Criminal Procedure - Release of Seized Vehicle - Sapurdari - Bank Guarantee - Surety Bonds - Release of Seized Vehicle - Idle Parking and Deterioration – Petition under Section 482 Cr.P.C. seeking release of a vehicle seized with illegal liquor – Held: Neither the State nor the owner benefits from the idle parking of seized vehicles. Unattended vehicles deteriorate, and their valuable ...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...
Criminal Procedure - Recall of Witness - Change of Counsel - Additional Evidence - Delay in Proceedings- Change of Counsel – Petition under Section 482 CrPC challenging the dismissal of applications under Section 311 CrPC – Held: The alleged lack of competence of the previous counsel cannot justify reopening the examination of the complainant. Allowing such applications routinely based...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance - Bail Jurisprudence- No Change in Circumstance – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application on the same cause of action is not maintainable without a change in circumstance, fact situation, or law. The petitioner did not approach the trial c...
Criminal Procedure - Quashing of FIR - Limitation Period - Excise Act - Petition for quashing FIR registered under Punjab Excise Act—FIR registered on 25.08.2016, challan presented on 23.02.2021—Cognizance taken barred by limitation under Section 75(2) of the Punjab Excise Act and Section 468 CrPC—Special sanction time exclusion plea untenable as limitation period had expired&mda...
Criminal Procedure - Quashing of FIR - Proclaimed Offenders - Acquittal of Co-Accused - Petitions by foreign citizens for quashing FIR and orders declaring them proclaimed offenders—Petitioners were unaware of FIR—Co-accused acquitted—Common allegations of cutting and taking away 40 trees in a land dispute—Evidence found insufficient to prove exclusive possession or commiss...
Criminal Procedure - Bail Cancellation - Supervening Circumstances and Conduct of Accused - Petition for cancellation of bail in a heinous offence under Section 306 IPC—Difference between rejecting an application for bail and cancelling bail already granted—Court must find supervening circumstances not conducive to fair trial—Grounds for cancellation include violation of bail con...
Criminal Procedure - Quashing of FIR and Charge-sheet - Essential Commodities Act - Fertilizer Control Order - Petition to quash FIR and charges for non-standard DAP fertilizer sample—Petitioner appointed as responsible person after sample drawing—Company not made an accused—No specific allegations in FIR/charge sheet indicating petitioner’s vicarious liability—Court ...
Departmental Proceedings - Acquittal in Criminal Trial - Reinstatement of Employees - Constitutional Petition and Letters Patent Appeals - Appeals by State challenging reinstatement of police personnel after acquittal in criminal trial—Writ petition by left out employees challenging departmental inquiry and dismissal—Held, once there is acquittal on merits after detailed discussion, re...
Criminal Procedure - Transfer of Case - Convenience of Wife – Held, it is well settled that the convenience of the wife is paramount in considering the transfer of cases. The petitioner, having no independent source of income and a minor school-going daughter, faces difficulty in attending court proceedings at Ropar, 80 km from Ludhiana. The petition is allowed, and the criminal complaint is...