Cruelty – Wife used to harass her husband by closing outer gate, hiding the keys of scooter and crunching his clothes when he would get ready to go to factory – It is cruelty.

Cruelty – Wife publishing notice in newspaper making baseless allegations that her husband was womaniser and drunkard – It is cruelty. Hindu Marriage Act, 1955, Section 13(1)(ia) – Mental cruelty – Law enunciated…

Territorial Jurisdiction in Indian Law: A Comprehensive Overview

Territorial jurisdiction pertains to the geographical area within which a court or other judicial authority has the power and authority to decide cases. In India, the concept of territorial jurisdiction…

Quashing of FIR at Preliminary Stage: A Judicial Perspective

The quashing of First Information Reports (FIRs) at the preliminary stage of investigation is a delicate legal matter that requires careful consideration. The Supreme Court of India has provided valuable…

Permission to go abroad during the pendency of criminal case.

Unlock new horizons with our expert guidance! Seeking permission from the Court to travel abroad during your criminal case? We’re here to make your dreams take flight. Our seasoned legal…

Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents

Preserving Call Details of Investigating Agency During Trial: Legal Imperatives and Precedents Introduction In an age dominated by digital communication, call details have become invaluable pieces of evidence in criminal…

Quashing of Matters which are purely Civil Nature and mostly are related to land or money are given the color of criminality, only for the purpose of exerting extra judicial pressure on the party concerned which is nothing but abuse of process of the court- Such matters are liable to be quashed.

In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, Supreme Court held: “102. In the backdrop of the interpretation of the various relevant provisions of the Code…

Bail under Economic offence-once the investigation is complete, final report/complaint filed and the triple test is satisfied then denial of bail must be the exception rather than the rule

The parameters to be considered while deciding the prayer for bail are well laid down by Apex Court in the case of ‘State through CBI v. Amaramani Tripathi, reported as…

The Maintainability of Section 216 CRPC Applications: A Legal Perspective

Hon'ble Supreme Court of India, have shed light on the maintainability of applications filed under Section 216 CRPC.

Section 42 NDPS Act-Compliance

Section 42 NDPS Act-Compliance

Permission to Go abroad

Seeking permission from the Court to travel abroad during your criminal case? We're here to make your dreams take flight.

Promoting Equality and Justice: The Case for Gender Neutral Rape Laws

Gender-Neutral Rape Laws Introduction Rape is a heinous crime that leaves lasting physical, emotional, and psychological scars on survivors. Traditionally, rape laws have focused on female victims and male perpetrators,…

Landmark Judgment-Adulterous Conduct-Permissibility of DNA test of Child-Supreme Court

Landmark Judgment Adulterous Conduct, Permissibility of DNA test of child

NDPS-Bail-cannot permit the situation to prevail where the person is kept in incarceration for a long period of time with the trial hardly to commence.

PUNJAB AND HARYANA HIGH COURTBefore:- Jaishree Thakur , J. CRM-M No. 8409 of 2022 (O&M). D/d. 24.01.2023. Jagseer Singh and another – Petitioners Versus State of Punjab – Respondents Mr.…

NDPS – Recovery – Investigating Officer told the accused that his search was to be conducted and that he had the legal right to get his search conducted from him or from some police gazetted officer or from some Magistrate – It is the double breach of Section 50.

Section 50 NDPS Act Compliance- Breach, search before gazatted officer mandatory

Default bail – Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency.

Default bail-Criminal Procedure Code, 1973, Section 167(2) - Constitution of India, 1950 Article 21 - Prevention of Corruption Act, 1988, Sections 7, 12 and 13(2) - Indian Penal Code, 1860, Sections 120(B) and 420 - Default Bail - Can a chargesheet or a prosecution complaint be filed in piecemeal without first completing the investigation of the case? - Without completing investigation of case, chargesheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default bail under section 167(2) of the CrPC, 1973 - Held, Supplementary Charge-sheets filed during pendency of investigation just before expiry of 60 days just to scuttle right to Default Bail accrued in favour of Accused - Trial Court mechanically accepting incomplete Charge-sheets and remanding Accused beyond stipulated period - Investigating Agency - Trial Court failed to observe mandate of law and acted in manifestly arbitrary manner and in violation of Fundamental Rights guaranteed to Accused - Interim Order of Bail made absolute.

