Acquittal
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
In a criminal appeal filed under Section 374(2) Code of Criminal Procedure, 1973 (‘CrPC’) to set aside the conviction and sentence passed by the Sessions Judge, M. Dhandapani, J. has set aside the conviction and sentence imposed on the convict, and said that the victim is not under any misconception and that the convict cannot be held to have misused the prosecutrix under the pretext of promise of marriage which led to her consent, as she had been a willing party to sexual intercourse multiple times, which denote implied and explicit consent by her. Therefore, the Court held that the act of the convict would not fall within the parameters of rape. Read more
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
In an appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) read with Section 372 of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging the order of the Trial Court acquitting the accused of rape charges, the Division Bench of Rahul Chaturvedi and Nand Prabha Shukla, JJ., dismissed the appeal while holding that there existed a difference between making a false promise to marry and committing breach of promise to marry and that, even though laws relating to sexual offences are women centric to protect their dignity, a make partner is not always in the wrong. Read more
Bombay HC acquits four gang members convicted of murdering and attempting to murder rival gang members
The Division Bench of A. S. Gadkari* and Shyam C. Chandak, JJ., heard two criminal appeals and an interim application filed by the Appellants, convicted under Sections 302 and 307, read with Section 34 of the Penal Code, 1860 (“IPC”). The offences were committed due to a criminal group rivalry between the appellants and the prosecution. The Court held that the prosecution witnesses could not establish proof beyond reasonable doubt for the charges under Section 302 of IPC and acquitted them of the same. Further, even though the conviction of the appellants was upheld for the charges under Section 307 of IPC, the Court noticed that the appellants had already served sentenced in that offence’s respect, and therefore directed their release from jail. Read more
Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses
The instant appeal filed by the convict, challenged the judgment and order of the Additional Sessions Judge, Khed-Rajgurunagar, Pune, (“Trial Court”) convicting him of offences under Sections 302 and 201 of the Penal Code, 1860 (“IPC”), and sentencing him to undergo rigorous imprisonment for life and fine, for the murder of his wife and younger son. The Division Bench of AS Gadkari* and Shyam C Chandak, JJ., noted that the two star witnesses of the prosecution had given inconsistent and contradictory testimonies with respect to the persons accompanying the convict and the deceased on the day of the incident. Therefore, affording the convict the benefit of doubt, and Court set aside the impugned judgment and order, and acquitted the convict on all charges, directing his immediate release from incarceration. Read more
Quashing of Proceedings and FIR
Paramour of an accused cannot be dragged into proceedings under Section 498A of IPC; Karnataka HC reiterates
The criminal petition filed under section 482 Criminal Procedure Code (CrPc) praying to quash the FIR and information dated 22-09-2022 preferred by the Respondent No.2 and registered by the Respondent No.1. The bench of M. Nagaprasanna, J.* opined that if further proceedings are permitted to be continued, it would become an abuse of process of law. The Court further stated that it is a settled position of law that a paramour of an accused cannot be dragged into proceedings under Section 498-A of Penal Code, 1860 (IPC). Read more
‘Typical example of frivolous litigants abusing the Court process’; Jharkhand HC quashes criminal proceedings against Century Cement
In the petitions filed for quashing the entire criminal proceedings including the order taking cognizance dated 24-07-2019, pending in the Court of the Judicial Magistrate, First Class, Bokaro (‘Judicial Magistrate’), Sanjay Kumar Dwivedi, J., opined that the present controversy posed a typical example of frivolous litigants abusing the Court process to achieve their mischievous ends. The Court stated that the present case arose out of an agreement and the dispute, if any, was of civil nature and for that complaint case was filed. Further, the present case was filed after knowing about the complaint case filed by the petitioner-Century Cement (‘the Company’), which clearly suggested that this was a malicious prosecution against the petitioners. Thus, the Court quashed the complaint case, including the including the order taking cognizance dated 24-07-2019, pending in the Court of the Judicial Magistrate. Read more
Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation
The present criminal petition was filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash FIR registered by P.S. Central Crime Station against petitioner allegedly taking bribe to influence judges. K. Lakshman, J., directed that as the investigation was pending, FIR could not be quashed but opined that petitioner was protected from arrest till filing of the final report. Read more
Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket
In a criminal miscellaneous petition filed by petitioners under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking quashing of FIR registered against the petitioners for offences under Sections 420, 419, 471, and 120-B of the Penal Code, 1860 (IPC), a single-judge bench comprising of Sudesh Bansal, J., held that the petitioners’ involvement in the illegal kidney transplantation racket could not be dismissed at this stage, given the substantial evidence against the petitioners, including telephonic contacts and suspicious financial transactions and ongoing investigation. Read more
Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers
In an application under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash a FIR under Sections 377, 498-A, 294, 506 of the Penal Code, 1860 (‘IPC’) and the consequential proceedings on the ground that the allegations made were false and have been levelled against the petitioner 1-husband and his family members (‘petitioners’) only to give a criminal angle to a matrimonial dispute, Prem Narayan Singh, J., contemplated whether the consent of wife residing along with her husband during the subsistence of marriage can claim that the sexual act was committed with her without consent, and held that consent of wife is immaterial in a sexual act with her husband during the subsistence of marriage. Read more
‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case
In an application under Section 482 Code of Criminal Procedure, 1973 (‘CrPC’) to quash the summoning order issued by the Civil Judge, Senior Division (F.T.C.), Unnao (‘the Civil Judge’), on the ground that his arrest and subsequent legal proceedings were marred by procedural and substantive irregularities, leading to a false implication, Shamim Ahmed, J., held that mere performance of obscene or indecent act is not sufficient and there must be proof to establish that it was to the annoyance of others, thereby annoyance to others is essential to constitute an offence under Section 294 of the Penal Code, 1860 (‘IPC’). Read more
“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking to quash the FIR registered under Section 153-A of the Penal Code, 1860 (IPC) against the applicant, a folk singer, who uploaded a cartoon on her social media accounts which allegedly promoted enmity between different groups, a single-judge bench comprising of G.S. Ahluwalia, J., held that the applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony. The Court found that the applicant’s actions prima facie constituted promoting enmity between different groups, a punishable offence under Section 153-A IPC. The Court dismissed the application for quashment of FIR and stated that the applicant’s defense regarding intent should be examined during the trial. Read more
Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021
Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021 In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), praying for a stay on the cognizance and summoning order of the Court of Civil Judge, Shamim Ahmed, J., has quashed the impugned orders and criminal proceedings against all the 28 accused persons, and said that the investigation done by the police in this case is without jurisdiction and based on such invalid investigation report, the cognizance taken by the Magistrate is also illegal. Read more
Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations
A petition was filed seeking quashing of FIR dated 11-07-2014 registered at PS ACB, New Delhi under Sections of the Prevention of Corruption Act, 1988 against the present petitioner relating to case is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accept bribe money for extending favours inmates contrary to the Delhi Prisons Rules. Vikas Mahajan, J., quashed the FIR and the proceedings emanating therefrom as the evidence did not support the allegations of corruption and misconduct, and noted that the petitioner had been exonerated by both the inquiry officer and the UPSC. Read more
Know why Karnataka HC refused to quash proceedings against person charged for writing a woman’s mobile number on the walls of men’s toilet at Majestic Bus Stand?
