Criminal Law – Anticipatory Bail – Forgery and Fraud – The High Court considered an anticipatory bail application by an accused (accused No. 3) in a case involving alleged forgery of documents, fraudulent land transactions, and tampering with revenue records (7/12 extracts) related to ancestral land. The transactions in question dated back to 2003-2011, while the FIR was lodged i...
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...
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 – SECTION 482 CrPC – QUASHING – ABUSE OF PROCESS – SECOND COMPLAINT ON SAME FACTS – Held: Filing a private complaint under Section 200 CrPC by the same informant against the same accused regarding the same occurrence, after a negative final report had already been submitted and accepted by the court, amounts to a gross abuse of the process of law. The com...
Criminal Law – Murder – Acquittal – Appellants convicted for murder and other offences based on evidence of injured witnesses (P.W.1, P.W.2) and others – Trial Court sentenced A1 under Section 302 IPC and A3 to A5 under 302 r/w 149 IPC – On appeal, High Court found inconsistencies in time of occurrence, contradictions in medical and eyewitness testimonies, and suppres...
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...
Prevention of Corruption Act – Demand and Acceptance – Trap Case – Acquittal Upheld – Accused government servant alleged to have demanded ₹2000 as bribe for effecting mutation entry – Complainant approached ACB, trap laid, and accused caught with tainted money – Trial court acquitted the accused on ground that demand was not proved – Held: Mere inquiry &...
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 – Rash and Negligent Driving – Sections 279 & 304A IPC – Accused convicted for causing death of a pillion rider by driving autorickshaw rashly and negligently – Courts below relied on consistent testimonies of eyewitnesses (PWs 1, 3, 4), spot sketch (Ex.P11), inquest and post-mortem reports – Held: Conviction based on credible evidence – Defence...
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...