ACQUITTAL
CHHATISGARH HIGH COURT | Husband accused of having unnatural sex with wife under S. 377 IPC leading to her death, acquitted
In a criminal appeal filed by a husband convicted and sentenced under Sections 376, 377, and 304 of the Penal Code, 1860 (‘IPC’) for the rape and subsequent death of his wife, the Single Judge Bench of Narendra Kumar Vyas, J., allowed the appeal holding that no offence under Sections 376 and 377 could be committed between a husband and wife, and the impugned order of conviction suffered from perversity as the Trial Court provided no finding as to how the offence under Section 304 was made out. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; Two teachers acquitted in assault case
In a set of two revision petitions filed by two teachers convicted under Sections 294 and 357 of the Penal Code, 1860 (‘IPC’) against the judgment of conviction as well as the judgment rejecting the appeals filed by the convicts, a Single Judge Bench of Harpreet Singh Brar, J., allowed the revision petitions reiterating that since Section 275(4) of the Code of Criminal Procedure, 1973 (‘CrPC’) was mandatory, the non-signing of witness depositions by the Magistrate was fatal to the prosecution case. The Court also reiterated that a witness’s testimony could not be read into evidence till the opposite party was granted an opportunity to cross-examine. Read more HERE
KERALA HIGH COURT | ‘Ought to have complied with Section 115 of Mental Healthcare Act’; Conviction of a mother who killed her infant son and then attempted suicide, set aside
In an appeal filed by the appellant (‘accused’), challenging her conviction and sentence imposed under Sections 302 and 309 of Penal Code, 1860 (‘IPC’), the Division Bench of Raja Vijayaraghavan V and P.V. Balakrishnan*, JJ., when the Act came into force on 07-07-2018, the Trial Court, in compliance with Section 115 of the Mental Healthcare Act, 2017 (‘the Act’), ought to have, desisted from proceeding with trial of the case and pronouncing the judgement. Further, in the present case, no material had been adduced to show that the accused was not having severe stress. Thus, the Court stated that conviction and sentence imposed against the accused could not be sustained and accordingly, set aside the impugned judgment. Read more HERE
ARREST
BOMBAY HIGH COURT | ‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Matter referred to Larger Bench
In a case wherein, the petitioner-accused was apprehended for carrying the contraband and FIR under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’) was lodged, he stated that his detention was illegal because the grounds of arrest were not given to him in writing at the time of arrest, the Division Bench of Sarang V. Kotwal* and S.M. Modak, JJ., referred the following questions for consideration to a Larger Bench:
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Whether the ratio of the decisions in Pankaj Bansal v. Union of India, (2024) 7 SCC 576 (‘Pankaj Bansal Case’), Ram Kishor Arora v. Enforcement Directorate, (2024) 7 SCC 599, Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254 (‘Prabir Purkayastha Case’), were applicable to Section 501 of the Criminal Procedure Code, 1973 (‘CrPC’) and involving the offences under the other statutes than Prevention of Money Laundering Act, 2002 (‘PMLA’) and Unlawful Activities (Prevention) Act, 1967 (‘UAPA’)?