While considering the instant petition challenging the criminal proceedings under Sections 501, 504, 507 and 509 of Penal Code, 1860 (IPC) against the petitioner for writing the complainant’s mobile number on the walls of a gents’ toilet at Majestic Bus Stand, the Bench of M. Nagaprasanna, J.*, refused to quash the proceedings and sternly noted that the petitioner’s that it was only a writing on the wall and no offence can be made out, cannot be considered in exercise of jurisdiction under Section 482 of CrPC. The Court further pointed out that the ingredients of Sections 501, 504, 507 and 509 of the IPC are clearly met in the instant case and the petitioner cannot get away with making belittling comments against a woman in public. Read more
No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility
In a petition under Section 482 of the CrPC and the application under Sections 397 and 401 of the CrPC seeking the quashment of FIR and charges on the grounds that the prosecutrix did not file an FIR immediately after the alleged incidents of rape but eventually married the petitioner, a single-judge bench comprising of Vishal Dhagat, J., found the prosecutrix’s narrative less credible based on lack of physical injuries and the delayed reporting of FIR and quashed the FIR and charges. Read more
Bail
Jharkhand High Court grants bail to former CM Hemant Soren in money laundering case involving illegal acquisition of land
In an application filed by the petitioner, Hemant Soren, seeking bail, as he was in custody in connection with a case registered under Section 3 of the Prevention of Money-Laundering Act, 2002 (‘PMLA’), Rongon Mukhopadhyay, J., opined that the statement of persons under Section 50 of the PMLA, designated the petitioner in the acquisition and possession of the property in 2010 without any material worth consideration. Further, all this while none of the ousted persons approached the competent authority to register any complaint, which was conveniently discounted by the Enforcement Directorate (‘ED’). The Court stated that the ED’s claim that its timely action had prevented the illegal acquisition of the land by forging and manipulating the records, appeared to be an ambiguous statement when considered in the backdrop of the allegation that the land was already acquired and possessed by the petitioner from 2010 onwards. Read more
Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant
In a case alleging illegal arrest and custodial death of a woman, the application seeking anticipatory bail by the police officials was rejected by Rajiv Ranjan Prasad, J. for the serious nature of the allegations. Read more
[Delhi Excise Liquor Policy] Delhi HC stays Trial Court’s order granting bail to Delhi Chief Minister Arvind Kejriwal
In a plea filed by Directorate of Enforcement (‘ED’) challenging the bail granted to Delhi Chief Minister Arvind Kejriwal by the Rouse Avenue Court on 20-06-2024, Sudhir Kumar Jain, J., imposed a stay on the bail, and stated that the Trial Court while passing the impugned order did not appropriately appreciate the material/documents submitted on record and pleas taken by ED and the averments/grounds as raised in the petition under Section 439(2) of the Code of Criminal Procedure, 1973 (‘the Code’) require serious consideration while dealing with said petition. read more
[NDPS Act] Mere filing of charge-sheet neither a ground nor has persuasive value to grant bail: Tripura High Court
An application was filed under Section 439(2) read with Section 482 of the Criminal Procedure Code, 1973 for cancellation of bail granted to respondent-accused by the Special Judge, Sepahijala District, Sonamura (‘the Special Judge’) vide Order dated 30-01-2024 in a case registered under Sections 20(b)(ii)(C), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’). Arindam Lodh, J., opined that the Special Judge had not kept in mind that granting bail to an accused for committing offences under the penal provisions of the NDPS Act was an exception and not a rule. Thus, the order dated 30-01-2024 was quashed and set aside. Read more
Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation
In a bail plea filed by the accused seeking to be released, for offenses alleged under Sections 363, 366, 376(3) of the Penal Code, 1860, (‘IPC’) and Sections 5(j)(2)/6 of the Protection of Children against Sexual Offences Act, 2012, (‘POCSO’), Rajeev Singh, J., while granting the accused bail subject to certain conditions, observed that the quality of investigation and supervision in the present case was poor, and directed the DGP to file affidavit of accountability of Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials. Read more
[PM Modi Fake Video Case] Delhi Court declares arrest of Congress Social Media Coordinator Illegal; Grants Bail
In an application by the Investigating Officer (‘IO’) to seek 3 days police custody remand of the accused, who was arrested due to a complaint that he had allegedly posted fake, morphed, and misleading information and photos of Prime Minister Narendra Modi to malign his reputation, Akanksha Garg, J. dismissed the application and held the arrest to be illegal since no proper notice was served under Section 41-A of the Code of Criminal Procedure, 1973 (‘CrPC’), as the accused was not given sufficient time to join the investigation. Read more
Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime
In the case where the petitioner, accused of facilitating cybercrime by activating and supplying SIM cards to co-accused involved in defrauding the complainant, had sought regular bail under Section 439 of the Criminal Procedure Code, 1973, Anoop Chitkara, J., has stated that given the serious nature of allegations, it was not a case for interim bail and that the massive number of SIM cards points towards the petitioner’s involvement in cybercrime and further investigation regarding usage of such SIM cards within the territory of the State of Haryana should be carried out. Read more
Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender
In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (“CrPC”) seeking bail in a case registered for offences punishable under Sections 20(b)(ii)(C) read with Section 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), V. Narasingh, J. released the accused on bail under specific conditions and terms fixed by the Court in seisin. Read more
Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case
In a bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of applicant-Amandeep Singh Dhall for regular bail, a Single Judge bench of Swarana Kanta Sharma, J. considering the seriousness of the allegations and the fact that an FIR already stands registered against Amandeep Singh Dhall for paying bribe to an officer of Enforcement Directorate for getting his name removed from the present case, the Court held that it did not find any grounds for the grant of bail to Amandeep Singh Dhall. Read more
‘Dealing liquor at personal level can create havoc in society’; P&H HC denies anticipatory bail to a woman accused of distilling liquor at her house
In an application filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 (‘CrPC’), apprehending her arrest in the FIR, wherein she was alleged to be distilling illicit liquor, Anoop Chitkara, J., while rejecting the bail application, opined that if people like the petitioner started dealing liquor at their own level, it could create a havoc in the society. Read more
Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan
In a successive bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), in connection with an FIR registered with the Anti-Terrorism Police Station, Ahmedabad for offences punishable under Section 66-F(1)(B) of the Information Technology Act, 2000 (‘IT Act’), M. R. Mengdey, J., dismissed the bail application holding that there was evidence on record to show that the applicant had shared national sensitive information with a lady in Pakistan. Read more
‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case
In a criminal revision challenging the denial of bail to the juvenile (applicant) by the Juvenile Justice Board and Session Judge on the ground that his release would defeat the ends of justice and expose him to moral, physical, or psychological danger, a single-judge bench comprising of Dinesh Kumar Paliwal, J., upheld the denial of bail to the juvenile. The Court held that while the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) aims to rehabilitate juveniles, it also must address the severity of the crime and the societal need for justice and in the present case, the juvenile’s release would deem inappropriate due to the nature of the offence and his potential threat to society and himself. Read more
‘Indulged into activity of inciting like-minded people to join them’; Bombay HC dismisses bail plea of three PFI members alleged to have conspired to transform India into an Islamic State
In the present case, three appeals were decided together, wherein there was a prayer for bail under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) pending on the file of the Special Judge, Nashik, registered with Anti-Terrorist Squad Police Station, Kalachowki, Mumbai, under Sections 121-A, 153-A, 120-B, 109, 116, 201 of the Penal Code (‘IPC’) and under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). Read more
‘Attending police station merely for evidence seems implausible’; AP HC sets aside order cancelling bail after photos showing accused visiting police station
In a criminal revision petition filed under Sections 397 and 401 of the Criminal Procedure Code, 1973 challenging the order passed by the Court of VI Additional Sessions Judge, Kakinada, East Godavari District (‘Sessions Court’) wherein the anticipatory bail initially granted to the petitioners-accused was cancelled, T Mallikarjuna Rao, J., set aside the impugned order of the Sessions Court. The Court found no ill intention on the part of the accused and directed them to be present before the jurisdictional court, twice a week, until the filing of the charge sheet. Read more
Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case; Directs her to not enter districts of Mysore & Hassan except for the purpose of investigation
While considering the instant petition seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) filed by Bhavani Revanna, mother of suspended Janata Dal (Secular) leader Prajjwal Revanna, the Bench of Krishna S. Dixit, J.*, granted anticipatory bail to the petitioner and clarified that she shall not enter the districts of Mysore & Hassan in any circumstance except for the purpose of investigation. Read more
Maintenance
