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In the present case, the petitioner was convicted in three separate cheque dishonour cases under Section 138 of the Negotiable Instruments Act arising from a single loan transaction and was sentenced to pay substantial fines, with three months’ simple imprisonment in default in each case.
This report covers the Supreme Court’s Never Reported Judgment on power of Supreme Court to transfer cases dating back to the year 1955.
The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.
by Aditya Malhotra* and Pranay Maladi**
The Officer In-charge will ensure that identity of women and child victims will not be disclosed in certain cases.
“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”
“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”
“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 4731 of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”
The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.
A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.
The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.
Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.
At this stage, averments made in the petition that the allegations levelled against accused is false, cannot be looked into while exercising powers under Section 528 of the Nagarik Suraksha Sanhita, 2023.
By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.
The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.
“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”