Criminal Law – Quashing of Proceedings under SC/ST Act and IPC – High Court set aside the impugned order summoning the applicant – Application U/S 482 Cr.P.C. allowed – Insufficient evidence to substantiate charges under Sections 323, 505, 506, 420 IPC and Section 3(2)(v) of the SC/ST Act – Allegations were found to be politically motivated and driven by personal riva...
Detention and Judicial Review – Detention Order Quashed - Detention of Shahid Khan under PITNDPS Act challenged due to lack of compelling evidence of imminent release and re-engagement in criminal activities - Despite substantial quantity of heroin recovery, absence of imminent release evidence undermines detention validity - Detention confirmed without sufficient grounds, quashed by the cou...
Delay in Filing Revision – Criminal Revision filed 275 days late due to reasons stated in an affidavit and condoned based on mutual consent of parties – Crl. Misc. Delay Condonation Application No. 01 of 2024 allowed. [Para 3]
Bigamy Allegations – Revisionist, accused of solemnizing a second marriage without divorce from the first spouse, presents evidence of long se...
Service Law - Seniority Dispute in Railway Protection Force –Consolidated Writ Petitions – Involves reevaluation of seniority lists affecting several petitioners with similar legal issues and facts. Seniority perturbed by the issuance of provisional combined seniority list and an earlier order, both of which are challenged. Held that redrawing seniority based on these actions is inappr...
Criminal Law – Quashing of Summoning Order and Charge Sheet – Application under Section 482 Cr.P.C. – Summoning order and charge sheet challenged on grounds of hasty and tainted investigation – Alleged offense of passing obscene comments against women – Absence of independent witnesses or examination of affected females – Violation of mandatory provisions under ...
Obscenity and Privacy – Watching obscene content in private time – Whether it amounts to an offence under Section 292 IPC – Court's role in determining the same – The accused was charged with watching obscene videos in his mobile phone in public – No allegation of distribution or exhibition – Section 292 IPC requires evidence of sale, distribution, or public...
Question of Law – The Court re-framed the issue as to whether the ITAT was justified in finding the assessment under Section 153A of the Income Tax Act, 1961, bad, when no assessment proceedings were pending at the time of initiation under Section 153A. [Para 2]
Factual Background – The original assessment of the respondent for the year 2002-03 was completed under Section ...
Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. – Application to quash charge sheet, cognizance order, and entire proceedings under IPC and SC/ST Act – Applicants argued delay in FIR filing and lack of proper investigation – Court held prima facie case exists based on charge sheet and cognizance order – No grounds for quashing established &nda...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...
Petition Under Articles 14, 21, 226, 227 of Constitution and Section 482 of CrPC – Petitioner seeking quashment of FIR and charge-sheet against him in a case where his minor son was allegedly involved in a fatal traffic accident [Para 2.0].
Case Background – The petitioner’s minor son accused of rash driving leading to a fatal accident – Petitioner charged as he was the ...