Quashing of FIR-FIR
quashed where valid civil transaction lacked fraudulent intent and mere deficit
in court fee did not attract forgery or cheating under IPC.
Both Trial Court and High Court made errors in convicting accused 1 due to a misreading of evidence, leading to conclusion that accused 1 is acquitted of all charges and must be released if not involved in other cases.
Recalling of witness-Application
under Section 311 CrPC allowed to facilitate fair cross-examination; earlier
rejection set aside subject to cost of 25,000.
Acceptance of C Summary
Report without judicial application of mind and solely on informants no
objection is improper; matter remanded for fresh consideration.
Impugned order of conviction set aside and accused were acquitted, as chain of circumstantial evidence needed for conviction was not established, leading the Court to conclude there was reasonable doubt.
Bail will remain in effect pending trial, contingent on compliance with outlined conditions, with potential cancellation for any breaches hence, impugned judgment revoking orders granting bail stands set aside.
FIR and consequential charge sheet, pending before trial Court, are quashed, as essential elements of cheating and forgery are not clearly established.
Improper conviction
under BNSS-Conviction under Section 385 of BNSS set aside where Judge failed to
refer matter to jurisdictional Magistrate and remand handling was procedurally
irregular.
Discrepancy creates ambiguity regarding amount, rendering notice invalid despite inclusion of cheque number hence, impugned order to quash notice was appropriate and lawful.
Rejection of delay
condonation without hearing suspension of sentence application violates
judicial procedure; order set aside.
Investigation of certain crimes will be transferred to Cyber Crime Police Station in Coimbatore, with materials and evidence to be examined by Investigating Officer in Crime No. 123/2024 and process will advance quickly.
Habeas corpus-Writ for
release rejected where petitioners were in custody under valid remand orders
and had legal representation, despite initial delay in production before
Magistrate.
Conviction under
Section 302 IPC upheld where chain of circumstances, including accuseds conduct
and disappearance, established guilt beyond reasonable doubt.
Once S.B. Criminal Writ Petition No. 2244 of 2024 was dismissed, subsequent petition could not be entertained as it merely altered the label while maintaining the same substance.
FIR quashed where
allegations, though well-drafted, were found to be malicious and instituted
with ulterior motives; ingredients of offence under Sections 415 and 420 IPC
not made out even if FIR taken at face value.
Discharge application
rejected where prima facie material showed public servant demanded and accepted
gratification; sufficient evidence exists to frame charge under Sections 7,
13(1)(d), 13(2) of Prevention of Corruption Act.
Acquittal under
Prevention of Corruption Act upheld where prosecution failed to prove demand
and acceptance of bribe through consistent and independent evidence.
Arrest without timely
communication of grounds and after sunset held violative of Article 22(1) of
Constitution and Section 50A CrPC; bail granted in economic offence case.
Offences against public
tranquility-Bail granted as applicant cooperated with investigation and no
breach of protection order conditions was found.
Reasonable grounds to
refuse anticipatory bail where charge-sheet discloses financial links between
applicant and co-accused involved in trafficking of mephedrone, a heinous
psychotropic substance.
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