Reshma Azath

78 Articles
appeal against acquittal
Acquittal

Appeal against acquittal: In appeal against acquittal presumption of innocence is fortified and appellate Court not to take contrary view if trial court’s view is plausible

writ
Civil

Writ: Miscellaneous Applications Not Entertained after disposal of a main writ petition

head master
BNSS

Section 12 (2) POCSO Act: Head Master is the guardian of the school and dutybound to inform the POCSO offence failing which action may be taken

The Tamil Nadu Prohibition Act, 1937- Conundrum
Ad. James Raja

Article: The Tamil Nadu Prohibition Act, 1937- Conundrum

Magic mushroom
Acquittal

Section 483 BNSS: Bail: Magic mushrooms are natural produce and cannot be termed a mixture and their classification as narcotic drugs depends on the psilocybin content

156
Cr.P.C

Section 156(3) Cr.P.C: It is erroneous if Magistrates direct the police to conduct preliminary enquiry and register the fir

PMLA closure report
Acquittal

Closure report & PMLA: Closure report filed in predicate offence deserves to be challenged to continue proceedings under PMLA hence though the ED is neither aggrieved person nor victim it may approach the High Court as ED is connected to the issue

section 311
Evidence

Section 311 Cr.P.C: Though the accused has right to keep his defence closed till cross-examination but, the accused cannot reserve a few questions for a later point of time placing reliance on section 311 crpc

pmla formal arrest
Latest

PMLA case: Formal arrest: If a person is already in judicial custody in connection with another case, can be formally arrested in respect of investigation of the subsequent case and section 19(3) PMLA is not bar

MURDER CASE QUASED
482

Murder case quashed: Husband tried to molest own daughter in the course of saving daughter mother killed husband therefore offence falls under ‘General Exception’

General

POCSO: Penetration not proved: Since the victim’s evidence does not establish that there was penetrative sexual assault the accused was convicted under 9(m) of the POCSO Act, which is punishable under Section 10 of the POCSO Act

Prayer to expedite the application-Petition for further investigation and amend the charge-I.O has to inform the informant if the I.O is deleting an accused from the final report-I.O has the power to delete accused persons in the final report but I.O is expected to serve a notice upon the complainant-Petition allowed to follow Bahgwant Singh vs. Commissioner of Police
General

I.O has the power to delete accused persons in the final report but I.O is expected to serve a notice upon the complainant