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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Madras High Court Considers Extension of Ordinary Leave for Life Convict After Wife's Surgery. Petition Filed Under Article 226 Seeking Mandamus for 10 Days Further Leave as Original Leave Expires.

The petitioner, wife of a life convict, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to extend ordinary lea...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Dismisses Special Leave Petition in UAPA Case Against High Court Remand Order. High Court's Setting Aside of Discharge and Remand for Fresh Hearing on Framing of Charge Under Sections 120B, 124A, 153A, 153B IPC and Sections 18, 39 UAPA Does Not Warrant Interference at Special Leave Stage.

The dispute arose from a criminal case involving allegations under the Indian Penal Code, 1860 and The Unlawful Activities (Prevention) Act, 1967. The...

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Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Procedural Lapses. Conviction Overturned as Prosecution Failed to Establish Complete Chain of Circumstances and Comply with Section 27 of the Indian Evidence Act, 1872 in Recovery of Deceased's Body.

The appeal arose from a murder case where the appellant, Boby (accused No. 3), was convicted by the trial court and High Court for offences including ...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale.

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rangnath Bhagwanta Pawar, was convicted by the learned Ad-hoc Additional Sessions Judge-I, Jalgaon, in Sessions Case No.55 of 2007 for ...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...