Criminal Law – Discharge – Section 239 CrPC – Scope of consideration – Magistrate required to examine final report and documents forwarded under Section 173 CrPC – Where documents collected during investigation itself establish full repayment of loan prior to filing of charge sheet – Non-consideration of such material renders charge groundless – Revisional...
Negotiable Instruments Act – Section 138 – Dismissal under Section 256 Cr.P.C. – Accused Never Appeared – Magistrate dismissed complaints on 29.09.2014 and recorded acquittal despite accused not appearing from 2012 onwards – Continuous issuance of summons and warrants – Held: Section 256 Cr.P.C. contemplates acquittal when case is fixed for appearance/hearing an...
Remission – Premature Release – Section 432(2) CrPC – Competence of Presiding Judge – Life convict’s prayer for premature release recommended by State Sentence Review Board – Judicial Department rejected release based on negative opinion of Chief Judge, City Sessions Court as successor to convicting Bench which ceased to exist – Held: In absence of origina...
Customs – Smuggling – Seizure of Foreign-Origin Cigarettes – 25,01,200 cigarette sticks seized from vehicle and godown – Absolute confiscation ordered under Section 111(d) – Penalty imposed under Section 112(b)(i) – Concurrent findings by Adjudicating Authority, Commissioner (Appeals) and CESTAT – Held: Seizure and confiscation based on detailed Panchnama ...
Criminal Law – Quashing – Commercial Transaction – Alleged Non-Payment of Dues – Petitioner sought quashing of proceeding under Sections 406/420 IPC arising out of business dealings relating to supply of poultry feed – Admitted long-standing commercial relationship since 2012 with regular payments – Dispute arose over alleged outstanding of Rs. 40 lakhs – ...
False Promise of Marriage – Cheating under Section 417 IPC – Consensual Relationship Between Majors – Appellant convicted for cheating after acquittal under Section 376 IPC – Evidence showed long-standing love affair of more than 1½ years and repeated consensual physical relationship – No proof that consent was obtained under misconception of fact – Held:...
Criminal Law – Rape – POCSO Act – Acquittal – Appellant convicted by trial court for repeated rape and aggravated penetrative sexual assault – High Court reappreciated entire evidence in appeal under Section 374(2) CrPC – Found prosecution case riddled with inconsistencies, improbabilities and serious investigative lapses – Held: Conviction unsustainable &...
Criminal Law – Abetment of Suicide – Regular Bail – Allegation that petitioner-wife abused and assaulted deceased-husband leading to suicide – FIR registered under Section 108 BNS – Court held that mere allegations of harassment without specific instigation or proximate act do not prima facie constitute abetment – Essential ingredient of mens rea and direct or i...
Essential Commodities Act – Section 3 r/w Section 7 – Cement – Decontrol – Appellants convicted for unauthorised possession of Government quota cement allegedly diverted from PWD supply – Incident dated 24.03.1994 – By Cement Control (Amendment) Order, 1989, price and distribution control of cement withdrawn w.e.f. 01.03.1989 – Further delegation to States...
Criminal Law – Electronic Evidence – Admissibility of voice recordings – Application under Section 65B, Evidence Act and Section 92, CrPC for taking a pen drive on record – Petitioner sought to introduce a voice recording of the deceased alleging lack of medical treatment to prove the accused forged medical records to cover negligence – Held: The trial court correctly...