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In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.
It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
“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.”
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on unlawful consideration.
Supreme Court also stayed proceedings against Karnataka Ministers Ramalinga Reddy, MB Patil, and Congress leader Randeep Singh Surjewala over the protest in 2022.
This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.
“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”
Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”
“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”
“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
The Court quashed the proceedings on the ground that the district wherein the school was situated, does not come under the ambit of Karnataka Open Places (Prevention of Disfigurement) Act, 1981.
Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.
It is very unfortunate that now a days, in maximum cases the women are using false rape FIRs as a weapon just to grab money from State, which should be stopped.
We are now suffering from a virtual information diarrhoea where everyone is bombarded with messages. Hence, what is exchanged as a message on social media can have a very big influence within a short time. That is the reason as to why a person must exercise social responsibility while creating or forwarding a message.
The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.
The onus lies on the prosecution to prove that the sample of the contraband seized during investigation proceedings is the same which was forwarded to CFSL for examination and that there is no tampering of the same.
The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.