Criminal Law – Quashing under Section 482 CrPC – Economic Offences – Bank Fraud – PC Act – One-time Settlement – Held: High Court erred in quashing FIR and chargesheet solely on settlement; grave financial fraud, fabrication of documents, loss to public exchequer, and involvement of bank manager under PC Act make quashing impermissible – Proceedings restor...
Criminal Law – Bail – Cancellation and Modification – Judicial Discipline – Finality of Orders – Appellant (accused in a murder case) sought modification of condition restricting him to city limits of Kolkata – Co-applicant sought cancellation of his bail alleging intimidation of witnesses and political interference – Court held that no breach of bail term...
Criminal Law – Prevention of Corruption – Bribe Demand and Acceptance – Accused public servant allegedly demanded ₹1500 from complainant to release subsidy amount of ₹3000 – Trap conducted by ACB – Accused caught with tainted currency – However, Demand Draft for subsidy not found tainted – Evidence showed that DD was handed over before any contact with...
Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Judicial Interference – Petition sought quashing of FIR alleging that the petitioner, as Channel Head of Zee Rajasthan, extorted money and threatened vendors with adverse news coverage – Held: Allegations in FIR prima facie disclose cognizable offences – Court cannot evaluate evidence or conduct a &ldq...
Anticipatory Bail – SC/ST Act – Matrimonial Dispute – Accused sought pre-arrest bail in a case involving alleged caste-based verbal abuse and assault of wife by husband and co-accused – Complainant had protection order under Domestic Violence Act – No prima facie material found to indicate grievous injury or fracture – Allegations under SC/ST Act held to be vagu...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Act – High Court granted bail without recording mandatory satisfaction under Section 37 – Allegation involved concealment of 731.075 kg of ganja ingeniously hidden in a lorry owned and driven by accused – Supreme Court held that such bail violates settled law requiring strict compliance with Section 37 &nda...
Criminal Law – Anticipatory Bail – Allegation of Forgery and Land Grab – Accused No. 3 sought pre-arrest protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in FIR No. 559 of 2025 registered under Sections 420, 467, 468, 471, 120B, and 34 of IPC – FIR alleged that applicant conspired to execute forged conveyance deed by altering Power of Attorney an...
NDPS Act – Possession of Heroin – Sentence Reduced – Appellant found in conscious possession of 35 grams heroin and convicted under Section 21 NDPS Act – Trial Court sentenced him to 08 months' RI and ₹20,000 fine – Appeal filed only on sentence – Held: Though appellant is involved in other NDPS cases, he has already undergone 01 month 19 days in custody, ...
Criminal Law – Quashing of FIR – Prima Facie Case – Allegation of ₹10 lakh bribe involving public servant – Cash recovered from Petitioner’s vehicle – Petitioner not named in FIR but added during investigation – Held: FIR discloses cognizable offence and prima facie material exists – Investigation at nascent stage – No grounds for quashing at...
Criminal Law – Second FIR Quashed – Abuse of Process – Appellant was prosecution witness in CBI case involving bribe to GST officials – Following his adverse deposition against university management, second FIR registered accusing him of harboring the accused – Police filed cancellation report but Magistrate took cognizance on protest petition – Supreme Court he...