Criminal Appeal – Cheque Dishonour Case – Appeal against acquittal in a Section 138 NI Act case – Appellant challenges trial court's acquittal of the respondent for dishonour of a cheque worth Rs. 7 Lacs – Appeal based on the contention that the trial court erred in not considering the statutory presumption under Section 139 of the Negotiable Instruments Act. [Para 1-7]...
Criminal Appeal – Regular Bail Application Dismissal
Gursewak Singh appealed against the dismissal of his regular bail application under Section 439 of Cr.P.C. by the Special Judge, Amritsar. [Para 1, 4]
Prosecution Sanction Under UAP Act
Concerns were raised about the prosecution under the UAP Act due to the absence of pre-requisite sanction from the compete...
Criminal Appeal – Challenge to judgment of High Court – Dismissal of appeal and confirmation of trial court's judgment – Conviction of appellant for offences under Sections 148, 302 read with Section 149, and Section 307 of the IPC – Appellant's co-accused Rameshwar deceased – Appeal of the appellant against his conviction – Rameshwar's appeal abated...
Extra-Judicial Confession – Doubt over Confession’s Credibility – Extra-judicial confession to the brother and acquaintance of the deceased, raising questions on its believability, leading to its rejection. The improbability of an accused making a confession to close associates of the deceased. [Paras 6-7]
Inconsistency in Prosecution's Case – Mismatch in Weapons and...
Criminal Appeal – Review Petition – Delay in filing the review petition condoned due to petitioner’s confinement – Review petition allowed, order dated 31.08.2018 recalled, and SLP(Crl.) no. 7528/2018 restored to its original number and file. Leave granted in SLP(Crl.) no. 7528/2018.
Criminal Procedure – Examination of trial Court records and evidence – Appel...
Criminal Procedure – Quashing of FIR – FIR No.264/2017 under Sections 326-B/506 IPC challenged – Allegations of acid attack by petitioner on respondent no.2 – Inherent improbability of allegations and lack of injury evidence led to questioning the authenticity of the FIR – Mala fide initiation of proceedings due to property dispute evident – FIR quashed. [Para 1...
Quashing of Criminal Proceedings – Additional Directors under Negotiable Instruments Act – Application for quashing FIR and process against additional directors in a cheque dishonor case – Application allowed, process quashed. [Para 1, 16]
Negotiable Instruments Act, Sections 138 and 141 – Interpretation and Applicability – Clarification on applicability of Section...
Criminal Revision Petition – Seeking Discharge Under Section 227 of CrPC – Rejection by Principal Assistant Sessions Judge, Thrissur – Revision Petitioner/Accused files petition challenging dismissal. [Para 1]
Offences Charged – Accused charged under Sections 448, 461, 392, and 397 IPC – Trial court cognizance for offences under Sections 448, 461, 328, an...
Legal Procedure – Challenge of Magistrate’s Order – Applicants, advocates by profession, seek quashing of a Magistrate’s order for preliminary inquiry – Application made under Section 482 Cr.P.C. – High Court finds no illegality in Magistrate’s direction, application dismissed. [Para 2, 16-17]
FIR Registration – Mandate of FIR registration in case...
Regular Bail – Denial of Regular Bail – Petitioner's repeated absconding and non-cooperation in the investigation – Petitioner declared a proclaimed offender twice – Bail application dismissed due to potential obstruction of a fair trial and risk of absconding. [Para 10-14]
Criminal Procedure – Fair Trial and Bail Considerations – Importance of ensuring a...