Criminal Procedure – Arrest and Custody – Voluntary Appearance Before Magistrate – Held Amounts to Arrest – Respondents in both appeals had appeared before Magistrate and were released on bail without being taken into formal custody – High Court in Dinesh Kumar's case held no arrest took place – Supreme Court held: surrender before Magistrate amounts to judi...
Criminal Law – Murder – Reversal of Acquittal – Eyewitnesses supported prosecution version of the accused firing at deceased Rajpal Singh with licensed gun – Trial Court gave benefit of doubt due to delay in FIR entry and possible alternate explanation of injuries – High Court reversed acquittal and convicted under Section 302 IPC – Held: Though eyewitness testi...
Constitutional Law – Article 20(3) – Right against self-incrimination – Scope and applicability – Specimen handwriting, thumb impressions, fingerprints and other physical identifiers taken during investigation – Whether amounts to compelled testimony – Held: "To be a witness" under Article 20(3) does not include giving of thumb impressions, palm impres...
Criminal Conspiracy – Misappropriation of Military Stores – Army Officer Convicted – Accused No. 1, Major E.G. Barsay, conspired with others to smuggle military stores from Dehu Vehicle Depot for illegal sale – Scheme meticulously planned during superior’s leave – Appellant arranged staff transfers, vehicle assignments, and dummy paperwork to facilitate theft &n...
Criminal Law – Public Servant – Sanction for Prosecution – Appellant, a government officer, took action against a medical shop under Drugs and Cosmetics Act – Complaint later filed against him by shop owner alleging forgery and corruption – Held: Actions taken were in discharge of official duties – No cognizance could have been taken without prior sanction under...
Cognizance – Closure report – Magistrate relying on complainant’s statement and affidavit – Error in law – Matter should have been treated as complaint under s.190(1)(a) CrPC – Impugned order set aside; liberty to proceed under Chapter XV CrPC [Paras 12-16, 23-24].
Cognizance – Scope of Magistrate’s power – Magistrate not bound by investigat...
Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...
Criminal Procedure – Right to Speedy Trial – Delay of Over Two Decades – Chargesheet Filed in 1991, Trial Not Commenced Till 2008 – Appellant Faced Investigation and Prosecution for Over 21 Years – Held: Violation of Fundamental Right Under Article 21 – Proceedings Quashed – FIR lodged in 1987, chargesheet filed in 1991 – Appellant facing prosecution...
Criminal Law – Quashing of FIR – Scope of Section 482 CrPC – Principles reiterated from Bhajan Lal case – FIRs and charge-sheets cannot be quashed merely on allegations of mala fides if prima facie material discloses cognizable offence – Mala fides of complainant irrelevant when ingredients of offence exist – High Court rightly observed its jurisdiction under Se...
Negotiable Instruments Act – Dishonour of Cheque – Complaint Against Trustee Without Trust as Party – Maintainability – Sections 138, 141, NI Act – Question whether complaint under NI Act is maintainable against the Chairman/Trustee of a Trust without arraying the Trust as an accused – Held: A Trust is not a juristic person capable of suing or being su...