Consensual Relationship Between Adults Cannot Be Converted Into Rape on False Promise of Marriage Where Prosecutrix Was a Married Woman
The Punjab and Haryana High Court quashed charges under Sections 376(2)(n), 180 and 506 IPC, holding that a married woman aware of her subsisting marriage cannot claim she was induced into a sexual relationship by a promise of marriage. The Supreme Court subsequently issued notice and stayed the trial on the surviving IT Act charge.
Proclaimed Offender Order Under Section 82 CrPC Quashed Where Mandatory 30-Day Proclamation Period Was Not Complied With: Punjab and Haryana High Court
Punjab and Haryana High Court quashed a proclaimed offender order for non-compliance with the mandatory 30-day proclamation period under Section 82 CrPC, emphasizing that procedural safeguards cannot be circumvented.
Complainant's First Appeal Against Acquittal in Section 138 NI Act Case Now Lies Before Sessions Court, Not the High Court: Punjab and Haryana High Court
The Punjab and Haryana High Court held that a complainant's first appeal against acquittal under Section 138 of the Negotiable Instruments Act now lies before the Court of Sessions under Section 372 CrPC (now Section 413 BNSS), rather than requiring leave to appeal before the High Court, and remitted the matter accordingly.
Magistrate Cannot Order Further Investigation Merely on Complainant's Dissatisfaction with Cancellation Report: Punjab and Haryana High Court Sets Aside Order Under Section 482 CrPC
The Punjab and Haryana High Court clarifies that a Magistrate cannot order further investigation merely because a complainant is dissatisfied with a police cancellation report. The Court's own satisfaction remains the proper legal standard for such orders.
Travel Permission Granted on Conditions Despite Dismissal of Quashing Petition Under Section 528 BNSS
High Court dismisses petition to quash FIR but grants conditional travel permission, illustrating discretionary relief available even where main petition fails and balancing between investigation protection and petitioner's mobility.
Bail Granted in NDPS Case Involving Commercial Quantity of Alprazolam Where Recovery Exceeds Prescribed Threshold by a Small Margin
High Court grants regular bail in NDPS case where recovered quantity marginally exceeds commercial threshold, emphasizing consideration of narrow margin and clean antecedents in bail assessment.
Section 311 CrPC Application Dismissed as Attempt to Fill Lacuna in Evidence: Punjab and Haryana High Court Upholds Trial Court Order
The Punjab and Haryana High Court dismissed a revision petition challenging the trial court's refusal to summon an investigator under Section 311 CrPC. The Court held that the power to summon witnesses must be exercised judiciously to find truth essential for a just decision, not to fill gaps in a party's evidence.
Anticipatory Bail Dismissed Under Sections 406 and 420 IPC Where Prima Facie Case of Double Sale of Flat Established and Custodial Interrogation Necessary
Punjab and Haryana High Court dismissed anticipatory bail application where prima facie case of double sale of flat by builder's director was established, direct payment received from complainant, and custodial interrogation deemed necessary for investigation.