Criminal Law - Summoning of Additional Accused –Criminal Revision against the order of the Additional Sessions Judge allowing the summoning of additional accused under Section 319 Cr.P.C. – FIR registered following a scuffle between Brahmin and Dalit youngsters – The final report found some accused innocent, but this was not conclusive – The court emphasized that the right ...
Criminal Law - Surety’s Liability - Appeal - Appeal against orders imposing a fine of Rs.1 lac on surety due to the non-appearance of the accused - Held, Fine must be proportionate to the circumstances, inconvenience to the court, and expense in re-apprehending the accused - Appellant, who facilitated the re-arrest of the accused, deserves reduction in penalty - Appeal Partly Allowed, fine r...
Criminal Law – Appeal against Acquittal – Section 378(4) Cr.P.C. – Injuries – Absence of X-ray Film – Medico-Legal Examination – Application for leave to appeal against acquittal – No x-ray film produced nor radiologist examined – Doctor’s opinion based on report without seeing x-ray film – Held, grievous injury not proved – Second ...
Criminal Procedure – Interlocutory Order – Travel Abroad – Sections 482, 397(2) Cr.P.C. – Petition for setting aside order declining permission to travel abroad – Order qualifies as interlocutory, barring revision under Section 397(2) – Petition under Section 482 maintainable – Petitioner a permanent resident of Australia, previously granted permission to ...
Criminal Procedure – Repeated Applications under Section 311 – Invocation on Multiple Occasions – Section 311, Cr.P.C. – Petition for quashing Trial Court order dismissing application for re-examination – Held, no bar to invoke Section 311 repeatedly if situation arises – Different reliefs claimed in separate applications permissible – Denial of re-examina...
Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...
Criminal Law – Appeal against Conviction – Section 307 IPC Consideration – Code of Criminal Procedure, 1973, Section 374 – Indian Penal Code, 1860, Sections 34, 323, 325, 506 – Appeal against conviction for causing grievous hurt – Dispute over outstanding payment for milk – Injuries on both sides – No intent to cause death – Injuries not life-t...
Criminal Law - Quashing of FIR – Non-compliance with Proclamation Notice Requirements - Petition seeking quashing of FIR for offences under Section 174A IPC and Section 138 of the Negotiable Instruments Act. Held, the mens rea for the commission of an act under Section 174A IPC arises only when there is complete compliance with Section 82(2)(i) Cr.P.C., which includes public proclamation and...
Juvenile Justice – Bail Application –Criminal Revision against the order rejecting bail by Principal Magistrate, Juvenile Justice Board – Petitioner a juvenile accused under Sections 148, 149, 302, 120-B IPC and Sections 25(1B)(a), 27(1) Arms Act – Revision allowed – Gravity of the offense is not a criterion to reject bail for a juvenile – Impugned order passed ...
Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...