Criminal Law – Quashing of Proceedings – Parity with Co-Accused – Petitioner (Accused No.14) absconded during trial – Co-accused (Accused Nos.1-13, 15-21) tried and acquitted on 30.08.2025 – Trial Court held prosecution failed to prove conspiracy, motive, presence and recovery – Independent witnesses turned hostile – No cogent, coherent or convincing evide...
Criminal Law – Anticipatory Bail – Private Complaint – Magistrate taking cognizance and issuing summons under Section 204 Cr.P.C. for offences under Sections 406 and 420 IPC – Petitioner approached High Court seeking anticipatory bail – Supreme Court held that once summons is issued, accused is required to appear before Magistrate – Mere issuance of summons does...
Criminal Law – Quashing - Bharatiya Nyaya Sanhita, 2023 – Section 69 – Sexual Intercourse on False Promise of Marriage – Accused married man allegedly concealed marital status and induced victim through social media – Repeated sexual relations resulting in pregnancy – Allegation of deceit from inception – Held: Prima facie ingredients of Section 69 BNS dis...
Criminal Law – Quashing of FIR - Prevention of Insults to National Honour Act, 1971 – Section 2 – Essential Ingredients – Statutory provision penalizes burning, mutilating, defacing, trampling upon or otherwise showing disrespect to the National Flag in public view – Explanation 4 clarifies instances of “disrespect” including allowing the Flag to touch the...
Essential Commodities Act – Conviction under Section 7(1)(a)(ii) – Unauthorised storage of HSD Oil, Kerosene and Fertilizers – Seizure during inspection – Failure to produce licence, documents or stock registers – Prosecution proved seizure and non-compliance with Control Orders – Held: Conviction justified on evidence and statutory presumptions under Sections 1...
Sentence – Death Penalty Commuted – Life Imprisonment Without Remission Till Natural Life – Modification by Supreme Court – Appellants convicted for kidnapping, rape and murder of minor victim and destruction of evidence – Trial Court imposed death penalty – High Court commuted death sentence to life imprisonment without possibility of remission till end of natu...
Criminal Law – Civil Dispute Given Criminal Colour – Alleged Forged Gift Deed – Appellant accused of forging notarized gift deed and transferring landed property of respondent-complainant – Investigation did not send admitted signatures for expert comparison – Dispute essentially arising out of property transactions between brothers – Held: Prima facie dispute b...
Criminal Contempt – Forgery and Impersonation in Judicial Proceedings – Filing of Writ Petition and Writ Appeal in Name of Wife without her Knowledge – Attempt to Leave Country in Violation of Court Order – Apology Accepted – Respondent had instituted WP(C) No. 18665/2024 and W.A. No. 942/2024 in the name of his wife without her consent by forging her signatures on va...
Criminal Law – Murder – Conviction Based on Dying Declaration – Acquittal – Appellant convicted under Section 302 IPC for allegedly setting his wife on fire by pouring kerosene – Conviction based mainly on dying declaration recorded by police officer – High Court found serious infirmities in prosecution case – Held: Conviction unsustainable – Appella...
Criminal Law - Customs Act – Section 135(1)(b)(i) – Smuggling of Foreign Watches – Conviction – Large quantity of foreign wrist watches and straps recovered pursuant to secret information – Accused held guilty for knowingly dealing with goods liable to confiscation – Concurrent findings of Trial Court, Appellate Court and High Court affirmed – Held: No per...