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Criminal Law Judiciary

Interfere with an order against acquittal should be in a routine manner and if other views possible than avoided unless therer are good reason

 09 June 2012

Interference with an order against against acquittal subject to some condition ..

Posted in Criminal Law |   1429 hits

Attempt to rape with minor and consequent death ( Sec - 302, 376, 511 )

 02 June 2012

Facts: Vineshwari along with her brother, ,was having a bath in the water. Kali Charan and Ganeshi, PW 2, were grazing their cattle in the field situate at a short distance. The accused-appellant, a resident of the village, cajoled Vineshwari to a..

Posted in Criminal Law 1 comments |   1884 hits

Demand for bribe and its acceptance by public servant :

 01 June 2012

Facts : Gajendra Jagatsinh Jadeja, was residing in Plot No. 1 in Virbhadranagar Society. As in the City Survey Office record, the name of his grandfather stood recorded in respect of the premises in question, the complainant in order to obtain the ..

Posted in Criminal Law |   2868 hits

Benefit Of Doubt in Rape Charges ( Section 376 IPC )

 30 May 2012

Facts : Smt. Indira filed an FIR to the effect that when she was going from village Khirki to Chirag Delhi on that day at about 8 p.m., the appellant met her near Ganda Nala, he caught hold of her hand and dragged her and committed rape on her. Sh..

Posted in Criminal Law 5 comments |   21364 hits

As per sec 145 (1) the complainant must be orally examined before the accused is summoned to cross-examine

 08 May 2012

Soon after the registration of the FIR referred to in the foregoing paragraph, the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 on 24.9.2004. The aforesaid complaint was made against respondent no.2, Mrs.Ve..

Posted in Criminal Law 1 comments |   2513 hits

The Court can reject the application of compounding of offence under sec 147 of NI Act in the absence of settlement between parties

 03 May 2012

In the above mentioned complaint filed by the respondent, it has been averred that in the year 2007, a payment of Rs. 4,50,000/- was made to the petitioners as part payment for purchasing a flat in the project named “Shivkala SRS Glamour”, which was ..

Posted in Criminal Law |   2434 hits

Suppressing the material fact and filling successive petition amounts to abuse of the process of Court

 25 April 2012

Facts and circumstances giving rise to this petition are that present petitioner Ram Dhan lodged an FIR dated 4.6.1995 alleging that his son Dinesh had disappeared and, subsequently, filed a complaint against Balraj alias Billu and others (respondent..

Posted in Criminal Law |   3779 hits

High Court not interfere with the judgment of trial court except in the presence of miss appreciation of evidence or wrong application of law

 11 April 2012

The prosecution alleged that on 30.12.2005 information was received through wireless, by police post East Uttam Nagar that a woman had been stabbed at RZB-36A, Pratap Garden. The SHO reached the spot and found that three or four police personnel from..

Posted in Criminal Law 2 comments |   1745 hits

Anti-social elements have found their safe haven in Supreme Court and such comment subject to the contempt of this court

 31 March 2012

Facts : An FIR dated 15.9.1998 was lodged against the petitioner and one other person under Section 7 of Essential Commodities Act, 1955 (hereinafter called the Act 1955) as they were found in possession of 1370 litres of blue kerosene and indulgin..

Posted in Criminal Law 2 comments |   1652 hits

Scope of the inherent powers vested in the High Court under Section 482 of the Code

 22 March 2012

Facts: On receipt of a complaint, the civil supply department of the State Government initiated an inquiry against the said concern, relating to the processing of paddy for and on behalf of the Food Corporation of India.- The respondent filed yet ..

Posted in Criminal Law |   2362 hits

Intention to be proved to alleged anyone for criminal activity

 30 January 2012

An FIR was filed on 23.3.1980 at 2.50 A.M. with the Police Station Harduwaganj, District Aligarh that on 22-23/3/1980 at about 12 O’clock, Jalsur (PW.2) – complainant and his Uncle Onkar Singh (deceased) were sleeping on the roof of their house in th..