Recalling of Non Bailable Warrants without presence of accused

recalling of Non Bailable Warrants NBW

Law on Further Investigation-173(8) Cr.P.C.- after acceptance of Final report by Magistrate. Supreme Court

Further Investigation- 173(8) Cr.P.C.- Mandate of Law.  State through Central Bureau of Investigation v. Hemendhra Reddy (SC) : Law Finder Doc Id # 2209496SUPREME COURT OF INDIABefore:- Surya Kant and…

What is Interlocutory Order? Lets understand what Supreme Court says…

Term 'Interlocutory Order' has not been defined in the Cr.P.C. Hon'ble Apex Court in the case o

Case Laws-Permission to go abroad during pendency of criminal case.

Case Laws on Permission to go abroad: To travel abroad is a fundamental right. 1. SUPREME COURT OF INDIA Before:- M.B. Shah and Y.K. Sabharwal, JJ. Petn.(s) for Special Leave…

Landmark Judgment “Arnesh Kumar Vs State of Bihar” 498A IPC and Dowry- Supreme Court on Anticipatory Bail

Arnesh Kumar Vs State of Bihar, Landmark Judgement on Anticipatory Bail by Supreme Court

Power under 406 CrPC to transfer cheque cases from one state to another

The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.

Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person

Below are some of the Case titles along with relevant Findings on the above topic. Judgments on Maintainability of Anticipatory Bail if accused declared Proclaimed Offender PO or Proclaimed Person…

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner

Framing of Charges-Trial Court did not consider the further investigation report while framing charges against the petitioner. Therefore, petitioner challenged the said order of framing charges against him before Hon’ble…

SSP directed by Hon’ble High Court to check the involvement of DSP in illegal activity and pass speaking order. (Direction to Register FIR petition)

Harassment by Police under the influence of private party. IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARHSr. No.107 CRWP No. 654 of 2023Date of Decision : January 24, 2023Sukhdev…

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Default Bail- 167(2) CrPC- Challan Incomplete- Absence of FSL Report- Incomplete Chargesheet

Limitation period in Civil and Criminal cases (Revision and Appeals)

Limitation Period:

Regular Bail under NDPS Act, Commercial Quantity.

Regular Bail under NDPS Act, Commercial Quantity.

Bail NDPS- Buprenorphine and Pheniramine Maleate (Avil)-Judgments

Sr.no. Title Relevant Findings 1. 2022 (1) Law Herald 735 PUNJAB AND HARYANA HIGH COURT Before:- Anoop Chitkara, J. CRM-M-2569 of 2022. D/d. 03.02.2022. Charanjit Kaur – Petitioner Versus State…

Quashing of Complaint under section 138 of Negotiable Instruments Act, 1881

Sought the quashing of complaint filed under section 138 of negotiable instruments act (cheque bounce) and its summoning order on various grounds. The Hon'ble High Court after considering the facts of the case and agreeing with the arguments, issued the Notice as well as stayed the proceedings qua the petitioners. Advocate Anoop Verma Punjab and Haryana High Court, Chanidgarh

2022 Latest Law on 319 CrPC: Supreme Court guidelines.

“I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment…

NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India :

NDPS Suspension of Sentence (Bail): Further incarceration would be violative of the right of the applicant-appellant enshrined under Article 21 of the Constitution of India

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the same would virtually amount to forcing of admission of guilt: Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted by Hon’ble High Court of Punjab and Haryana

An amount of Rs. 5 Lakhs not recovered cannot be made a ground for disentitling to grant of Anticipatory Bail in asmuch as the the petitioner cannot be forced to get such amount recovered as the smae would virtually amount to forcing of admission of guilt:Anticipatory Bail for the offence under section 420, 406, 120-B IPC granted

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship: DELHI HIGH COURT

Bail to the accused under POCSO Act: The intention of POCSO was to protect children below the age of 18 years from sexual exploitation. It was never meant to criminalise the consensula romantic relationship

Filing false and frivolous cases against her husband amounted to cruelty. “Divorce u/s 13 of Hindu Marriage Act, 1955”

Filing false and frivolous cases against her husband amounted to cruelty

Quashing of – Complaints /charge sheets

TELANGANA AND ANDHRA PRADESH HIGH COURT Before:- A. Ramalingeswara Rao, J. Writ Petition Nos. 21422 of 2002; 4687, 8096, 8786 and 17623 of 2010. D/d. 26.9.2014. V. Janardhana Babu and…

Quashing of FIR on the basis of Compromise.

