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Mohit Khandelwal & Associates
Brief Facts Rahul (PW-1) and Sachin (deceased) had pre-existing disputes with Sunil @ Sonu (Accused No. 1) and Satish (Accused No. 2). On 28th November, 2016, the Accused No. 1, Accused No. 2, Gaurav (Accused No. 3) and Nitin @ Devender (Accused No. 4) abused PW-1 and the deceased. The accused persons attacked PW-1 and...
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Brief Facts The Appellant-Complainant had filed a complaint u/s 156(3), CrPC, 1973, against M/s SS Infrastructure Co. and its partners, alleging that they had committed offenses u/s 384, 389, 406, and 420 r/w Sec. 34 and 120B of the Indian Penal Code, 1860. The Appellant-Complainant had filed a complaint u/s 156(3), CrPC, 1973, against M/s...
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Brief Facts The Appellant (Editor of an online news channel) published a video on YouTube, levelling certain allegations against the Complainant. The Complainant MLA, representing the Kunnathunad constituency (seat reserved for the members of the Scheduled Castes)  aggrieved by the aforesaid video, filed a complaint,  alleging commission of offences u/s 3(1) (r), (u) of the...
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Brief Facts The accused persons availed credit facilities from Indian Bank, however, due to non-payment, the loan account was classified as NPA.  The Bank filed a recovery case before the Debts Recovery Tribunal (DRT) and during pendency of such proceedings, the Bank discovered that the mortgage documents were forged. Pursuant to the complaint of the...
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Brief Facts On 14th October 2000, a regular case under section 154 of CrPC was registered against all 5 accused alleging commission of offences punishable under section 120-B, 420, 468 and 471 of IPC 1860 and section 13(2) and 13(1)(d) of prevention of corruption act 1988. It was alleged that accused 1 while being on...
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Brief Facts FIR lodged by the complainant/appellant, while the respondent was already in custody for another case. Apprehending arrest, the accused applied to the Bombay High Court for anticipatory bail. Application was opposed by the Complainant on the ground of maintainability as the person was already in jail for another case, he should not be...
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Brief Facts In this case the accused persons were charged for offence under Section 304-B and 498-A of the IPC as the deceased had committed suicide after being harassed for the demand of dowry. The Trial Court convicted the accused persons for offence under Section 304-B and 498-A of IPC. The Appellate Court acquitted the...
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Issues Whether the court can convict a person for murder solely on basis of recovery of stolen article from the accused? What is the test to check the authenticity of the recoveries made from the accused? Held The Apex Court acquitted the accused by reversing the judgment of the High Court. Apex Court referred the...
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Brief Facts In this case the Trial Court and the High Court relied on the voluntary statements of the accused and their videography statements made before the Police for convicting the Accused. Issues Whether video of confession made before police is admissible in evidence? Held The Apex Court acquitted the accused as the offence was...
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Brief Facts In this case, the Trial Court held all the accused guilty for the offences punishable under Section 302 read with Section 34 of the IPC and sentenced all the accused to undergo life imprisonment. Allowing the appeal filed by three accused, the High Court acquitted them observing that there are contradictions in the...
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