Criminal Law – Prevention of Corruption Act, 1988 – Sanction for Prosecution – Effect of Departmental Exoneration – Held: Exoneration in departmental proceedings does not automatically lead to discharge in criminal cases, especially trap cases, due to different standards of proof; matter remitted to trial court to determine the competent sanctioning authority for the accuse...
Cybercrime – Bail Denied – Elderly Victims – Digital Arrest – Accused impersonated Cyber Police officials and placed 84-year-old couple under illegal 'digital arrest' – Extorted ₹2.02 crore between 30.04.2025 and 08.05.2025 – Petitioners received ₹45 lakh – Bail applications rejected due to gravity and corroborated financial trail – Court...
Criminal Law – Murder – Circumstantial Evidence – Benefit of Doubt – Appellants convicted under Sections 120B, 302, 364, 404 & 201 IPC for kidnapping, murdering, dismembering, and disposing of body in river – Trial court imposed concurrent life sentences – On appeal, High Court found major inconsistencies and missing links in chain of circumstantial evidence...
Juvenile Justice Act, 2015 – Section 12 – Bail to Child in Conflict with Law (CCL) – Gravity of Offence vs. Statutory Mandate – Held: While the alleged offence (RPG attack on Police Station) is grave, Section 12 mandates bail as a rule for juveniles, irrespective of the nature of the offence (bailable or non-bailable) – Bail can only be denied if there are reasonable ...
Criminal Law – Assault – Section 325 IPC – Section 324 IPC – Appellant Lalit Mahto assaulted the victim on the head with a spade causing grievous injury – Appellant Titu Mahto hit the victim on his back with the blunt side of the spade causing simple injury – Conviction under Sections 325 and 324 IPC respectively held proper – Trial court rightly acquitted...
Criminal Law – Prohibitory Order – Section 163 BNSS (erstwhile Section 144 Cr.P.C.) – Legality of ex-parte order restricting a Pontiff's entry into a district – Held: Order quashed for being disproportionate, lacking emergent justification for its ex-parte nature, and violating fundamental rights, especially when based on a prior order clarified by the Apex Court not to...
Criminal Law – Identification of Accused – Dock Identification vs. TIP – Held: Dock identification of an accused, who is a stranger to the witness, without a prior Test Identification Parade (TIP), is a weak piece of evidence. Where the complainant failed to identify the appellant in the TIP proceedings but identified him in Court after a gap of more than 3 years, such identifica...
PCPNDT Act – Cognizance only on complaint by “Appropriate Authority” – FIR under Section 154 CrPC impermissible – Complaint filed by unauthorised officer invalid – FIR and complaint quashed [Paras 9–19, 27–31].
PCPNDT Act – FIR Under Section 154 CrPC – Not Permissible – Court held that offences under PCPNDT Act are cogn...
Negotiable Instruments – Jurisdiction – Territorial jurisdiction under Section 142(2)(a) NI Act – Complaint under Section 138 is triable only in court where payee maintains the account – Explanation to Section 142(2)(a) creates legal fiction deeming cheque delivered at any branch as delivered at home branch – Held: Jurisdiction cannot be fixed at the place of cheque d...
Criminal Law – Dowry Death – Cancellation of Bail – Respondent No. 1 (husband) accused of poisoning wife within four months of marriage after dowry harassment – Post-mortem showed ante-mortem abrasion and FSL confirmed aluminium phosphide poisoning – Dying declaration made to family members disclosed forcible administration of toxic substance – Held: High Court ...