[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court
In a review petition filed under Sections 397/401 read with Section 482 of the Criminal Procedure Code, 1973 (’CrPC’) against an impugned judgement of the Principal Judge, Family Court, Nalbari (‘the Trial Court’), Malasri Nandi, J., held that where the husband is able to finally sustain himself, he is obligated to provide financial support to his wife as well. Read more
Conviction and Sentence
[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA
The instant appeal was filed by the appellants under Section 12, Maharashtra Control of Organised Crimes Act, 1999 (“MCOCA”), impugning the order of the Special Judge, Civil and Sessions Court, Greater Bombay, (“Trial Court”), wherein their application for dropping the charges under the MCOCA and for transferring the case to the Court of Additional Sessions Judge had been rejected. The appellants had been convicted under various provisions of the Penal Code, 1860 (“IPC”), MCOCA, and the Maharashtra Police Act, 1951. The Division Bench comprising of A.S. Gadkari* and Shyam C. Chandak, JJ., upheld the Trial Court’s order, finding the appellants indicted with the organised crime syndicate, and there the MCOCA provisions could not be dropped qua them. Read more
‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband
In a criminal appeal challenging the decision of the Trial Court, whereby the convict was convicted for offence under Section 302 of the Penal Code (‘IPC’) and sentenced to undergo rigorous life imprisonment, the Division Bench of S. Vaidyanathan., CJ.*, and W. Diengdoh., JJ., partly allowed the appeal and modified the offence to fall within the ambit of the Exception 2 of Section 300 of the IPC. The convict was sentenced to three years imprisonment. Read more
Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case
In a criminal appeal filed under Section 374(2) of Code of Criminal Procedure (CrPC), 1973 against the Trial Court’s decision, whereby the convict was sentenced to undergo lifetime imprisonment and fine of Rs. 5000 for offences under Sections 147,148 and 436 r/w Section 149 of Penal Code (“IPC”), 1860 and for offences under Sections 302/201 r/w Section 34 of the IPC was imposed. The Division Bench of G. Satapathy* and D. Dash, JJ. on analysis of oral and documentary evidence found that the prosecution case against the convict was questionable, the witnesses’ evidence was suspicious, and there were no clear and conclusive evidence to support the convict’s guilt. Hence, the order of conviction by the Trial Court was set aside. Read more
Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory
In a criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (‘CrPC’), seeking to assail the conviction held by the Trial Court for offence under Section 302 of the Penal Code (‘IPC’), the Division Bench of D. Dash and G. Satapathy*, JJ. allowed the appeal and set aside the impugned decision. Read more
Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father
In an application filed by Kuldeep Singh Senger under Section 389(1) of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking the suspension of the sentence awarded to him for various serious offenses, including rape, murder, and other charges under the Penal Code, 1860 (‘IPC’) and Arms Act, 1959 during the pendency of the present appeal, a Single Judge Bench comprising of Swarana Kanta Sharma, J. dismissed the application while stating that the court was not inclined to allow the same given the antecedents of Kuldeep Singh Senger and the principles laid down by the Supreme Court in previous judgments. Read more
Transfer of Criminal Cases
Bombay HC transfers attempt to murder case from Pune Police to CID in the interests of proper investigation and complete justice
The instant appeal was preferred under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (“MCOCA”), challenging the order passed by the Additional Sessions Judge, Pune that allowed the Protest Petition filed by Respondent 2, rejecting the Report filed by the Investigating Officer (“IO”) under Section 169 of the Code of Criminal Procedure, 1908 (“CrPC”) and directing the IO to conduct detailed investigation on the statements of the witnesses and submit a chargesheet against the appellant. The Division Bench of AS Gadkari* and Shyam C Chandak, JJ., transferring the investigation to the State Crime Investigation Department (“CID”), modified the order of the Trial Court, to the extent of filing a chargesheet, and upheld the same. Read more
Others
Under what circumstances can a witness be recalled for reexamination under Section 311 of CrPC? Kerala HC answers
In a plea filed by the accused challenging the order of the Trial Court allowing a petition under Section 311 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by the prosecution for recall and reexamination of witness, A. Badharudeen, J., while dismissing the petition held that Section 311 CrPC empowered the Court to recall and examine any witness so required to meet the ends of justice and the determinative factor should be, whether the summoning/recalling of the said witness is in fact, essential to the just decision of the case. Read more
Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial
In a Revision Petition filed under Section 397 of the Criminal Procedure Code, 1973 (CrPC) and Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) challenging the discharge order of accused involved in a transnational drug trafficking syndicate, a single-judge bench of A. Guneshwar Sharma, J., set aside the discharge order and remanded back the case to the Special court to frame charges under Sections 22(c), 29, 60(3) of the NDPS Act and Section 468 of the IPC against the accused and proceed with the trial. Read more
‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference
In an interlocutory application filed under Section 391 of the Code of Criminal Procedure (CrPC), seeking to recall the informant for additional cross-examination, the division Bench, consisting of Justice S.K. Sahoo and R.K. Pattanaik, JJ., allowed the prayer and directed the Trial Court to summon the informant and to limit the cross-examination to the questions listed in the submitted questionnaire. Read more
Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court
The present jail appeal was preferred under Section 374 of the Criminal Procedure Code, 1973 (‘CrPC’) challenging the impugned judgment and order dated 01-10-2004 passed by the Additional Deputy Commissioner (Judicial), Phek, Nagaland under Sections 302 and 376 of the Penal Code, 1860 (‘IPC’), whereby the petitioner-accused was convicted and sentenced to undergo imprisonment for life. Read more
‘Deliberate attempt to mislead the Court’; Punjab and Haryana HC imposes costs of Rs 50 thousand for not disclosing similar petition that was dismissed for non-prosecution
In a petition filed by the petitioner seeking to quash the FIR registered under Sections 452 and 354 of the Penal Code, 1860 (‘IPC’), Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 and Section 354-A and 195-A of IPC, Sumeet Goel, J., noted that in the present petition, petitioner stated that he had not filed similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition, which was dismissed for non-prosecution on 01-04-2024 and the present petition was filed on 17-05-2024. Therefore, the inevitable conclusion was that a deliberate attempt was made to mislead this Court and such surreptitious attempts were needed to be curbed with an iron hand. Thus, the Court imposed the cost of Rs. 50,000 on the petitioner, which should be deposited by him with the Trial Court within eight weeks. Read more
Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers
In a petition under Section 482 of the Code of Criminal Procedure (‘CrPC’), the petitioner sought to quash a complaint alleging offences under Section 498-A of the Penal Code (IPC) committed in Australia. A. Badharudeen, J., held that, for an offence committed outside India, the proviso to Section 188 of the CrPC requires prior sanction from the Central Government, and therefore prosecution against such person would stand vitiated. Read more
Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC
In a revision petition under Section 397 of the Code of Criminal Procedure, 1973 (‘CrPC’) filed by petitioner seeking maintenance from father under Section 20(1)(d) of the Domestic Violence Act, 2005 (‘D.V. Act’) and challenging the order of the lower court, P.G. Ajithkumar, J., while dismissing the petition said that magistrates dealing with matters of maintenance under Section 20(1)(d) of the D.V. Act, should specify in the order whether maintenance was being ordered under Section 125 of the CrPC or under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (‘HAMA’). Read more
“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act”: Bombay HC
In a criminal writ petition before the Court filed by a Government Medical Officer, against the sanction order contained under Section 197 of the Code of Criminal Procedure, 1973 (“CrPC”), denying sanction for prosecution of the petitioner’s colleagues for offences punishable under Sections 506 and 509 of the Penal Code, 1860 (“IPC”), and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (“SC/ST Atrocities Act”), the Division Bench of Mangesh S Patil* Shailesh P Brahme, JJ., partly allowed the petition and upheld the refusal to sanction prosecution under S. 197, CrPC. The Court held that no previous sanction as contemplated under Section 197 CrPC would be necessary for investigating and filing final report for offences under Section 509 IPC and Section 3 of the SC/ST Atrocities Act. The Court also clarified that a bar contained in Section 197, CrPC cannot be read into the provisions of the Atrocities Act which does not contain any such condition precedent. Read more
Calcutta High Court reinstates Bimal Gurung Gorkha Janamukti Morcha Leader as accused in Madan Tamang Murder Case
Two criminal revision petitions were filed by petitioners, one by Bharati Tamang, a widow of deceased Madan Tamang then-president of the All-India Gorkha League (AIGL) whose murder forms the basis of the case and other by CBI challenging the order dated 17-08-2017 passed by the Chief Judge City Sessions Court Calcutta discharging the prime accused, Bimal Gurung, a prominent figure of the Gorkha JanaMukti Morcha (GJMM) in a case registered under Sections 147, 148, 149, 427, 506 and 302 read with Section 34 and 120B of IPC. Subhendu Samanta, J., reinstated Bimal Gurung as an accused in the murder case of Madan Tamang, ordering further trial proceedings based on the grave suspicion against him arising from the evidence presented. Read more
