Can Sentences for Non-Violent Economic Offences Under IPC Sections 420, 467, 468, and 471 Be Reduced to Time Already Undergone on Considerations of Reform?

The Chhattisgarh High Court upholds the convictions for offences under Sections 420/34, 467/34, 468/34, and 471/34 IPC but reduces the substantive sentence to the period already undergone, guided by Supreme Court precedent emphasizing reformative justice. The judgment applies the principles set forth in Mohammad Giasuddin v. State of Andhra Pradesh (1977) 3 SCC 287, affirming […]

Can Departmental Proceedings Continue Against an Employee After Retirement if the Inquiry Concluded Before Superannuation? — Chhattisgarh High Court Affirms Permissibility Provided Proceedings Were Legally Initiated Prior to Retirement

Chhattisgarh High Court upholds that continuation of disciplinary proceedings post-retirement, from the stage after receipt of the enquiry report, is permissible where such proceedings were validly initiated and substantially concluded during service—distinguishing Supreme Court precedent regarding fresh initiation post-retirement. The decision affirms existing precedent and serves as binding authority within the State’s jurisdiction on public […]

Can the State, as a ‘Victim’ under Section 2(wa) CrPC, Obtain Liberty to File an Appeal Under Proviso to Section 372 CrPC After Withdrawing an Acquittal Appeal Under Section 378(3)? — Precedential Clarification by the High Court

The High Court clarifies that the State, recognized as a ‘victim’ within Section 2(wa) CrPC, may withdraw an acquittal appeal under Section 378(3) with liberty to file an appeal under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS) before the Sessions Court, following the Supreme Court’s holding in M/s. Celestium Financial v. […]

When Can a Criminal Appeal Be Withdrawn by the Appellant? Legal Implications of Withdrawal of Appeals in the Chhattisgarh High Court

The Chhattisgarh High Court reaffirms existing procedural law, confirming that an appellant may withdraw an appeal with the court’s permission when no objection is raised by the State. The judgment upholds current precedent, with practical precedential value limited to similar procedural circumstances.   Summary Category Data Case Name CRA/2168/2025 of KAANHU ALIAS KANAHIYA DAS MAHANT […]

Whether Withholding of Increments as a Minor Penalty Without Specifying Duration Can Be Treated as a Continuing Major Penalty? – High Court Clarifies Scope of Rule 10(4), CCA Rules, 1966

The Chhattisgarh High Court reaffirms that minor penalties like stoppage of increments with non-cumulative effect under Rule 10(4) of the Chhattisgarh Civil Services (Classification, Control, and Appeal) Rules, 1966, must have a clear period and cannot operate indefinitely; continued enforcement beyond the specified period becomes legally untenable without a departmental enquiry. This ruling strengthens binding […]

When Can ‘Non-Cumulative’ Minor Penalties Under CCA Rules Continue Post Expiry — Must Departments Restore Increments After Expiry or Stay of Conviction?

Court holds that the penalty of withholding increments with ‘non-cumulative effect’ as a minor penalty under Rule 10(4), once its period expires or the conviction is stayed, cannot be indefinitely prolonged. Authorities must reconsider the penalty and restore increments, reaffirming the statutory distinction between minor and major penalties. The decision is binding precedent within Chhattisgarh […]

Can Acquittal Be Justified Solely Due to Non-Examination of Doctor Despite Admitted Postmortem Report? Chhattisgarh High Court Clarifies Admissibility Under Section 32(2) Evidence Act

Chhattisgarh High Court reaffirms that a postmortem report admitted under Section 294 CrPC is admissible even if the doctor is not examined, where corroborative evidence exists. The judgment upholds Supreme Court precedent and confirms that non-examination alone does not vitiate prosecution. This binding authority affects all criminal trials relying on medical documents.   Summary Category […]

Can School Records Alone Establish a Victim’s Minority Beyond Reasonable Doubt? High Court Reaffirms Evidentiary Standards for Age Determination in Sexual Offence Cases

The High Court of Chhattisgarh clarifies that mere production of school records and unsupported birth entries cannot conclusively prove a prosecutrix’s minority in criminal trials for sexual offences; the judgment follows and applies established Supreme Court precedents, reinforcing rigorous evidentiary requirements and serving as binding authority within the state.   Summary Category Data Case Name […]