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Whether Section 50 of CrPC mandated the furnishing of the grounds of arrest in writing to the accused? Read more HERE
BAIL
CHATTISGARH HIGH COURT | Bail denied to accused offering High Court Clerk job; Directs for criminal proceedings against person falling for cash-for-job scam
In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) in an FIR registered under Sections 420, 34 of the Penal Code, 1860, a Single Bench of Ramesh Sinha, CJ., rejected the application stating that there was prima facie involvement of the accused in the fraud, and it was not justifiable to grant bail considering the rise of such fraud cases. The Court also remarked how, despite warnings, people were falling for such scams and stated that the complainant was not fully innocent as he paid money to get a job, thus, he was liable to be criminally prosecuted. Read more HERE
DELHI HIGH COURT | Bail denied to accused in fake anti-cancer drug racket and counterfeit Keytruda and Opdyta injections
An application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) and/or Section 439 of Criminal Procedure Code (“CrPC”) read with Section 45 of the Prevention of Money Laundering Act, 2002 (“PMLA”) seeking grant of regular bail in case dated 22-04-2024 registered under Sections 3 and 4 of the PMLA, arising out of FIR dated 12-03-2024 registered at Delhi for offences punishable under Sections 274, 275, 276, 420, 468, 471 read with 120-B and 34 of Penal Code, 1860 (“IPC”). Chandra Dhari Singh, J., declined to release the applicant on bail as the complexity of the financial trail and its potential societal and national ramifications require continued custodial interrogation. Read more HERE
BOMBAY HIGH COURT | ‘If he goes back to his books, it can reform him’; Bail granted to 19-year-old accused in robbery case, opportunity given to continue education
In a bail application filed by a 19-year-old student under Section 439 of the Code of Criminal Procedure, 1973 in an FIR registered under Section 394 read with Section 343 of the Penal Code, 1860, Section 142 of the Maharashtra Police Act, 1951 and Sections 3(1), (ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the accused was a young adult who had missed out on his education and regretted his actions. The Court explained that such an accused should be granted an opportunity in order to reform and rehabilitate him, ensuring that he does not become a hardened criminal. Read more HERE
BOMBAY HIGH COURT | ‘He could not handle the barrage of abuses on him and his mother’; Bail to 20-year-old student accused of murdering his bedridden father
In a bail application filed by a 20-year-old management student under Section 439 of the Code of Criminal Procedure, 1973, accused of murdering his father, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the accused was a young adult who could not handle the repeated barrage of abuses hurled by his father-deceased against him and his mother, and he also confessed to his crime thus, he was worthy of an opportunity to continue his education and reform. The Court added that the accused undoubtedly might have committed the direful act, but one would also have to consider the facts that resulted in the death of the father. Read more HERE
DELHI HIGH COURT | Proximity at workplace results in consensual relationships which on turning sour get reported as crimes; bail granted
A bail application was filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section 528 of BNSS earlier known as 439 of Criminal Procedure Code (‘CrPC’) read with Section 482 CrPC was filed on behalf of the applicant for grant of regular bail in FIR under Sections 376, 377, 506, 509 and 323 of Penal Code, 1860 (‘IPC’), registered at Police Station Samaypur Badli, Delhi. Neena Bansal Krishna, J., granted bail to the applicant as the veracity of allegations levelled against the applicant shall be tried during trial which is likely to take some time. Read more HERE
MADHYA PRADESH HIGH COURT | Bail granted to rape accused with condition to handover documents, electronic gadgets, social media access for investigation
In an anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Section 438 of CrPC, a single-judge bench of Devnarayan Mishra, J., granted anticipatory bail to the applicant with strict conditions, including cooperation with the investigation and submission of digital evidence. Read more HERE
MADRAS HIGH COURT | Bail denied to Rahul Dinesh Surana, VP of Surana Power Ltd., alleged to have indulged in cheating of Banks and siphoning off public money
The present petition was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 212(6) of the Companies Act, 2013 (‘the Companies Act’), seeking enlargement of the petitioner on bail in a case on the file of the XV Additional City Civil Court, Chennai/Special Court for trial of SFIO Cases. A Single Judge Bench of A.D. Jagadish Chandira, J., opined that petitioner was alleged to have indulged into cheating of Banks and siphoning off the public money using puppet Companies, writing off the stocks, inventories and receivables and thus was facing serious economic offences and fraud of a great magnitude. The Court held that the present petition seeking bail could not be entertained as the presence of the petitioner was required at the stage of framing of charges. Read more HERE
