Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident
Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence
crpc
Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case
“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”
Jurisdiction in Cybercrimes and Civil Disputes
by Nishant Verma†
‘Non-compliance of Section 173(2) of CrPC raises many legal issues’; SC discusses police report procedure and contents in detail
“The form of the police report under Section 173(2) of the CrPC is prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty.”
Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers
The High Court answered the question in negative pointing out that Section 125, CrPC envisages that wives, parents and minor children can claim for maintenance.
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case
It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.
Can Other Law Enforcement Agencies Take Up Investigations Parallel to SFIO Investigations? Ashish Bhalla v. State: A Case Comment
by Anuj Berry†, Sourabh Rath††, Megha Janakiraman††† and Aparajito Sen††††
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs
“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”
Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case
Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.
Calcutta High Court upholds legality of trial proceedings; dismisses Revision due to advance trial stage and absence of prejudice
Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.
Allahabad High Court explains scope of Sections 311 and 233 CrPC concerning production of defence witness during trial
“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”
Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
[8 Stray Puppies’ Death] S. 372, CrPC does not give victim a right to appeal to challenge the quantum of punishment: Karnataka HC
In this case the complainant had challenged the “flea bite sentence” passed by the Trial Court against the accused who had pleaded guilty of causing death of 8 stray puppies.
‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application
“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”
Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”