – On 08.02.2018, after alighting at Aligarh for change of train, he boarded Train No. 54462 (Bareilly-Bandikui Passenger) and fell from the ru...
Sexual Harassment — Section 354-A IPC — Quashing of FIR — Use of Abusive Language in Workplace Email — FIR registered against petitioner (Director of a company) for allegedly using the expression 'f*** off' in an email exchange with the complainant (Business Manager) during a dispute over medical leave — FIR lodged after more than four months of the incident, ...
Bail – SC/ST (POA) Act – Prima Facie Case – Absence of Appellant at Scene of Offence – The de facto complainant alleged that a group of 12 to 15 persons waylaid and assaulted him and abused him in the name of his caste, and that one of the group members instructed another to call "Sameer" over phone – The appellant/accused was not present at the spot; the co...
Criminal Law – Rape – Promise of Marriage – Quashment of Proceedings – Appellant charged under Sections 376(2)(n), 377 and 506 IPC on allegations that he established physical relationship with complainant under false promise of marriage – Both parties were previously married; complainant had posted matrimonial advertisement even before her divorce was finalised &ndash...
Essential Commodities Act, 1955 — Sections 3 and 7 — Conviction Set Aside — Acquittal — Appellant (in-charge of wheat procurement centre of U.P. Food Corporation) convicted by Special Judge for storing 12 quintals of excess wheat allegedly for illegal purposes — On appeal, High Court finds that prosecution failed to refer to any control order allegedly violated by the...
Criminal Law - Unlawful Assembly — Section 149 IPC — Inapplicability upon Acquittal of Co-Accused — Minimum Membership of Five Persons — Seven persons named in FIR and charge-sheeted for offences under Sections 147, 307/149 and 379 IPC — One accused died during trial — Four accused acquitted of all charges — Two appellants acquitted of charges under Sectio...
Contempt of Court — Special Appeal — Maintainability — Chapter VIII Rule 5, Allahabad High Court Rules, 1952 — Section 19, Contempt of Courts Act, 1971 — The appellant challenged an order of the Single Judge disposing of a contempt application on the ground that proceedings under Section 379 BNSS (formerly Section 340 CrPC) were already pending before the trial court ...
Quashing of Charge Sheet – Matrimonial Offences – Section 498A/406/34 IPC – Omnibus Charge Sheet – The third petitioner (wife of the private opposite party) had lodged a prior complaint on 16.01.2023 apprehending false implication — as a counterblast, the private opposite party (wife) lodged complaint on 20.01.2024 leading to registration of Survey Park PS Case No. 18...