This category focuses on substantive and procedural criminal law, including offences, defences, investigation, trial, and appellate remedies under various criminal statutes.
Articles in this section draw from my litigation experience and legal research. I cover bail and quashing, evidence and procedure, investigation lapses, trial strategy, sentencing trends, and practical approaches to criminal litigation before trial courts, High Courts, and the Supreme Court.
Here are some questions which are frequently asked regarding the law of bail and its practice in Allahabad High Court. When is an anticipatory bail application filed before Hon’ble Allahabad High Court? As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, … Read more
Image Courtesy: global.unitednations.entermediadb.net. What is the Domestic Violence (DV) Act ? This article is also explained through a video below. Domestic violence is a form of abuse or violence in a domestic setting or relationship committed by causing hurt, injury to life, limb, health, safety or mental and physical well-being or causing harm, injury, or … Read more
Due to the apparent dangers of the spread of Coronavirus, the Central Government and State Government in India are invoking various provisions of the Epidemic Diseases Act of 1897 to control the said virus which is officially termed named as COVID19. It has become imperative for the government to do so under the given circumstances … Read more
Sexual harassment at workplace is a grave issue which remained unaddressed for the longest time, continuously violating women’s right to equality, right to life and liberty guaranteed under the Constitution of India and hampering their social, political and economic emancipation. The need for a legislation on this issue was observed by the Supreme Court in … Read more
An Applicant can approach the Courts within whose jurisdiction he apprehends his arrest. It is irrelevant that the alleged offence has been committed outside the jurisdiction of such Courts. If the Courts do not have territorial jurisdiction it may yet grant Anticipatory Bail for a short term with adequate safeguards for approaching the Court having jurisdiction to entertain such application after considering the facts and circumstances involved therein.
Section 482 of the Criminal Procedure Code saves the inherent powers of the High Court wherein it can pass any order to secure the ends of justice or to give effect to any order passed under the Criminal Procedure Code or to prevent the abuse of process of any court. These powers of the High Court can be invoked to quash any criminal proceeding against the accused. Whether a criminal proceeding/FIR or charge sheet are to be quashed- is determined by the court on the basis of the certain factors which are discussed in this email.
In the instant case, the investigating authority did not apply for further investigation and that the learned Magistrate suo moto passed an order for further investigation and directed the investigating officer to further investigate and submit the report, which is impermissible under the law. Such a course of action is beyond the jurisdictional competence of the Magistrate. Therefore, that part of the order passed by the learned Magistrate ordering further investigation after he discharges the accused, cannot be sustained and the same deserves to be quashed and set aside. Consequently, the impugned judgment and order passed by the High Court confirming such an order passed by the learned Magistrate also deserves to be quashed and set aside. At the same time, it will always be open for the investigating officer to file an appropriate application for further investigation and undertake further investigation and submit a further report in exercise of powers under Section 173(8) of the CrPC