BOMBAY HIGH COURT | Bail to a 70-year-old man who allegedly conspired for slitting girl’s throat as a human sacrifice
Applicant 2, Mohansingh Naik was seeking bail in a case registered with Dhebewadi Police Station, Satara for the offences punishable under Sections 302, 201, 120-B, and 34 of the Penal Code 1860 (‘IPC’) and Section 3 of Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. A Single Judge Bench of Shivkumar Dige, J., after noting that the applicant was more than 70-year-old and was behind bars for more than two years, opined that even though the charges were framed, the trial might take time to conclude as it had not commenced yet. Thus, the Court granted bail to Applicant 2. Read more HERE
CALCUTTA HIGH COURT | Bail granted to delivery boys of ‘Delhivery Ltd’ for not being in conscious possession of contrabands
In a bail application filed by the implicated delivery boys of Delhivery Limited under Narcotic Drugs and Psychotropic Substances Act, 1985, a division bench of Tapabrata Chakraborty, and Prasenjit Biswas, JJ., granted bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be a local, to the satisfaction of the Additional Sessions Judge, 1st Court (NDPS) at Cooch Behar with a further direction that the petitioners should meet with the investigating officer twice a week till the investigation is complete. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Legitimate personal account or homage’; Anticipatory bail granted to Manjinder Makha, author of book on Sidhu Moosewala’s murder
In an anticipatory bail application filed by Manjinder Singh, also known as Manjinder Makha, the author of the book “The Real Reason Why Legend Died” (‘the book’) written about the death of Sidhu Moosewala, for an FIR registered under Section 356(3) of Bharatiya Nyaya Sanhita, 2023, a Single Judge Bench of Sandeep Moudgil, J., allowed the application holding that there was no valid or cogent reason to deny the bail as the book was a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally. Read more HERE
BOMBAY HIGH COURT | ‘Not a sexual predator but a young person involved in consensual relationship’; Bail granted to 22-year-old man accused of raping his 16-year-old girlfriend
In a bail application filed by a 22-year-old man under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) accused of raping his 16-year-old girlfriend, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the parties were prima facie in a long-standing consensual relationship which did not amount to an offence that would justify his custody. Read more HERE
DELHI HIGH COURT | ‘Long incarceration can lead to depression, anxiety, drug abuse’; Bail granted to a man in custody for over 9 years
In the present case, applicant-accused filed an application for bail under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) in a crime registered with Dindoshi Police Station, Mumbai for the offences punishable under Sections 302, 397, and 34 of the Penal Code, 1860 (‘IPC); Sections 4 and 25 of Arms Act, 1959 and Sections 37(1) and 135 of the Maharashtra Police Act, 1951. A Single Judge Bench of Milind N. Jadhav, J., opined that long incarceration exposed under-trial accused to carceral environment which could be inherently damaging to the mental health of the under-trial accused coupled with the appalling conditions in the prisons. The Court, after considering the applicant’s long period of incarceration, that is, 9 years and 25 days, directed that he should be released on bail. Read more HERE
PUNJAB AND HARYANA HIGH COURT | Anticipatory bail plea rejected in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud
In an anticipatory bail application filed for an FIR registered under Sections 308(2), 319(2), 318(4), 351(2), 61(2) of the Bharatiya Nyaya Sanhita and Sections 66-C and 66-D of Information Technology Act, 2000, a Single Judge Bench of Mahabir Singh Sindhu, J., dismissed the application stating that it was clear that the accused along with his co-accused had defrauded the complainant of Rs 7 Crores. The Court also remarked that for a thorough investigation of the modus operandi employed by the accused, his custodial interrogation was necessary. Read more HERE
BOMBAY HIGH COURT | ‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bail granted to 24-year-old accused of raping his then 14-year-old girlfriend
In a bail application filed by a 24-year-old who was incarcerated for more than five years for allegedly raping his 14-year-old girlfriend when he was 19 years old, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the victim had sufficient knowledge and capacity to know the full import of her actions and had voluntarily stayed with the accused. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Accused cannot be made to suffer due to police official’s error’; Trial Court’s order recalling denial of anticipatory bail, upheld
In a petition filed under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the cancellation of anticipatory bail granted to respondents-accused persons by the Trial Court vide the impugned order, a Single Judge Bench of Manjari Nehru Kaul, JJ., dismissed the petition holding that the facts presented an exceptional situation where recalling the earlier order was warranted to ensure that justice was not compromised due to an inadvertent error. Further, the Court held that the petitioner failed to demonstrate any compelling reason justifying the cancellation of bail, as the impugned order did not suffer from any legal infirmity or jurisdictional overreach. Read more HERE
