NDPS Act – Re-testing of Sample – Quashment of Charge-Sheet – First CRCL report ruled out presence of Heroin – Prosecution sought re-testing merely because report was adverse – Trial Court allowed re-testing without recording cogent reasons – Held: Re-testing under NDPS Act permissible only in extremely exceptional circumstances as per Thana Singh – Mere d...
PCPNDT Act – Quashing of Complaint – Illegal Sting Operation vs. Admissibility of Seized Evidence – A qualified radiologist-appellant was alleged to have conducted ultrasonography on a decoy pregnant patient without filling mandatory Form F, disclosing sex of foetus, or maintaining any record as required under Rules 9 and 10 – The sting operation was directed solely by the ...
Criminal Law - Prevention of Insults to National Honour Act, 1971 – Section 2 – Quashing of Proceedings – National Flag hoisted upside down on Independence Day – Petitioner, a Second Division Assistant in Gram Panchayat, was in charge of flag hoisting ceremony – Allegation that due to negligence, Flag was unfurled in reverse position – Charge sheet materials dis...
Section 304-A IPC – Death by Negligence – Compromise – Quashing Impermissible – FIR registered regarding death of two workmen in factory accident – Petitioners sought quashing on basis of compromise with complainant and payment of compensation – Held: Offence under Section 304-A IPC is not a private dispute but a crime against society – Primary victim bein...
Criminal Law – Quashing - Cheating – Commercial Transactions – Quashing of Criminal Proceedings – Managing Director of company summoned under Section 420 IPC for alleged non-payment of dues for goods supplied – Respondent had already filed civil suit for recovery which was decreed – Criminal complaint filed belatedly after three years – Held: Dispute essen...
Petitioner sought quashing of FIR alleging forgery and tampering of complainant’s ACR to obstruct promotion to IFS – Held: As per Bhajan Lal principles, FIR can be quashed only where allegations do not disclose any offence or are absurd on face of record – Defence pleas and disputed questions of fact cannot be examined at this stage – Prima facie material including statemen...
Criminal Law – Quashing of FIR – Matrimonial Dispute – Allegations under Sections 498A, 406 IPC and Section 4 Dowry Prohibition Act – Husband sought quashing alleging FIR as counterblast to divorce petition – Court reiterated limited scope of inherent jurisdiction – At quashing stage no mini-trial permissible – Where allegations taken at face value disclos...
Criminal Law – Defamation – Section 199 Cr.P.C. – “Person aggrieved” – Complaint filed by Bharatiya Janata Party represented by State Secretary – Authorization issued by President of State Unit – No material to show authorization by National Party – Held, complaint not instituted by competent person representing alleged aggrieved entity –...
Criminal Law – Proclamation Proceedings – Non-compliance of Section 82 Cr.P.C. – Petitioner declared proclaimed person without strict adherence to mandatory statutory requirements – Record did not reflect proper public reading of proclamation nor recording of judicial satisfaction regarding absconding or concealment – Mechanical exercise of jurisdiction vitiates procl...
Criminal Law – Quashing of FIR and Charge-sheet – Alleged Derogatory Remarks on Assamese Women – Statement in YouTube interview alleging existence of a village in Assam where girls practice black magic and convert men into animals – FIR registered under Sections 196(1), 197(1), 353(2) BNS read with Section 67 IT Act and Section 4 of Assam Witch Hunting Act – Investiga...