Criminal Law – Quashing of FIR – General and Omnibus Allegations: The Supreme Court held that in the absence of any specific role attributed to the accused-appellants, it would be unjust to subject them to trial. General and omnibus allegations without specificity do not warrant prosecution. The FIR was quashed, and the appeal allowed.
Misuse of Section 498A IPC – Matrimonial ...
Criminal Procedure – Successive Anticipatory Bail Application – Maintainability – Petition under Section 482 BNSS filed for grant of pre-arrest bail by accused previously denied same relief – Held: Successive applications for anticipatory bail are maintainable in law if there is a material change in circumstances – However, they must be placed before the same Judge to...
Narcotic Drugs – Conviction under NDPS Act – Recovery of contraband ganja – Accused A1 and A2 apprehended while in possession of 1.5 kg ganja – Trial court convicted both under Section 8(c) r/w 20(b)(ii)(B) NDPS Act – Acquitted under Sections 25 and 29(1) – A3 absconded and later acquitted – On appeal, A1 reported dead, appeal abated against him – Co...
Criminal Procedure – Additional Evidence – Section 311 CrPC – Prosecution allowed to produce video clip at defence evidence stage – Accused objected citing prolonged trial since 2018 and alleged abuse of process – Held: Trial court rightly exercised discretion to allow additional evidence to discover truth – Technical objections cannot defeat justice [Paras 1&nd...
Quashing of FIR and Criminal Proceedings – Petition filed under Section 482 of Cr.P.C. for quashing FIR lodged at Crime No.999 of 2018 under Sections 498A, 323, 506, 34, 325, and 313 of IPC after mutual divorce settlement – Involves matrimonial dispute between petitioners and respondent no. 2, leading to various legal proceedings and eventual mutual divorce [Paras 2, 4-5].
Matrimoni...
Criminal Law – UAPA – Regular Bail – Section 43-D(5) – Prolonged Custody – Appellant in custody for over 2 years and 10 months without trial due to pendency of sanction under Section 45 of the UAPA – No evidence linking weapons recovered from appellant to terrorist activity or declared terrorists – Held: Long incarceration without trial violates Article 21...
Criminal Law – Murder – Circumstantial Evidence – Hostile Witnesses – Conviction Upheld – Appellant convicted for murdering his minor daughter by strangulation using cloth string – Though complainant-wife and other family members turned hostile, prosecution proved the case through reliable circumstantial evidence including written complaint, FIR, medical evidenc...
Criminal Law – Quashing Of FIR - Rape – Repeated Sexual Acts – Section 376(2)(n) IPC – FIR alleged repeated sexual relations by advocate on false promise of marriage – Supreme Court held that relationship lasted three years and involved mutual affection and voluntary acts – No indication of threat, coercion, or deceit from inception – Held: FIR failed to d...
Criminal Law – Quashing of FIR – Causing Death by Negligence – Section 304-A IPC – Conviction – Petitioner convicted under Sections 304-A & 279 IPC based on death caused due to rash and negligent driving of a JCB – Post-conviction, compromise reached with complainant (father of deceased) – Held: Compromise between accused and legal heirs of deceased ca...
Criminal Law – Quashing of Proceedings – Allegation of Sexual Harassment by Child Welfare Committee Chairman – Lack of Sexual Intent – Petitioner, a statutory authority under Child Welfare Committee, was alleged to have made sexually coloured remarks during counselling of two minor girls – Statements attributed to the petitioner included reference to the girls’ ...