BIGAMY
CHHATTISGARH HIGH COURT | Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC
In a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing the criminal proceedings for offences registered under Sections 498-A and 494 read with Section 34 of the Penal Code, 1860 (‘IPC’), a Single Judge Bench of Arvind Kumar Verma, JJ., allowed the petition holding that the petitioner (‘second wife’) could not be prosecuted under Section 494 as only the married person or the erring husband/ wife would be held liable for bigamy. Read more HERE
CRIMINAL TRIAL
DELHI HIGH COURT | ‘Expedition of trial cannot be at cost of fairness’; Cross examination of Head Constable permitted in Delhi riots case
In a petition filed under Articles 226/227 of the Constitution read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to direct Trial Court to recall Head Constable ‘S’ for cross-examination in a case pending before Sessions Court, Anup Jairam Bhambhani, J., noted that the record showed that in the statement recorded by the Head Constable under Section 161 the Criminal Procedure Code, 1973 (‘CrPC’), he had nowhere mentioned the petitioner (‘accused’), and yet during his examination-in-chief on 24-01-2025, i.e., almost 05 years later, the witness identified the accused in Court. Read more HERE
DISCHARGE
DELHI HIGH COURT | Mere threats not with intention to cause alarm would not constitute criminal intimidation; Discharge of accused in sexual assault case, upheld
A petition was filed by ‘X’ challenging the order dated 20-08-2019 (‘impugned order’) passed by the Additional Sessions Judge-Special FTC (‘ASJ’), Patiala House Courts, pursuant to which Respondent 2 to 5 were discharged in FIR dated 31-01-2019, registered at Police Station RK Puram, for the offences under Sections 376 and 506 of Penal Code, 1860 (‘IPC’). Amit Mahajan, J., held that the Trial Court has evidently applied its judicial mind and considered the totality of the facts before discharging Respondent 2 — 5 of the alleged offences considering the absence of grave suspicion against them. Read more HERE
JUVENILES
RAJASTHAN HIGH COURT | ‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right
In a writ petition challenging the petitioner’s termination of employment based on his previous juvenile conviction, which came to light during police verification, a single-judge bench of Anoop Kumar Dhand, J., held that termination of petitioner’s employment based on an expunged juvenile conviction is against the principles of juvenile justice and rehabilitation and quashed the termination order with direction to reinstate the petitioner with all consequential benefits. Read more HERE
PAROLE
DELHI HIGH COURT | Custody parole granted to jailed MP Abdul Rashid to attend parliamentary session
A petition was filed seeking to direct the special designated NIA court to expeditiously pronounce the Order on the second regular bail application of the Petitioner dated 20-08-2024 in case arising out of FIR dated 30-05-2017 and set aside the order dated 23-12-2024 passed by Trial Court and to treat the instant petition as the second bail application, and adjudicate and grant regular bail to the Petitioner who has been arraigned as Accused 18. Vikas Mahajan, J., granted custody parole to the petitioner for two days i.e. on 11-02-2025 and 13-02-2025 to attend the ongoing Parliamentary Session subject to certain conditions. Read more HERE
PUNJAB AND HARYANA HIGH COURT | Order denying parole to NDPS convict on mere assumption of reoffending during elections, quashed
In a petition filed seeking to quash the order passed by Deputy Commissioner-cum-District Magistrate- respondent 5 denying parole to the petitioner-convict, a Single Judge Bench of Mahabir Singh Sindhu, J., allowed the petition and granted eight weeks of parole holding that the convict’s plea was denied merely on assumptions of reoffending during Elections, which would have disrupted them. Read more HERE
PMLA
DELHI HIGH COURT | PMLA proceedings by ED against Bhushan Power & Steel Ltd. in view of Section 32A of IBC, set aside
A petition was filed by Bhushan Power and Steed Limited under Article 226 read with Section 482 of Criminal Procedure Code (CrPC) seeking quashing of case filed under Section 3 and 4 of the Prevention of Money Laundering Act, 2002 (PMLA) and all consequential proceedings arising out of or emanating therefrom including the order issuing process dated 17-01-2020 passed by the Special Judge qua the petitioner company. Manmeet Pritam Singh Arora, J., partly allowed the petition and the order dated 17-01-2020, taking cognizance and issuing process against the Petitioner Company, was set aside. Read more HERE
POCSO
DELHI HIGH COURT | ‘Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion’; Acquittal of POCSO accused, upheld
