Criminal Law - Quashing of Summoning Order - Petition under Sections 210 and 482 CrPC - Summoning order found to be flawed - Magistrate failed to apply mind to the facts of the case and the applicable law - Cancellation report not considered - Summoning order must reflect judicial application of mind - Impugned order set aside and case remitted to Magistrate for fresh consideration. [Paras 1-17]
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Criminal Law - Anticipatory Bail - Petition under Section 438 CrPC - Allegations of cheating and misappropriation of funds - Petitioners accused of inducing the complainant to invest Rs. 65 lakhs in a fraudulent scheme involving the sale of onions - Petitioners submitted fictitious documents during the investigation - Apprehension of influencing witnesses and tampering with evidence - Custodial in...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against company officials for offenses under Sections 120-B, 406, and 420 IPC - Magistrate conducted inquiry under Section 202 CrPC - Police report and documents examined - Magistrate found sufficient material to proceed - Petitioners' claim of non-consideration of police report and plea of f...
Criminal Law - Appeal against Conviction and Acquittal - Sections 324, 307 IPC - Delay in FIR registration, absence of independent witnesses, and motive are critical factors - Inordinate and unexplained delay of five days in registering the FIR - Prosecution's failure to explain delay undermines credibility - Absence of independent witnesses despite the incident occurring in a populated area -...
Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...
Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...
Criminal Law – Circumstantial Evidence – Acquittal – Appeal by the State against the acquittal of the respondent for murder charges under IPC. The prosecution’s case was based on weak circumstantial evidence, unsubstantiated recovery claims, and inconsistencies in witness testimonies. Held, the circumstantial evidence presented failed to establish the guilt of the accused b...
Criminal Law – Appeal against Conviction – Delay in Filing – Petition under Section 482 Cr.P.C. challenging the dismissal of an appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of delay. The appeal was dismissed without considering the exclusion of the time taken to prepare the certified copy of the judgment. Held, the period con...
Criminal Law – Quashing of Charges – Criminal Conspiracy and Breach of Trust – Petition under Section 482 Cr.P.C. challenging charges framed under Sections 406 and 120B IPC by the Trial Court. The petitioner contended that she cannot be held liable for offences allegedly committed by her late husband. Held, quashing of charges is an exception to the rule and should not be done at...
Juvenile Justice - Determination of Age - Trial as Adult – The Juvenile Justice Board (JJB) ordered the petitioner, accused of rape and penetrative sexual assault, to be tried as an adult after a preliminary assessment of his mental and physical capacity. The petitioner challenged this order, contending that he was under 16 years of age at the time of the alleged offence. Held, a combined re...