Negotiable Instruments Act – Section 138 – Summoning Order – Challenge to the summoning orders in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act – Accusation of non-compliance with mandatory inquiry under Section 202 of CrPC by the Magistrate – High Court held that mandatory inquiry was conducted satisfactorily. [Para 1, 3, 14, 20-21, 25...
Criminal Proceedings – Quashing of Proceedings – Criminal proceedings against bank officials in a case involving missing jewelry from a bank locker quashed – Lack of evidence against petitioners, who were not sent for trial after police investigation – Alleged theft occurred, but no material implicating bank officials – Civil suit for the same incident pending. [Para ...
Writ Petition – Quashing of Order – Quashing of order dated 20.10.2023 in Dhanbad Mahila P.S. Case No.30 of 2023 under section 82 Cr.PC – Petitioner, the husband in a case under section 498A IPC, had already complied with notice under section 41A Cr.PC and appeared before the investigating officer – Petitioner's non-pressing of prayer-(a) and focusing on prayer-(b) for ...
Criminal Revision Cases – Return of Vehicles – Revision against orders rejecting return of vehicles seized for alleged illegal sand mining under Sections 379 IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 – Petitioners seeking interim custody citing vehicle depreciation and reference to Sunderbhai Ambalal Desai Vs. State of Gujarat for si...
Marriage Annulment – Forced Marriage – Nullity of Marriage: Appeal against Family Court’s dismissal of annulment petition – Petitioner’s claim of forced marriage at gunpoint, without consent or customary rituals – Family Court’s failure to frame issues and prepare a decree – Judgment set aside, marriage annulled. [Paras 2, 13-14, 38]
Evidence and ...
Criminal Appeal – Conviction and Sentence in POCSO Case – Appeal against conviction and sentence by Special Judge, POCSO, Araria, for offences under Sections 376, 302 of the IPC, and Section 3(2)(v) of the SC/ST Act – Conviction based on circumstantial evidence and confessional statement. [Para 1, 12]
Investigation and Trial Process – Case initiated based on mi...
Murder and Political Rivalry – Conviction of Madan under Sections 302, 148, 449 of IPC – Incident involving indiscriminate firing due to political rivalry leading to six deaths – Madan along with other accused found guilty of firing at victims, resulting in immediate deaths and subsequent fatalities [Paras 2.1-2.16, 26-29, 32-34, 36-37].
Evidence and Witness Credibility &ndash...
Conspiracy and Supply of Poisonous Substance – Alcohol Poisoning Incident – Conviction of Sajeev (A10) and Roy (A11) under Sections 302, 307, 326 read with Section 120B of IPC, and Sections 55(a), (h), (i), and 57 (A)(1)(ii) of the Abkari Act – Incident involving alcohol poisoning resulting in deaths and severe injuries – Accused found guilty of mixing methyl alcohol with s...
Criminal Petition – Quashing of Complaint – Petition under Section 482 Cr.P.C. for quashing complaint in C.C.No 225 of 2018 for offense under Sections 138 and 142 of the Negotiable Instruments Act, 1881 – Accused sought to quash complaint alleging fraudulent cheque and misuse of power of attorney. [Para 1, 5]
Cheque Fraud – Accusation of issuing a fraudulent, c...
Bail Application – Grant of Anticipatory Bail in Case FIR No. 260/2023 – Allegations of Rape and Threats under Sections 376/377/504 IPC – Petitioner's Relationship with Prosecutrix and Subsequent Incidents – Application for Anticipatory Bail Filed. [Para 1]
Facts of the Case – Allegations by Prosecutrix of Forceful Physical Relations, Threats with Nud...