In an application seeking leave to appeal challenging the judgment dated 10-02-2020, wherein the respondent (‘accused’) was acquitted under Section 4 of Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Jasmeet Singh, J., stated that the societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that were free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion. Considering the overall factors, the Court stated that the impugned judgment dated 10-02-2020, was well reasoned and did not require any interference, and accordingly, dismissed the present appeal. Read more HERE
BOMBAY HIGH COURT | ‘Victim sensed a bad touch, so her instinct must be believed’; Former Army Officer’s sentence under POCSO Act, upheld
The petitioner challenged the judgment and order dated 17-01-2024 passed by the Armed Forces Tribunal, Mumbai (‘AFT’) and the judgment and order dated 19-03-2021 passed by the General Court Martial (‘GCM’) convened by the respondents, to try the petitioner for offences punishable under Section 69 of the Army Act, 1950 (‘the Army Act’). The Division Bench of Revati Mohite Dere and Neela Gokhale, JJ., stated that the victim immediately sensed a bad touch when the petitioner-accused touched her thigh, and thus her instinct of identifying a bad touch of the petitioner must be believed. The Court held that it did not find any jurisdictional error with the findings of the GCM and AFT and there was not any violation of the fundamental rights of the petitioner. Read more HERE
PRACTICE AND PROCEDURE
ORISSA HIGH COURT | Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS, reiterated
In a criminal petition seeking registration of First Information Report (FIR), the Bench of G. Satapathy, J. the Court reiterated that the correct approach in case of non-registration of FIR is to approach the jurisdictional Magistrate by invoking the provisions of law. Read more HERE
BOMBAY HIGH COURT | ‘Police thoroughly followed the legal procedure’; Trial Court’s view that informing grounds four minutes after arrest was not unreasonable, upheld
In a writ petition filed against the order passed by the Sessions Court wherein the accused’s claim regarding violation of his fundamental right to know the grounds of his arrest under Article 22(1) of the Constitution was rejected, a Single Judge Bench of Dr. Neela Gokhale, J., rejected the writ petition holding that the police had thoroughly followed the legal procedure and there was no violation of the fundamental right of the accused. Read more HERE
CALCUTTA HIGH COURT | Practice directions issued for delays in dispatching Trial Court Records to High Court
The present case arises from concerns regarding the transmission of Trial Court records to the High Court, particularly the delays and irregularities observed in their dispatch. A division bench of Subhendu Samanta and Joymalya Bagchi, JJ., issued practise directions to address the delays and irregularities in the transmission of Trial Court Records to High Court. Read more HERE
PUNJAB AND HARYANA HIGH COURT | Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death
In a set of two appeals, during the pendency of which, the appellants (‘convicts’) expired, a Single Judge Bench of Anoop Chitkara, J., dismissed the appeals as abated holding that in such cases where the Court had stayed the payment of fine upon conviction and the legal heirs did not seek permission for continuing the appeal or substitution under Section 394(2) of Code of Criminal Procedure, 1973 (‘CrPC’), the appeals could not continue. Read more HERE
RAJASTHAN HIGH COURT | S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty
In a criminal revision against trial court’s order framing charges against the custom officers (petitioners) without obtaining prior sanction under Section 197 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench of Manoj Kumar Garg, J., quashed the trial court’s impugned order as it violates Section 197 CrPC which requires prior government sanction for prosecution against public servants in relation to an act done in discharge of official duty, even if excessive force is used. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
DELHI HIGH COURT | ‘Fully aware of the familial relationship’; Declines to quash Section 376 FIR, finds prima facie case
A petition was filed under Section 482 of Criminal Procedure Code (‘CrPC’) (now under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023) seeking quashing of FIR registered for the offence punishable under Section 376 of Penal Code, 1860 (‘IPC’) and the consequential proceedings emanating therefrom. Chandra Dhari Singh, J., refused to quash the FIR as no compelling material or evidence was placed on record to establish that the continuation of criminal proceedings in the present case amounts to an abuse of the process of law. Read more HERE
PUNJAB AND HARYANA HIGH COURT | ‘Court’s dignity not so brittle that it shatters with stone thrown by madman’; False claim of illegal property grabbing by judges, rejected
In a petition filed by an advocate under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’) seeking direction to register the FIR in the present case against the respondents, which included two advocates and four judicial officers, claiming that they had grabbed public property in collusion with each other by misusing their positions, a Single Judge Bench of N.S. Shekhawat, J., rejected the petition holding that the petitioner’s allegations were vague and baseless and he was guilty of undermining the dignity of the Court. The Court also directed the petitioner to deposit Rs 25,000 with the PGI Poor Patient Welfare Fund, Chandigarh, within two months. Read more HERE
