jegan
ad. Jegan

Remedy and Challenges after the order of the Magistrate for FIR Direction

Author: Thiru. Jegan Manohar (Ms.No.1567/2020), Advocate, Practicing before the Madurai Bench of the Madras High court. Email.@jeganmanohar26@gmail.com. (Views and opinions are personal). 

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

ndps
Evidence

NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidence

sentencing
General

Appreciation of the quantum of sentence is explained

charge sheet
Acquittal

If the Magistrate cannot direct the I.O to file a particular opinion (charge sheet) then the S.P has no power to direct the same

corpus
BNS

Murder: Conviction: Corpus delicti means that the offence has been committed and not that the dead body of the murdered person has been recovered

pocso case
Acquittal

As per section 21 POCSO Act only those who received credible information directly could be prosecuted for failure to report and not all the teachers or office bearers of the institution also no suppression of information is reported

complaint case
BNS

Anticipatory Bail is not needed in complaint cases if apprehension of arrest is only by the police

hostile
BNSS

Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

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section 304 part II
Acquittal

S.304 II IPC: Injuries were caused by an abrupt fall into the dry canal and not by stones thrown by the accused at the deceased

murder
Acquittal

Acquittal: Who Pulled the Trigger? Prosecution version remains acceptable till the point of bullet entering the skull but suspicious when it travels upward while exiting the skull

cognizance
Acquittal

Section 223(1) BNSS: Though the complaint was filed earlier cognizance was taken after BNSS came into force and appellant not heard before cognizance is an illegality would vitiate the proceedings

ndps return of property
Acquittal

NDPS: Confiscation: Sections 36-C and 51 NDPS do not deny the use of sections 451 (s.497 BNSS) and 457 (503 BNSS) and section 60 does not deny interim custody to bona fide owner

identification
3 judge bench

Identity of the accused disclosed by the witnesses (PW.8 & 9) after the arrest of the accused through belated and improved testimonies damaging prosecution’s case

The Supreme Court fully acquitted the appellant overturning his lower court convictions. The three-judge bench ruled that the prosecution failed to prove guilt beyond a reasonable doubt, citing critical flaws…

april'26
Digest

What’s New In April’26

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

dowry death
Acquittal

Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her
Acquittal

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her

secondary evidence
Digest

A Study On Secondary Evidence (notes)

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

election
Ad. Azhar Basha

Constitutional Limits of the Election Commission of India: An Exhaustive Analysis of Article 324 and the Power to Transfer State Officials

drafting
Latest

Legal Drafting – 3: Court Drafting Laws and Technical Elements

PCPNDT, female child, foetus,  
General

Incomplete Form ‘F’ Attracts Substantive Penalties and Strict Adherence to Record-Keeping is Mandatory Under PCPNDT Act (Prenatal Diagnostics Act)

filicide
General

Filicide: Absence of poison in the viscera may be due to metabolized or eliminated from the body before death

appeal
General

Joint appeal: ‘an appeal’ followed by ‘the appeal’ are same within the meaning of the sections 392, 374 and 378 Cr.P.C as if ‘any proceeding” followed by ‘the proceeding’ in Section 397 Cr.P.C thereof [Referred to Larger Bench]

suspension of sentence
Acquittal

Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

prolonged investigation
Cr.P.C

Despite investigation records being untraceable and yet the investigation kept pending for two decades is nothing but delayed and denied justice

guidelines
General

Guidelines to remedy the persistent delay in the pronouncement of reserved judgments by High Courts

quash
Acquittal

Quash: When the amount was fully settled by way of compromise before DRT lodging a complaint before CBI for fraud and forgery is an abuse of process of law

ndps bail
BNSS

Bail order set aside: Twin conditions laid down under section 37 NDPS Act should be considered in commercial quantity cases

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