Criminal Law – Bail Application – Prima Facie Evidence and Presumption of Innocence – Petitioners sought bail in a case involving allegations of rape and gang rape added post FIR registration. The High Court granted bail considering the inconsistencies between the initial complaint and subsequent statements under Section 164 Cr.P.C., and the lack of prima facie evidence to suppor...
Criminal Law – Quashing of FIR – High Court exercises its inherent powers under Section 482 Cr.P.C. to quash FIR No. 42/2015 – Dispute between parties found to be civil in nature – Petitioner alleged to have illegally occupied property despite expired license agreement – Court held no ingredients of cheating or criminal breach of trust established – Criminal pro...
Criminal Law - Sanction for Prosecution – Validity – Prevention of Food Adulteration Act, 1954 – Appeal Challenged – The appellant, a Food Inspector, challenged the acquittal of the accused by the trial court on the ground that the sanction for prosecution was improperly granted – Held: The trial court's finding that the sanctioning authority did not possess the r...
Service Law – Appointment in Police Force – Acquittal in Criminal Case – Eligibility for Appointment – The petitioner challenged the rejection of his appointment to the Delhi Police due to past involvement in a criminal case from which he was acquitted – He was provisionally selected for the post of Sub-Inspector but his candidature was cancelled by the Screening Comm...
Criminal Procedure – Notice under Section 41(1)(a) Cr.P.C. – Petitioner received a notice via WhatsApp from the police without any crime number or specific allegations – Petitioner sought reasons for the notice, but was not informed – A second notice was issued with the crime number but without proper procedural compliance – High Court emphasized that notice must incl...
Criminal Law – Departmental Proceedings vs. Criminal Trial – Petitioner, a constable, dismissed for bigamy following a departmental enquiry – Acquittal in criminal trial on same facts not affecting dismissal – Court upheld dismissal based on departmental rules and personal conduct standards [Paras 7-13].
Departmental Enquiry – Standards of Proof – D...
Criminal Law – Sections 420, 467, 468, and 471 IPC – Requirement of Intentional Deception – Quashment of Proceedings – The appellant challenged criminal proceedings initiated on allegations of fraud and forgery under Sections 420, 467, 468, and 471 IPC, arguing that issues in the sale deed registration related to undervaluation should have been addressed under Section 47-A ...
Criminal Law – Quashing of FIR – FIR for offences under Sections 376, 377, 323, 509, 34, 380 IPC – Petitioners seek quashing based on settlement agreement – Court observes FIR contains serious allegations of sexual violence, misrepresentation, and threats – Compromise involving monetary settlement not sufficient ground for quashing in serious criminal cases – Pe...
Quashing of Proceedings – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(u) – Petitioners sought quashing of Special Case No. 101 of 2022 arising out of a property dispute, alleging false implication under the SC/ST Act – Court examined the nature of allegations, ongoing civil disputes, and material on record – Found the comp...
Criminal Law – Quashing of FIR – Allegations under multiple sections of IPC and Dowry Prohibition Act – Petitioners accused Nos. 4 and 9 (paramour and her mother) – Alleged involvement in marital discord between accused No.1 and complainant – Examination of complaint reveals no substantial reference or foundation for offences against petitioners – Lack of eviden...