Criminal Law - Police Duty – Registration of FIR – Section 154 CrPC – Mandatory Nature – Police informed of MLC involving appellant (head injury from assault during riots) on 14.05.2023 but failed to register FIR – High Court erred in blaming victim’s family for not lodging report – Held: Once information of cognizable offence is received, FIR must be regi...
Criminal Law – Conviction Based on Circumstantial Evidence – Death Penalty Set Aside – The appellants were convicted for rape and murder of a minor under IPC, POCSO Act, and IT Act, with the first appellant sentenced to death – The prosecution's case rested entirely on circumstantial evidence including motive, last seen theory, and DNA evidence – The Supreme Court...
Criminal Law - Bail Cancellation – Section 528 BNSS – Order Cancelling Bail and Issuing NBWs Quashed – Petitioner’s bail was cancelled and NBWs issued for non-appearance – On the date in question, case was adjourned for reply to Sec. 239 Cr.P.C. application and no substantial proceedings were fixed – Held: mere absence on such date without intent to hamper trial...
Cruelty – Decree of Divorce – Section 13(1)(ia) of Hindu Marriage Act – Divorce Affirmed – The husband filed for divorce on grounds of mental cruelty; the wife filed counter-allegations including domestic violence – Family Court granted divorce which was upheld by the High Court – Supreme Court observed long-standing acrimony and prolonged separation since 2009,...
Quashing Of Criminal Proceedings - Section 528 BNSS - Disproportionate Assets – Prevention of Corruption Act – Exoneration in Departmental Inquiry – Quashment Refused – Applicant, Assistant Manager, Greater NOIDA, accused of expenditure 137.80% above known income – Claimed departmental exoneration and quashing of censure – Held: Departmental findings based on pr...
Anticipatory Bail – Long-Term Consensual Relationship – Prima Facie No Rape Made Out – Bail Granted – The petitioner sought anticipatory bail in connection with FIR under Section 376 IPC – The prosecutrix, a well-educated consultant residing abroad, alleged rape based on false promise of marriage after a prolonged relationship lasting over four years – She alleg...
Criminal Revision Against Rejection Of Discharge Plea - Loan Fraud – Advocate’s Attestation of False Declaration – Prima Facie Conspiracy Established – Revision Dismissed – Accused lawyer (A8) attested affidavit declaring impersonator (A5) as personally known to him, enabling fraudulent sanction of ₹44 lakh loan – Held: Unlike erroneous legal opinion (as in CB...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Vague Allegations and Delay – Proceedings Quashed – Private complaint filed in 2014 for alleged offences of 2010 including rape under Section 376 IPC and SC/ST Act – Magistrate summoned appellant after inquiry under Section 202 CrPC – High Court rejected quashing – Supreme Court held complai...
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...
Criminal Law – Cheating – Section 420 IPC – Quashment of Proceedings – Educational institution accused of using a forged Fire NOC to secure recognition – National Building Code and writ directions established no Fire NOC was required for buildings below 15 metres – Held: Essential ingredient of dishonest or fraudulent inducement absent since recognition/renewal ...