The bench of Justice Anoop Chitkara was dealing with the petition filed under Section 482 CrPC for quashing of the FIR and all consequential proceedings based on the compromise with…

Conviction set aside

The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage…

Section 143-A of the Negotiable Instruments Act, 1881 are directory rather than mandatory.

The Bombay High Court has said that courts don’t have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the…

Quashing of rape case, 376 IPC

While quashing a rape case, the Supreme Court observed that there is a distinction between a false promise to marriage and a breach of promise which is made in good…

The service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the General Clauses Act, which provides a presumption in favour of the complainant that the notice had been delivered.

The Punjab and Haryana High Court recently held that the service of notice upon the accused in cheque dishonour case cannot be denied in light of Section 27 of the…

Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – At the stage of examining an application for bail in the context of the Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty. The Court is also not expected to weigh the evidence for arriving at a finding as to whether the accused has committed an offence under the NDPS Act or not. The entire exercise that the Court is expected to undertake at this stage is for the limited purpose of releasing him on bail. Thus, the focus is on the availability of reasonable grounds for believing that the accused is not guilty of the offences that he has been charged with and he is unlikely to commit an offence under the Act while on bail. (Para 15)

The Supreme Court observed that the expression “reasonable grounds” used in Section 37(1)(b) under NDPS Act would mean credible, plausible grounds for the Court to believe that the accused person…

Evidence of Discovery, Section 27 Conditions

Advocate, Punjab & Haryana High Court, Chandigarh

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India and Various High Courts

Who is Proclaimed Offender? Procedure, its effects & consequences, discussed. How to get the PO order quashed? Absconder in Section 82 CrPC- Judgments, Settled Law by Supreme Court of India…

Mischief: Section 425 IPC, Bail, Quashing

Section 425 IPC : Mischief Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Latest Law on Quashing of FIR 2020

What is Quashing of FIR? Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Generally, quashing of an FIR (first information report) in criminal proceedings means completely stopping the process of the legal proceedings that are in process. Section 482 Cr.P.C enables the High Courts to pass such order of Quashing of FIR to secure the ends of Justice

Anticipatory Bail Not Maintainable After Cancellation Of Regular Bail : Held By Supreme Court Of India

Anticipatory Bail Not Maintainable The Question of Law regarding the maintainability of Anticipatory Bail after the cancellation of regular Bail has been decided by the Supreme Court of India.

Guidelines on Maintenance u/s 125 CrPC laid down by Supreme Court and ensures uniformity

Guidelines on Maintenance laid down by Supreme Court. The right to claim maintenance under all enactments, including those under Section 125 of the CrPC, must date back to filing of…

Is Foreign Divorce valid in India ?

Is Foreign Divorce valid in India ? or Whether the divorce granted in abroad is valid in India? This question is becoming common in our society. Often it is seen, the people having different temperament could not settle as happily married couple and therefore they tend to part from each other and opt for the decree of Divorce. Now, the difficulty arises when one of the parties has their domicile in one county and one of them obtains matrimonial relief in other country

Death in police custody – No quashing of FIR against former Director General of Police of Punjab Police and transfer of his case to CBI.

PUNJAB AND HARYANA HIGH COURT Before :- Fateh Deep Singh, J. CWP No.12186 of 2020 (O&M). D/d. 08.09.2020. Sumedh Singh Saini – Petitioner Versus State of Punjab and others –…

Further Investigation – Where the constitutional court is satisfied that the investigation is not conducted in a proper manner a fresh investigation with the help of an independent agency can be considered to secure the ends of justice – Power may also be exercised if investigation has been done to help someone escape the clutches of the law.

SUPREME COURT OF INDIA Before :- R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. Writ Petition (Crl.) No.141 of 2020. D/d. 16.9.2020. Neetu Kumar Nagaich – Petitioners Versus The State…