In a significant judgment bringing long-awaited clarity to cheque dishonour litigation, the Supreme Court of India has conclusively settled the law on territorial jurisdiction under Section 138 of the Negotiable Instruments Act, 1881, particularly after the 2015 Amendment
Category: Criminal Law
Punjab and Haryana High Court Quashes FIR Under Sections 363 and 366 IPC – Advocate in Chandigarh Explains the Case of Voluntary Marriage
FIR under Sections 363 and 366 IPC quashed by the Punjab and Haryana High Court, Chandigarh. The case involved allegations of kidnapping and inducement for marriage, but the Court accepted…
Delhi High Court: Security Cheques Issued Under MoU Do Not Constitute Offence Under Section 138 NI Act
In a significant ruling, the Delhi High Court has reiterated that cheques issued as security under a Memorandum of Understanding (MoU) cannot be treated as cheques issued towards a legally…
How to Get FIR Quashed in Punjab and Haryana: A Complete Legal Guide (2025 Update)
Learn how to get FIR quashed in Punjab and Haryana legally under Section 482 CrPC. Understand the procedure, documents required, cost, and latest court judgments in this complete 2025 legal guide.
NDPS Act Bail & Procedural Safeguards: Key Supreme Court Judgments
Introduction: Why NDPS Act Cases Demand Stricter Compliance The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of the most stringent criminal laws in India. Unlike general…
Exhibited Documents and Marked Documents-Difference
The terms “exhibited documents” and “marked documents” refer to how documents are treated and labeled during the course of a judicial proceeding, especially during the trial. These terms have distinct…
Quashing of Bail Conditions: Punjab and Haryana High Court Grants Relief in CGST Case
In a significant ruling, the Punjab and Haryana High Court has set aside the harsh bail conditions imposed on Pawan Kumar in a case under the Central Goods and Services…
Legal Remedies for False 498A Cases: How to Protect Yourself
Introduction Section 498A of the Indian Penal Code (IPC) was introduced in 1983 to protect married women from cruelty, including dowry harassment, by their husbands and in-laws. However, over time,…
Default bail – Very moment stipulated 60/90 day remand period expires, indefeasible right to default bail accrues to accused. If accused persons avail their indefeasible right to default bail before chargesheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing. stipulated 60/90 day remand period under section 167 CrPC, 1973 ought to be computed from date when Magistrate authorizes remand-Supreme Court
SUPREME COURT OF INDIA Before:- K.M. Joseph, Hrishikesh Roy and B.V. Nagarathna, JJ. Criminal Appeal Nos. 701-702 of 2020. D/d. 27.03.2023. Enforcement Directorate, Government of India – Appellants Versus Kapil Wadhawan & Anr. Etc.…
The Role of WhatsApp in Indian Courts: Service of Parties and Proving Allegations Through WhatsApp Chats
In recent years, technological advancements have significantly influenced the legal landscape worldwide. One such advancement is the pervasive use of WhatsApp, a widely popular messaging application. In India, courts have…
Exception to Murder: To bring out a case of Culpable Homicide not amounting to murder- Conditions-Held by Supreme Court
Exception to Murder, Culpable Homicide
Investigation-Supreme Court highlights the significance of the compliance of requirements of the provisions contained in section 173(2) of Cr.P.C. – Supreme Court expresses concern over non compliance Section 173(2).
Report of police officer on the completion of investigation under section 173 - Supreme Court issues must to follow directions - Officer in charge of the police stations in every State shall strictly comply - Non-compliance shall be strictly viewed by the concerned courts in which the Police Reports are submitted
Got secured one of our clients Anticipatory Bail under sections 406, 420, 468, 471, 120-B of IPC, 1860
Anticipatory Bail, Navigating through legal complexities can be challenging, but with strategic legal expertise and unwavering dedication, we have successfully safeguarded our client's interests
Order declaring accused as Proclaimed Person got set aside by Hon’ble Punjab and Haryana High Court
Proclaimed Person-Section 82 Crpc The judgment rendered in the case of Rajan Katna versus Wazir Chand Rakesh Kumar and another, heard in the High Court of Punjab and Haryana at…
Regular Bail granted under sections 363 IPC and 366 IPC! after intense and strategic legal arguments.
Regular Bail granted under sections 363 IPC and 366 IPC! after intense and strategic legal arguments. Our client has been granted regular bail. Our relentless dedication to defending our client’s…
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…
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.
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
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…