Tag: Charge Sheet

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials
18Jun By The Legal ChamberNo Comments
Supreme Court

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

The Supreme Court of India allowed the appeal by Abhishek Singh, holding that the High Court improperly quashed the FIR filed by him. The High Court erred by considering extraneous documents and evaluating the merits of the case at the quashing stage, rather than determining if a prima facie offense was made out. The proceedings from the FIR are revived, and the guilt or innocence of the respondents is to be established at trial. Facts Of The Case: Abhishek Singh, the appellant, a businessman, secured a loan of ₹7,70,000 from the Bank of India on July 22, 2020, by pledging 254 grams of 22-carat gold ornaments. According to Singh, he repaid the loan, including interest, by March 31, 2023, after receiving a notice from the bank on October 7, 2022, to pay ₹8,01,383.59. However, unbeknownst ...
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Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations
16Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations

The Supreme Court of India quashed an FIR and chargesheet, holding that while the complaint was within the limitation period as per Section 468 CrPC (relevant date for limitation being filing of complaint, not cognizance date), the allegations lacked specific incidents of cruelty and appeared to be a misuse of legal provisions. Facts Of The Case: The present appeal challenges a High Court order dated April 1, 2024, which set aside a Sessions Court order from October 4, 2008. The Sessions Court had discharged the Appellant from charges under Section 498A of the Indian Penal Code, 1860, in FIR No. 1098/2002. The case originated from a complaint filed by the Complainant wife (Respondent no. 2) on July 3, 2002, leading to the FIR being registered on December 19, 2002, at PS Malviya Nagar...
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Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack

The Supreme Court of India overturned the High Court's bail orders, cancelling the bail granted to the respondents. The Court found the allegations to be grave, shaking the conscience of the court, and noted an imminent likelihood of the accused adversely affecting a fair trial due to their influence and non-cooperation. The trial court was directed to expedite proceedings and ensure witness protection. Facts Of The Case: The incident in question occurred on May 2, 2021, following the announcement of the Assembly election results in West Bengal. The complainant, a follower of the Hindu religion and a supporter of the Bharatiya Janata Party, alleged that he and his family faced threats and violence from supporters of the ruling dispensation in his village, Gumsima, where they were a min...
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CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case
11Jun By The Legal ChamberNo Comments
Supreme Court

CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case

The Supreme Court upheld that additional documents can be produced by the prosecution even after the charge sheet is filed, especially if inadvertently omitted. The Court reiterated that Section 173(5) of the CrPC is directory, not mandatory, and permits the production of documents gathered before or after investigation with court permission. The judgment clarifies that the authenticity of such documents remains an open issue to be proved during trial. Facts Of The Case: An FIR was registered on May 3, 2013, for offences under the IPC and the PC Act. The dispute involves two Compact Discs (CDs). Between January 8, 2013, and May 1, 2013, the Ministry of Home Affairs permitted the interception of telephone calls of several accused and one Manoj Garg. On May 4 and May 10, 2013, two CDs cont...
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