Penal Code, 1860 – Ss. 406, 409, 411, 120B, 420, 467, 468, 471 – Code of Criminal Procedure, 1973 -Section 439 – The case is based on ‘cash trail’, therefore, in the event of bail, it is very likelihood that evidence in regard to ‘cash trail’ will be destroyed.Read More »Anshuman Dubey v. State of U.P.
Code of Criminal Procedure, 1973 – Summoning of an accused in a complaint case and taking of cognizance upon police report are two different things – What shall be the parameters for judging a Cognizance Taking Order or a summoning order in respective cases – Discussed.Read More »Deepak Kumar Singh v. State of U.P.
Penal Code, 1860 – Section 376 – Obtaining consent for sexual relationship by false promise of marriage should be termed as consent given under misconception of fact and must amount to rape. Read More »Harshvardhan Yadav v. State of U.P.
Penal Code, 1860 – Ss. 498A, 323, 354 504, 506 – Dowry Prohibition Act, 1961 – Ss. 3 & 4 – In view of compromise entered into by opposite party, chances of conviction of applicants are remote and bleak. As such continuation of proceedings would itself cause injustice to parties. The trial would only entail loss of judicial time in a futile pursuit particularly when torrents of litigation drown the courts with an unimaginable flood of dockets. Read More »Santosh Garg v. State of U.P.
Service Law – Departmental Proceedings – Uttar Pradesh Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991 – Rule 14(1) – U.P. Police Regulations – Reg. 492 & 493 – Whenever a police officer has been judicially tried, the Superintendent must await the decision of the judicial proceeding, if any, before deciding whether further departmental action is necessary – It will not be permissible for the Superintendent of Police in the course of a departmental proceeding against a Police Officer who has been tried judicially to re-examine the truth of any facts in issue at his judicial trial and the finding of the Court on these facts must be taken as final – Even after enforcement of 1991 Rules, these two Regulations continue to hold the field.Read More »Mool Chand Singh v. State of U.P.
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 29.06.2021 Delivered on 02.08.2021 Court No. – 32 Case :- APPLICATION U/S 482 No. – 2369 of… Read More »Satish v. State of U.P.
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. – 83 Case :- APPLICATION U/S 482 No. – 3504 of 2021 Applicant :- Rajat Goel And… Read More »Rajat Goel v. State of U.P.
Code of Criminal Procedure, 1973 – Section 378 – Appeal in case of Acquittal – Leave to Appeal – While considering an application for leave to appeal, High Court should apply its mind, consider whether prima facie case has been made out or not, arguable points have been raised or not and whether upon deeper scrutiny of the statement of witnesses and other evidence, there is any likelihood of the order of acquittal being set aside.
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