CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Investigation
‘Investigation cannot linger for years’; Bombay HC rebukes Mumbai Police for four-year-long delay in filing charge sheet in fraud case involving 600 investors
“Investigation cannot be permitted to linger on for years, keeping the investors in the lurch, not knowing what is the outcome of the case.”
Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)
The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.
Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
Seizing phone and SIM card essential for forensic examination; Madras HC orders priority review of accused’s phone and future consideration for return
“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”
Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court
The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years
In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.
CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**
MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused
“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”
BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court
The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”
When can CBI be involved in an investigation? Kerala High Court answers
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
CCI’s Obligation to Put Parties under Investigation to Notice — An Analysis of a Recent Madras High Court Ruling
by Neelambera Sandeepan* and Srivaishanavi R.**
[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR
FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.
‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil
In a landmark ruling, the Delhi High Court unequivocally dismissed the antiquated notion of ‘pardanashin,’ affirming that a woman’s dignity transcends cultural stereotypes like the veil. Upholding fundamental rights, the court emphasized that dignity is intrinsic to every individual, irrespective of religious practices.
Delhi High Court dismisses petition seeking investigation into financial irregularities by Indiabulls Housing Finance Limited
“The petitioner is an organisation alleging circular financial transactions, violations of statutes, and private wealth creation from public funds. Regulatory bodies, including the Ministry of Corporate Affairs, RBI, SEBI, and NHB, are implored to take swift action in response to the serious allegations.”
Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court
“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”
‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason
“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”
West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation
Calcutta High Court noted that upon its intervention, the investigating agency had taken appropriate steps in the investigation, including the arrest of some accused and the issuance of warrants against the absconding ones.
Delhi High Court directs State to notify mode and manner for compliance of Section 173(2)(ii) CrPC
As on date, there are no rules prescribed by the State Government which provide a particular method of communicating the complainants/informants as per Section 173(2)(ii) CrPC to ensure uniformity, transparency and effective implementation of the provision, in its letter and spirit.
Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”