Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

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.

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

The Court noted that not allowing the petitioner to attend the sporting event may cause her to lose out on further opportunities which in turn may have a deterrent effect with regard to such position being provided to the athletes in India.

Jammu & Kashmir and Ladakh High Court
Case BriefsHigh Courts

“The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 CrPC, must evaluate whether the ends of justice would justify the exercise of the inherent power”