DELHI HIGH COURT | Precise definition of the word “forthwith” in Section 50 CrPC, analysed; Set aside arrest due to non-compliance
A petition was filed under section 482 CrPC challenging the order dated 18-05-2024 passed by the Metropolitan Magistrate, Tis Hazari District Courts, Delhi whereby the Magistrate remanded the petitioner to police custody for 02 days in FIR registered under sections 342, 344, 365, 368, 370, 370(A), 372, 373, 376, 120-B and 34 of Penal Code, 1860 (IPC) and Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act 1956 (ITP Act). Anup Jairam Bhambhani, J., set aside the arrest of the petitioner on the grounds of non-compliance of the mandatory requirements of section 50 of the CrPC and Article 22(1) of the Constitution. Read more HERE
BOMBAY HIGH COURT | Case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles, quashed
In the present case, the applicants challenged the complaint lodged on 04-04-2016 by the Food Safety Officer, wherein the applicants were charged for violation of Sections 26(2)(i), 27(2)(c) read with Section 3(1)(zz) of the Food Safety and Standards Act, 2006 (‘FSS Act’), and Regulation 2.12 of the Food Safety Standards (Food Product Standards and Additives) Regulations, 2011, Regulation 2.1.1 of the Food Safety Standards (Contaminants, Toxins and Residues) Regulations, 2011, punishable under Sections 59 and 66 of the FSS Act. The present application was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) for quashing of a summary criminal case pending before the Additional Chief Judicial Magistrate, Nagpur. A Single Judge Bench of Urmila Joshi-Phalke, J., opined that the report of the Food Analyst dated 31-12-2015 lost its significance as the samples were not analyzed by the Accredited Laboratory under Section 43 of the FSS Act and, therefore, the report which was the foundation for launching the prosecution against the applicants could not be relied upon. The Court thus quashed the summary criminal case. Read more HERE
DELHI HIGH COURT | ‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; FIR quashed against husband and his family
In a petition filed for quashing the FIR dated 06-10-2017, registered for offences under Section 498-A and 34 of the Penal Code, 1860 (‘IPC’), Amit Mahajan, J., noted the increasing tendency of implicating the husband and his family in matrimonial litigation in a number of cases. While the provision of Section 498-A of IPC was introduced with an object to combat harassment meted out to married woman, but it was abysmal to note that the same was now also being misused as a tool to harass the husband and his family members and gain a leverage. Read more HERE
DELHI HIGH COURT | Doubts raised on the alleged shooting FIR lodged by nightclub mogul; Matter referred to the Trial Court
A petition was filed by Amandeep Singh Batra, a music video producer under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 read with Articles 226/227 seeking quashing of FIR under Sections 307, 34 and 120-B IPC and Sections 25 and 27 Arms Act, registered at Police Station Vasant Kunj (South), New Delhi and charge sheet filed therein and order dated 28-08-2023 taking cognizance along with consequential proceedings emanating therefrom. Neena Bansal Krishna, J., dismisses petition raising doubts the truthfulness and merits of the contentions raised which are to be considered during the trial. Read more HERE
RAJASTHAN HIGH COURT | No vicarious liability of Daughter for merely receiving money from father involved in fraud case; FIR quashed
In a petition filed by a daughter (petitioner) seeking quashment of FIR against her for hatching criminal conspiracy with her father (accused) with regard to causing loss to the complainant, a single-judge bench of Farjand Ali, J., held that the rule of vicarious liability is not applicable in the present matter as no case is made out for the prosecution to book the petitioner as an accused. Read more HERE
RAJASTHAN HIGH COURT | ‘Justice not a privilege for well-informed/well-represented’; 23-yr-old tree felling criminal case ‘in rem’, quashed
In a petition filed seeking quashment of criminal proceedings for constructing of the road without approval from the Forest Department and subsequent cutting of tree under, a single-judge bench of Farjand Ali, J., quashed the criminal proceedings and extended the benefit to all accused, served or unserved and further held that even if some accused did not approach the court, proceedings could be quashed in rem. Read more HERE
CALCUTTA HIGH COURT | Case against man accused of mocking West Bengal CM Mamata Banerjee on YouTube, quashed
A criminal revisional application was filed under Section 482 of the Criminal Procedure Code, 1973 by the petitioner seeking quashing of proceedings in a case registered under Sections 153, 500, 501, 509, 505, and 120-B of the Penal Code, 1860 being accused of broadcasting derogatory content against the Chief Minister of West Bengal and other political leaders on YouTube, allegedly with the intent to provoke unrest and disrupt social harmony. Ajay Kumar Gupta, J., quashed the proceedings due to the absence of any sufficient or cogent evidence or even prima facie case against the petitioner. Read more HERE
