Criminal Law - Discharge – Disproportionate Assets – Scope under Section 239 Cr.P.C. – Petitioner challenged rejection of discharge application in vigilance case alleging accumulation of assets disproportionate to known sources of income during check period 01.05.1982 to 29.12.1995 – Alleged D.A. enhanced from Rs.8,72,624/- in FIR to Rs.14,38,435/- in charge-sheet – H...
NDPS – Regular Bail – Commercial Quantity – Applicability of Section 37 – Alleged recovery of 1,37,11,610 tablets weighing 5772.584 kg (with strips) – Petitioners alleged to be part of organised chain involving manufacture, marketing and diversion of NRx medicines through licensed and fictitious firms – Held: Rigours of Section 37 NDPS Act attracted – Twin...
Criminal Law – Quashing - Section 195 Cr.P.C. – Bar to Cognizance – Offence under Section 182 IPC – Complaint must be in writing by the public servant concerned or by a public servant to whom he is administratively subordinate – Where original complaint was made to Superintendent of Police and SHO conducted inquiry – SHO not competent to initiate proceedings und...
Section 304-A IPC – Death by Negligence – Compromise – Quashing Impermissible – FIR registered regarding death of two workmen in factory accident – Petitioners sought quashing on basis of compromise with complainant and payment of compensation – Held: Offence under Section 304-A IPC is not a private dispute but a crime against society – Primary victim bein...
Homicide – Murder or Culpable Homicide – Family Dispute – Appellants and victims, being brothers, assembled to resolve dispute regarding responsibility of maintaining aged parents – Heated exchange followed by assault with household sharp implements – No prior enmity beyond property and maintenance dispute – Held, absence of premeditation and presence of sudden ...
Criminal Law – Quashing - Drugs and Cosmetics Act – Non-maintenance and manipulation of manufacturing records – Schedules M & U – Allegations of tampering, discrepancies in production, consumption and sale of Pseudoephedrine – Held: Such violations attract Section 18(a)(vi) read with Rule 74 and are punishable under Section 27(d) – Not confined merely to Sec...
Criminal Law – Murder – Circumstantial Evidence – Recovery under Section 27 Evidence Act – Deceased went missing – Ransom calls made from her mobile – Mobile sold by accused – Dead body recovered from well at accused’s disclosure – Scooty recovered at accused’s instance – Medical evidence proving homicidal death by ligature strangul...
Criminal Law – Quashing - Cheating – Commercial Transactions – Quashing of Criminal Proceedings – Managing Director of company summoned under Section 420 IPC for alleged non-payment of dues for goods supplied – Respondent had already filed civil suit for recovery which was decreed – Criminal complaint filed belatedly after three years – Held: Dispute essen...
Anticipatory Bail – SC/ST (Prevention of Atrocities) Act – Bar under Section 18 – Prima facie caste-based abuse at public place – Informant alleged that accused No.2 abused her by uttering casteist words and all accused asked her to vacate house calling her by caste name – Incident occurred at public tap within public view – Held: Ingredients of Sections 3(1)(r)...
Criminal Law – Quashing of FIR – Matrimonial Dispute – Allegations under Sections 498A, 406 IPC and Section 4 Dowry Prohibition Act – Husband sought quashing alleging FIR as counterblast to divorce petition – Court reiterated limited scope of inherent jurisdiction – At quashing stage no mini-trial permissible – Where allegations taken at face value disclos...