Criminal Law – Murder – Conviction under Section 302/149 IPC – Unlawful Assembly – Appellant Sanwarey convicted for murder along with other co-accused – Role attributed to appellant was assault with lathi – Knife blows attributed to co-accused – Held: Once common object to commit murder is established, individual role or nature of weapon used by each accus...
Criminal Law – Dacoity with Murder – Circumstantial Evidence – Confirmation of Conviction – Appellants convicted under Sections 448/396/302/412/34 IPC for committing dacoity and murdering landlady Rekha Rani Roy and tenant Gouri Majhi – No eyewitness to occurrence – Case resting on chain of circumstantial evidence – Held: Prosecution established complete c...
Gangster Act – Quashing of Proceedings – Solitary Base Case – Validity of Gang Chart – Application under Section 528 BNSS filed seeking quashing of proceedings under Section 2/3 of the U.P. Gangster Act, including charge-sheet and cognizance order – Applicant contended that initiation of Gangster Act proceedings on the basis of a solitary case was impermissible and co...
Criminal Law - Attempt to Murder – Conviction under Section 307 IPC – Appeal – Acquittal – Appellant convicted for stabbing the injured with a knife – Trial Court sentenced appellant to five years’ rigorous imprisonment – On appeal, High Court finds serious doubt regarding identity of assailant – Injured and eyewitnesses admitted no prior acquaintanc...
NDPS Act – Supurdnama of Seized Vehicle – Owner-cum-Driver Accused – Joint Possession of Contraband – Refusal of Interim Custody Justified – Applicant sought interim release of Pick-up vehicle seized in Crime No.397/2025 registered under Sections 8/20 NDPS Act – Vehicle registered in applicant’s name and contraband (18 kg 600 gms ganja) recovered from join...
Criminal Appeal – Murder Conviction – Acquittal – Sole Eyewitness – Benefit of Doubt – Accused convicted by Sessions Court under Sections 302 and 324 IPC for causing death of deceased by hitting with wooden rafter – Appeal against conviction and sentence of life imprisonment – Prosecution case resting substantially on testimony of injured sole eyewitness (...
Criminal Law – Kidnapping and Aggravated Penetrative Sexual Assault – Conviction under Section 366 IPC and Section 6(1) POCSO Act – Victim allegedly aged 17 years and 10 months – Trial Court convicted A1 while acquitting A2 – On appeal, High Court found serious infirmities in prosecution case – Held: Conviction unsustainable [Paras 1–2, 13–14].
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Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].
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Family Law - Domestic Violence Act – Daughter as “aggrieved person” – Maintainability – Petition under Section 12 DV Act filed by minor daughter (through maternal grandmother) seeking protection, residence/monetary relief, maintenance and compensation – Father challenged maintainability contending “aggrieved person” under Section 2(a) refers to &ldqu...
Bail – Corruption Case – Advocate Accused of Influencing Judiciary – Rejection of Bail – Petitioner, an Advocate practicing before the High Court, sought regular bail under Section 439 Cr.P.C. in FIR registered by CBI for demanding ₹30 lakhs as illegal gratification for securing a favourable judicial order in a matrimonial dispute – Allegation that petitioner claime...