Criminal Law

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.

Quashing of Charge Sheet by High Court & Supreme Court

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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.

Magistrate suo-moto cannot pass an order for further investigation in a criminal case.

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Supreme Court ruling: Magistrate cannot suo motu order further investigation after discharge – Bikash Ranjan Rout judgment visual.

This article provides the Supreme Court’s ruling in Bikash Ranjan Rout v. State (NCT of Delhi), where the Court held that a Magistrate cannot suo motu order further investigation after discharging an accused. The judgment clarifies the limits of a Magistrate’s powers post-cognizance, distinguishes between pre- and post-cognizance stages, and reaffirms that only the investigating agency may seek permission for further investigation under Section 173(8) CrPC.