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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty.

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences u...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Case and False Implication. Allegations of Sexual Assault on Minor Found Baseless as Medical Evidence and Conduct of Complainant Contradicted FIR.

The petitioner, Krishnappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings...

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Supreme Court Sets Aside Suspension of Sentence in Acid Attack Case Due to Non-Application of Mind. High Court's Order Based on Compensation Offer and Incarceration Period Held Insufficient Under Section 389 CrPC.

The Supreme Court allowed the appeals filed by the victim of an acid attack, challenging the suspension of sentence and grant of bail to five convicts...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 of the NI Act Stands Unless Rebutted by Accused.

The appellant, Smt. Kiran w/o Yugalkishore Bhattad, filed a criminal appeal against the judgment of the 7th Judicial Magistrate, First Class, Nagpur (...

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High Court of Bombay at Nagpur Reverses Acquittal of Accused in Cheque Dishonour Case Under Section 138 N.I. Act Due to Failed Rebuttal of Presumption. Hand Loan Repayment Defence Not Proved by Accused; Holder's Authority Under Section 20 to Complete Inchoate Cheque Affirmed.

The appeal before the High Court of Bombay, Nagpur Bench, arose from a judgment of the Judicial Magistrate First Class, Nagpur, acquitting the accused...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Reference Order Under Section 156(3) Cr.P.C. Set Aside. Dispute Arising from Sale Agreement and Possession of Property Held to be Purely Civil, Not Attracting Criminal Offences Under Sections 420, 504, 506 IPC.

The petitioners, Parvati and Mallikarjun Arbol, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing ...

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High Court of Bombay at Goa Quashes FIR in Property Fraud Case Due to Civil Nature of Dispute. Allegations of Cheating Under Section 420 IPC Found to Be Commercial Transactions with Pending Arbitration, Not Criminal Offences.

The petitioners, Jeremias D'Souza and Collette D'Souza, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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Madras High Court Sets Aside Waqf Tribunal Order for Lack of Reasoned Decision and Remands for Fresh Enquiry Under Section 40. Non-speaking resolution by Waqf Board without proper enquiry into whether properties were private or public waqf necessitated remand for fresh determination.

The dispute centred on the nature of waqf over certain properties. The original petitioner, M. Sirajudeen Sayeed (since deceased, represented by legal...

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Supreme Court Cancels Bail Granted to Accused in Double Murder Case Due to Non-Application of Mind by High Court — Emphasizes Need for Detailed Reasoning in Bail Orders Under Section 439 CrPC

The present appeals arise from four orders of the Allahabad High Court granting regular bail to Waseem, Nazim, Aslam, and Abubakar, accused in a doubl...