Criminal Procedure – Dismissal of Application under Section 156(3) Cr.P.C. – Petitioner's application for registration of FIR against respondents under Section 156(3) Cr.P.C. dismissed by the learned Metropolitan Magistrate and upheld by the learned ASJ – Allegations involved threats, trespass, and false implication in a criminal case – Petitioner sought cross FIR for e...
NDPS Act – Regular Bail – Prolonged Incarceration: The petitioner was accused of smuggling and possessing 75 kg of poppy husk and was arrested with his co-accused. He had been in custody for 01 year, 09 months, and 20 days, with no other criminal cases against him. The trial had progressed slowly, with only three out of 17 prosecution witnesses examined. In line with precedents, the co...
Negotiable Instruments Act – Section 138 Acquittal – High Court Dismisses Appeal Against Acquittal by Trial Court – Petitioner’s Complaint Lacked Credibility – Discrepancies and Inconsistencies in Petitioner’s Testimony and Evidence – Respondent’s Defence Rebutted Presumptions Under Sections 118(a) and 139 of NI Act – Trial Court’s Findin...
Criminal Law – Quashing of Proceedings under Sections 143, 147, 148, 149, 341, 324, 294(b), 506(ii), 323, and 447 IPC – Validity of Cognizance Without Considering Refer Report – Kerala High Court Directions for Reconsideration – The High Court quashed the cognizance orders of the Judicial First-Class Magistrate Court in cases arising from protest complaints after the police...
Criminal Law – Sanction for Prosecution – Application of Mind – Appellant challenged the validity of the sanction under Section 19 of the Prevention of Corruption Act, alleging that it was granted without application of mind and by an incompetent authority. The court held that the sanction order lacked necessary documentary evidence to show that the powers were properly delegated...
Presumption under NI Act – Rebuttal – Appeal allowed – Appeal against acquittal under Section 138 NI Act – Respondent issued cheque towards loan repayment, which was dishonored – Trial Court acquitted respondent, failing to properly apply presumption under Sections 118(a) and 139 NI Act – High Court held that once execution of cheque is admitted, presumption of ...
Criminal Law – Appeal against Conviction under Section 304 Part II IPC – Alteration of Sentence – High Court altered the conviction of the appellant from Section 304 Part I to Section 304 Part II IPC and sentenced him to five years of rigorous imprisonment – The appellant argued for complete acquittal, claiming self-defense, while the State supported the High Court’s ...
Negotiable Instruments – Dishonor of Cheque – Presumption under Sections 138, 139, and 118(a) N.I. Act – Once the issuance of the cheque is admitted or established, a presumption arises that the cheque was issued for a legally enforceable debt or liability – The burden is on the drawer to rebut this presumption – The Supreme Court found that the respondent failed to a...
UAPA – Bail – Allowed - Prima Facie Case – Appellant sought bail after rejection by the Special Court and High Court. Accused under Sections 13, 18, 18A, 20 of UAPA. The Supreme Court evaluated whether there were reasonable grounds to believe the accusations were prima facie true. Held that there was insufficient material linking the appellant to the terrorist activities of PFI, ...
Perjury – Filing False Affidavit – High Court’s Direction to Prosecute – Appellant accused of submitting a false affidavit during bail proceedings – High Court directed the filing of a criminal complaint under Section 193 IPC – Supreme Court emphasized that a mere denial in affidavits does not meet the threshold for perjury – No evidence of deliberate fals...