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Supreme Court opined that the Jharkhand High Court fell into error in adopting such a casual approach and set aside the impugned order. Thus, granted bail to the husband.
Gurgaon Court: In a complaint filed under Section 190 of the Code of Criminal Procedure , 1973 (‘CrPC’) to take cognizance of
The petitioners were duty bound to supply packaged drinking water of IRCTC’s brand called Rail Neer but instead have been supplying other packaged drinking water, a brand cheaper than Rail Neer, but claiming reimbursement at the rate of Rail Neer causing loss to the Government Exchequer.
“Offences of forging documents for transferring ownership of land worth crores are grave in nature. Hence, while it is extremely important to protect the personal liberty of a person, it is equally incumbent to analyse the seriousness of the offence and determine if there is a need for custodial interrogation.”
Supreme Court also reiterated that the grant of sanction is nowhere contemplated under Section 167 of the CrPC.
The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.
Allahabad High Court noted that Special Investigation Team has been vigorously and vigilantly conducting the investigation into the FIR and it has also been provided all the requisite paraphernalia needed for appropriate investigation of the crime.
The Court said that offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case.
Delhi High Court observed that while grave allegations have been made qua the applicant with regard to connivance/conspiring with the promoters and other co-accused, no allegation with regard to his receiving benefits has been made.
Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.
Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence
It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.
LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.
The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.
To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.
A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.
Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order
The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.