Criminal Law – Dismissal for Non-Prosecution – Section 256 CrPC – Complaint under Section 138 NI Act – Acquittal Set Aside – The Magistrate had dismissed the complaint and acquitted the accused for absence of complainant and counsel on two dates – The High Court held that such dismissal was harsh and in violation of principles of natural justice – Explaine...
Criminal Law – Cheque Bounce - Power of Attorney – Locus Standi and Knowledge of Transaction – Section 138 of NIA – Complaint Filed by Power of Attorney Holder – Not Maintainable - The complainant’s Power of Attorney Holder neither witnessed the transaction nor had sufficient knowledge of the facts as required under law – The Supreme Court mandates specifi...
Criminal Law - Murder – Conviction under Section 302/34 IPC – Reversal – Trial Court convicted appellants for double murder based on testimony of a single eyewitness (PW-1 Nanmoon) – High Court held testimony unreliable due to contradictions on weapons, manner of assault, FIR lodging, and recovery – Implausibility of sparing sole eyewitness while killing two oth...
Criminal Law – Murder Conviction – Delay in Death – Appellant along with three co-accused dragged the deceased to the terrace, flung him down, and assaulted him with sticks and fists – Victim survived for about nine months before dying of septicemia, pneumonia, and paraplegia caused by spinal cord injury – Trial Court convicted under Section 302 IPC – High Court...
Criminal Procedure – Joint vs. Separate Trial – Sections 218–223 Cr.P.C. – Segregation of MLA’s trial quashed – The trial court, affirmed by the High Court, ordered a separate charge-sheet and segregated trial for the appellant (a sitting MLA) to facilitate “day-to-day” hearing relying on Ashwini Kumar Upadhyay – Held: Segregation solely due to...
Criminal Revision – Revisional Jurisdiction – Sections 397 & 401 CrPC – Scope of interference is extremely limited – Revisional Court cannot act as appellate forum or reappreciate evidence – Interference only if order of trial court is grossly erroneous, perverse, or without material – Framing of charge is an interlocutory/intermediate order not to be quashe...
Murder – Section 302/149 IPC – Eyewitness Testimony and Medical Evidence – Benefit of Doubt – Prosecution alleged deceased Charan Singh was shot dead while ploughing a field; FIR lodged promptly—Trial Court convicted appellants—On appeal, contradictions noted: direction of gunshot injuries inconsistent with claim that deceased was seated on tractor, unexpl...
Bail – Modification of Conditions – Maintainability – Section 528 BNSS – Petition challenging onerous bail conditions restricting foreign travel and requiring deposit of passport – Respondents argued modification impermissible once bail granted – Held: Bail order interlocutory; conditions not final judgment; Court retains inherent jurisdiction under Section 528 ...
Anticipatory Bail – Delay in FIR – Allegations of Mutation on Forged Documents – FIR lodged in 2019 regarding mutation entries based on sale deed dated 18.05.1996 executed on forged powers of attorney in names of deceased landowners – Appellants (A5 and A6), Circle Officer and Talathi at the time, certified mutation entries Nos. 15177 and 15180 in 1996, which were later can...
Matrimonial Law - Maintenance – Criminal Revision – Section 125 Cr.P.C. – Order of Family Court quashed – Petitioner-husband challenged order directing him to pay ₹20,000 per month – High Court found Family Court failed to consider suppression of material facts, income and assets of parties, and mandatory guidelines in Rajnesh v. Neha – Held: impugned order su...