Criminal Law - Quashing – Non-Bailable Warrants during Investigation – Scope of Magistrate’s Power – FIR under Sections 376, 420, 506 IPC – Petitioner arrested but escaped from police custody after allegedly attacking police party – Application moved for issuance of arrest warrants – Magistrate issued warrants and later non-bailable warrants – Held: ...
Essential Commodities Act – Conviction under Section 7(1)(a)(ii) – Unauthorised storage of HSD Oil, Kerosene and Fertilizers – Seizure during inspection – Failure to produce licence, documents or stock registers – Prosecution proved seizure and non-compliance with Control Orders – Held: Conviction justified on evidence and statutory presumptions under Sections 1...
Criminal Law – Quashing - Bharatiya Nyaya Sanhita, 2023 – Section 69 – Sexual Intercourse on False Promise of Marriage – Accused married man allegedly concealed marital status and induced victim through social media – Repeated sexual relations resulting in pregnancy – Allegation of deceit from inception – Held: Prima facie ingredients of Section 69 BNS dis...
Criminal Law – Quashing of FIR - Prevention of Insults to National Honour Act, 1971 – Section 2 – Essential Ingredients – Statutory provision penalizes burning, mutilating, defacing, trampling upon or otherwise showing disrespect to the National Flag in public view – Explanation 4 clarifies instances of “disrespect” including allowing the Flag to touch the...
Criminal Law – Civil Dispute Given Criminal Colour – Alleged Forged Gift Deed – Appellant accused of forging notarized gift deed and transferring landed property of respondent-complainant – Investigation did not send admitted signatures for expert comparison – Dispute essentially arising out of property transactions between brothers – Held: Prima facie dispute b...
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...