Category

Cognizance & Charges
Brief Facts Both these petitions have been preferred invoking inherent powers of the High Court envisaged under Section 482 Cr.P.C., seeking to quash the FIR No.253/2015 registered at Police Station Ashok Nagar, Jaipur for offences under Sections 420, 466, 468, 471, 193 and 218 IPC so also to quash all criminal proceedings emanating therefrom.  The...
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Brief Facts The present appeal was filed against the order of charge wherein the Ld. Trial Court framed the charges under section Section 341, 323, 325, 307, 34 IPC and Section 3(1) (s), 3(ii)(v) of SC/ST (POA) Act against the Appellants. The victim suffered a skull injury and was treated at a private hospital and...
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Brief Facts The respondent filed a complaint in the trial court alleging that her son Nitesh was employed under the Ajmer Vidyut Vitaran Nigam, Badodiya as IV Class employee. He was persecuted and instigated to commit suicide, as a consequence of which, her son ended his life. The Ld. Magistrate sent the matter to the...
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Brief Facts The Petitioner lodged an FIR alleging that his son, Rajendra Kumar, was shot and killed by Vinod @ Chhagan, Mansukh Ram, and Dariya Singh due to previous enmity arising from a money dispute. The incident occurred near the Petitioner’s shop, where the Petitioner and his family claimed to have witnessed the shooting. The...
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Brief Facts Petitioners in the present case were the intruders who open fired at Red Fort resulting killing of 3 army men. The Appellants were convicted by the Trial Court punished with death sentence. The Death Reference made before the High Court was rejected and even the appeals were dismissed by the Apex Court vide...
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Issues Whether the opinion of the handwriting expert is the only way or mode of proving the signature and handwriting of a person? Whether the order of cognizance for offence under Section 467 and 471 of IPC can be quashed only on the ground that the opinion of the handwriting expert was not conclusive? Held...
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Issues Whether the absence of motive in a case of circumstantial evidence weighs in favour of the accused? Whether the last seen theory must establish the proximity of time? Held The Apex Court acquitted the accused persons by setting aside the order of the High Court. In a case based on substantial (circumstantial) evidence, motive...
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Issues Whether the prosecution is required to prove its case beyond all iota of doubt? Whether the accused can be acquitted on the ground that the trial has taken years and other accused had died during the pendency of appeal? Held The Apex Court upheld the conviction and denied to interfere in the concurrent findings...
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Issues Whether the evidence tendered by the witnesses can be discarded solely on the ground that the witnesses were the relative of the deceased? Whether delay in lodging the FIR can be a ground to weaken the prosecution case? Held The Apex Court set aside the order of acquittal and convicted the accused. The High...
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Issues Whether the accused can be discharged from the allegations of the offense under Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act when no incriminating material have been found during the investigation? What should be the approach of the courts before framing the charges in criminal proceedings? Whether the court is required to...
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