Posted in Criminal Law |   1509 hits

As per the constitution and code of criminal procedure the legal proceeding without giving legal assistance to the accused cannot be regarded as fair trial

 23 January 2012

In my opinion, the right of a person charged with crime to have the services of a lawyer is fundamental and essential to fair trial. The right to be defended by a legal practitioner, flowing from Article 22 (1) of the Constitution has further been fo..

Posted in Criminal Law |   2857 hits

Power under Article 136 of Constitution can be exercised even I Suo motu when court satisfied that the ground for its exercised exist

 21 January 2012

The appellant herein, Madhu Kalikutty Panicker (hereinafter referred to as “Madhu”) was charged along with Sibi Bhaskaran (hereinafter referred to as “Sibi”) for offences punishable under Section 302 and 392 read with Section 34 of the Indian Penal C..

Posted in Criminal Law |   2890 hits

Amendment to be made in existing Rule that all dangerous prisoner shall not be taken out of jail in public or private vehicle and information to be given to SP in written

 19 January 2012

On March 23, 2001, a gang of four criminals comprising of Rambabu Gadariya, Dayaram, Pratap and Gopal, while returning from Dabra to Gwalior after attending court, escaped from the police custody. Allegedly, these four criminals escaped with the help..

Posted in Criminal Law |   1432 hits

Arushi-hemraj murder case ( sec 190 (1)(b) Cr.P.C) - Cognizance on the basis of circumstantial evidences

 17 January 2012

The case arises out of murder of a young girl namely, ‘Aarushi’ in her own residence and also the murder of one Hemraj, a domestic help. The prime suspect in the murder was Mr and Mrs talwar ( Parents of the deceased girl arushi ), Initially, the inv..

Posted in Criminal Law |   2361 hits

Transfer Petition filed under sec 9of Hindu marriage Act is to be allowed and transfer the same along with all the records

 13 January 2012

On 6th December, 2008, the Respondent No.1, husband, filed an application under Section 9 of the Hindu Marriage Act, 1955 (Case No.609 of 2008) against the Petitioner, for restitution of conjugal rights. Unable to bear the shock of the incidents, whi..

Posted in Criminal Law |   4094 hits

The State has been granted power to curb the right of personal liberty of an individuals under Criminal law and also under law of preventive detention

 11 January 2012

Under the Detention Order No.Cril/NSA/No.10 of 2011, Imphal, the 31st January, 2011, issued by the District Magistrate, Imphal West District, Manipur, the Appellant’s husband, Yumman Somendro @ Somo @ Tiken, was detained under the provisions of the N..

Posted in Criminal Law |   1285 hits

When a person released on bail from competent criminal court than caution should be taken for scrutinizing validity of the order of preventive detention on the same basis

 09 January 2012

The legality of the detention order dated January 10, 2011 was challenged by the present appellant, who is son of the detenu, in the Bombay High Court at Aurangabad Bench, Aurangabad. The Division Bench of that Court dismissed the Criminal Writ Petit..

Posted in Criminal Law |   1720 hits

Detention order passed after due application of mind and on the basis of proper material record is valid

 05 January 2012

The petitioner has alleged that one Surender Singh s/o Charan Singh was holder of valid PS-3 licence for the year 2010-2011 for sale, purchase and storage of Poppy Straw and Poppy Powder upto total quantity of 5000 KG. Shri Surender Singh was carryin..

Posted in Criminal Law |   1592 hits

As per sec 142 No Court take cognizance of offence punishable under sec 138 in the absence of application within the limitation period or with sufficient cause after limitation period

 02 January 2012

This is a petition under Section 482 CrPC assailing the order dated 11.11.2009 of the learned M.M., Dwarka Courts whereby the application under Section 142 of the Negotiable Instruments Act (for short, the „Act‟) filed on behalf of the complainant/re..

Posted in Criminal Law |   4373 hits

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