CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**
FIR
Madras HC quashes FIR against former DGP accused of forwarding offensive WhatsApp message against Chief Minister MK Stalin
Madras High Court took note of the affidavit filed by the petitioner, wherein he regretted for his conduct, and he has recorded his regards to M.K.Stalin in unequivocal terms. Further, he said he will not subscribe to or endorse the alleged message in any way.
[S. 498-A] ‘In-laws asking daughter-in-law to show them the house cleaned by her on video call is a sadist manner of ill-treatment’; Bombay HC refuses to quash FIR
The complainant was pitted against the might of petitioners, i.e., husband, father-in-law, and three sisters-in-law, who were abusing and ill-treating her on petty issues and their sole aim was to extort money from her and her parents.
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court
The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”
‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence
The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.
‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives
“The nature of abusive language is not specific. Applicant 1 was naturally at the house, and there was no evidence of intent. Therefore, ingredients of Section 503 IPC as punishable under Section 506 IPC are not made out.”
‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM
As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.
Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation
The Court opined that the allegation that money is obtained to bribe the judges of this Court casts a serious doubt on the independence of judiciary and implies that justice is up for sale and such serious allegations need to be investigated.
Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021
“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”
[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR
FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.
Supreme Court upholds Punjab & Haryana HC order quashing FIR against Gurmeet Ram Rahim for alleged insulting speech against Sant Kabir Das and Guru Ravidas
Gurmeet Ram Rahim is currently serving a jail sentence of 20 years, due to his conviction for the rape of two women.
J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences
The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.
Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case
The High Court found the cause of action to be untenable as the petitioners were already accused in a similar case.
Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties
Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.
Delhi High Court directs expeditious conclusion of Magisterial inquiry into the custodial death of a 32-year-old man
Sheikh Sahadat, a 32-year-old person was found dead in police custody with black and blue marks of beatings all over his back and chest and with swelling on his hands and legs.
Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint
Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.
College Romance Web Series | Supreme Court quashes obscenity case against The Viral Fever
The Delhi High Court had earlier directed registration of a First Information Report (‘FIR’) against the makers of TVF web series ‘College Romance’.