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...
Anticipatory Bail – Section 482 BNSS – Murder Case – Allegation of Instigation by MLA – Petitioner (Accused No.5) alleged to have instigated co-accused in fatal assault resulting in death of informant’s son – Prior written complaint by deceased naming petitioner and alleging threats to life – Prima facie material including CDRs and photographs requiring co...
Criminal Law – Murder – Road Rage Incident – Sudden Quarrel – Absence of Intention – Incident arose out of a sudden traffic altercation when motorcycle touched car – No prior animosity or premeditation – Assault by fist and leg blows only – No weapon used or recovered – Held: Essential ingredients of intention and knowledge required for offence...
Criminal Law – Bail – Murder Case – Invocation of MCOCA – Stringent Conditions under Section 21(4) – Reasonable Grounds of Non-Guilt – Applicant sought bail in murder of former Minister Baba Siddiqui, where offences under BNS, Arms Act and MCOCA were invoked – Prosecution alleged applicant’s role as member of organised crime syndicate based on two ph...
Bail – Murder Case – Harbouring of Accused – Petitioner wife of main accused declared Proclaimed Offender – Allegation that she harboured co-accused knowing commission of offence – Case falls within exception carved out under Section 249 BNS – Petitioner not named in FIR – Clean antecedents – In custody since 21.06.2025 – Investigation complete...
Criminal Law – Quashing of Proceedings – Abuse of Process – RWA Dispute – FIR lodged by resident against elected office bearers of Resident Welfare Association alleging extortion, intimidation and harassment over parking regulations – Allegations stemmed from enforcement of society resolution regarding parking discipline – Held: Criminal proceedings initiated to...
Criminal Law – Complaint Case – Mandatory Examination under Section 223 BNSS – Pre-Cognizance Notice – Illegality – Petition under Section 528 BNSS challenging issuance of pre-cognizance notice by Magistrate without recording sworn statement of complainant and witnesses – Complaint alleging reputational harm due to depiction of respondent as terrorist in feature...
Criminal Law – Quashing of Proceedings – Abuse of Process – Loan Recovery Dispute – Public Servant Acting in Official Capacity – FIR and charge-sheet alleged house trespass, criminal force, insult to modesty and intimidation against senior official of West Bengal Financial Corporation during visit for loan recovery – Materials revealed visit was pursuant to offi...
Bail – Annulment of Bail Order – Suppression of Criminal Antecedents – Organised Educational Fraud – Accused allegedly fabricated and used forged LL.B. degree to project himself as advocate and appeared before Courts – High Court granted bail relying on disputed documents forming subject matter of prosecution and ignored categorical communications from University deny...
Juvenile Justice Act – Bail under Section 12 – Plea of Juvenility Raised During Pendency of Appeal – Convict sentenced to 25 years imprisonment under Section 6 POCSO Act – Age determination inquiry pending before Trial Court pursuant to High Court’s direction – Whether bail mandatory pending such determination – Held: Though bail to a child in conflict wit...