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Shortly before his scheduled execution, the applicant sought permission to bring a criminal review application challenging his conviction for trafficking in diamorphine. The application centred on allegations concerning the chain of custody of the drug exhibits, despite the fact that no such challenge had been raised at trial or on appeal.
The High Court held that a solitary Instagram compliment, however inelegant, cannot be forced into the statutory mould of voyeurism, stalking, or insult to a woman’s modesty without proof of the essential ingredients of those offences.
“Permitting further proceedings against the neighbor would become an abuse of the process of the law and result in miscarriage of justice.”
“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”
‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’
“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”
“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”
by Vasanth Rajasekaran* and Harshvardhan Korada**
The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.
Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.
“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”
“When the testimonies of the eye-witnesses suffer from fatal flaws, to sustain conviction on the basis of such unreliable evidence would surely amount to miscarriage of justice”
Calcutta High Court noted that the victim was a minor on the date of the alleged suicide, which prima facie invoked Section 305 of the IPC.
The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.
Allahabad High Court: In a bail application filed by the applicants for quashing the proceedings and setting aside the bail
National Consumer Disputes Redressal Commission (NCDRC): A Coram of Justice R.K. Agrawal (President) and Dinesh Singh (Member), disposed of a case centered
Allahabad High Court: Ram Krishna Gautam, J., dismissed this Application moved under Section 482 CrPC for being devoid of merits. Counsel for
Gauhati High Court: Reiterating that mere likelihood of suspicion cannot be a reason to charge someone for an offence, Rumi Kumari Phukan, J.
Anshuman Sakle, Partner, Dhruv Rajain, Senior Associate and Balaji Venkatakrishnan, Associate, Cyril Amarchand Mangaldas
Cite as: (2019) PL (Comp. L) February 82