Tag: procedural irregularity

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

The Supreme Court held that an investigation is not automatically vitiated solely because the informant and investigator are the same. This procedural irregularity must be examined on a case-specific basis for bias. The Court overruled the contrary precedent in Mohan Lal and restored the matter for a merits-based hearing. Facts Of The Case: Based on the secret information received on September 20, 2009, police intercepted a truck. The respondent, Gurnam @ Gama, was found sitting on a stack of bags in the cargo area, while the other respondent, Jaswinder Singh, was driving the vehicle. Upon search, the authorities recovered a significant quantity of 750 kilograms of poppy husk along with two motorcycles. Consequently, FIR No. 221 of 2009 was registered under the relevant sections of the N...
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Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Go Straight to the Magistrate? Supreme Court Explains the Right Way to File an FIR When Police Refuse

The Supreme Court upheld that a Magistrate's order under Section 156(3) CrPC directing FIR registration, even if passed without the informant first approaching the Superintendent of Police, is a mere procedural irregularity and not illegal. The Court affirmed that such an order must be a reasoned one reflecting application of mind, and refused to quash the FIR at the chargesheet stage, leaving the matter for trial. Facts Of The Case: Based on a Memorandum of Understanding (MoU) from 1995, a financial dispute arose between M/s Sunair Hotels Ltd. (SHL) and VLS Finance Ltd. (VLS). SHL alleged that VLS officials had fraudulently induced them into the agreement by promising a public issue that was impossible under SEBI guidelines. After VLS filed several criminal complaints against SHL for fi...
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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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Technical Flaws Sink Conviction: Supreme Court Rules Bank Fraud Trial Violated Accused Rights
2Jun By The Legal ChamberNo Comments
Supreme Court

Technical Flaws Sink Conviction: Supreme Court Rules Bank Fraud Trial Violated Accused Rights

The Supreme Court acquitted the appellants, holding that (1) Appellant No. 3's juvenility under Section 7A of the Juvenile Justice Act, 2000 invalidated his conviction, and (2) the trial court's failure to properly examine all appellants under Section 313 CrPC – by not putting material incriminating evidence to them – vitiated the trial, causing irreversible prejudice given the 40-year case delay. Facts Of The Case: The case involved a 1982-83 bank fraud where accused persons, including appellants Ramji Prasad Jaiswal and his two sons Ashok Kumar Jaiswal and Bal Mukund Jaiswal, allegedly conspired with SBI branch manager Ajay Kumar Srivastava (since deceased) to fraudulently obtain ₹13.29 lakh using fake transport receipts from their non-existent firm 'Rohtas Carriers'. The CBI registere...
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