Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court
1 year ago

Affidavit Necessary With Application Under S.156(3) CrPC; Directions In 'Priyanka Srivastava v. State of UP' Mandatory: Supreme Court

Live Law  

The Supreme Court, in its recent order, has stated that the directions passed by it in the decision of Mrs. Priyanka Srivastava & Anr. 6 SCC 287, are mandatory.The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. The Division bench of Justices Sanjiv Khanna and Dipankar Datta was hearing a criminal appeal arising from the Telangana High Court's order. If on a reading of the complaint, he finds that the allegations therein disclose a cognizable offence and the forwarding of the complaint to the police for investigation under Section 156 will be conducive to justice and save the valuable time of the Magistrate from being wasted in enquiring into a matter which was primarily the duty of the police to investigate, he will be justified in adopting that course as an alternative to taking cognizance of the offence itself.” Case Title: RAMESH KUMAR BUNG & ORS., STATE OF TELANGANA & ANR., Diary No.- 42984 – 2023 Citation : 2024 LiveLaw 213

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History of this topic

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy
2 months, 2 weeks ago

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy

Live Law  

On Friday, the Allahabad High Court stayed the entire criminal proceedings in a 34-year-old case against a man accused of rioting, taking into account the inordinate delay caused by the State/prosecution in concluding the case. A bench of Justice Saurabh Lavania also directed the Uttar Pradesh government's Director General and Additional Chief Secretary to file their personal affidavits regarding the …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
4 months, 1 week ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
7 months, 2 weeks ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
10 months, 1 week ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC
1 year, 6 months ago

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC

Live Law  

Relying on various Supreme Court judgments, a bench comprising of Justice Neeraj Tiwari said, “ In light of Section 12 of U.P. 13 of 1972 as well as law laid down by the Apex Court and this Court, I am of the firm view that any affidavit given before any Court of law be read as conclusive evidence in subsequent …

[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit
1 year, 11 months ago

[Application On Permanent Remission] Supreme Court Pulls Up State of Uttar Pradesh For Non-Compliance of Earlier Order; Seeks Affidavit

Live Law  

The Supreme Court of India recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission. A Bench headed by Justice Abhay S Oka came down heavily on the State for not complying the Court’s order dated February 7 and …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
3 years, 1 month ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB
4 years, 4 months ago

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB

Live Law  

The Karnataka High Court has partly allowed a petition filed by Minister C.T. Justice John Michael Cunha quashed and set aside the order dated October 6, 2016, issued by the Special Court under the Prevention of Corruption Act, referring the complaint made before it under Sections 13 read with 13 of the Act, to the Superintendent of Police, Anti-Corruption Bureau, …

Meghalaya HC Makes Verification Of Affidavits Mandatory; Holds Advocate Can't File Affidavit Based On Personal Knowledge [Read Order]
5 years ago

Meghalaya HC Makes Verification Of Affidavits Mandatory; Holds Advocate Can't File Affidavit Based On Personal Knowledge [Read Order]

Live Law  

The Meghalaya High Court has directed its Registry to ensure that affidavits filed by the parties during the course of proceedings are duly verified. The high court has also directed that parties' Advocates will not be allowed to file affidavits on the basis of their personal knowledge regarding the case. "The Registry is directed to henceforth insist on the affidavit …

Non-Filing Of Affidavit In Support Of Application U/s 156(3) CrPC A Curable Defect, Holds Uttarakhand HC [Read Judgment]
5 years, 7 months ago

Non-Filing Of Affidavit In Support Of Application U/s 156(3) CrPC A Curable Defect, Holds Uttarakhand HC [Read Judgment]

Live Law  

The Uttarakhand High Court has observed that non-filing of an affidavit in support of application filed under Section 156 of the Criminal Procedure Code is curable defect. In this case, the Magistrate, relying on the Apex Court judgment in Priyanka Srivastava vs. State of UP., rejected an application under Section 156, on the ground that it was not accompanied with …

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four …

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]
7 years, 6 months ago

Make It Mandatory For Candidates To File Documents Supporting Affidavit On Criminal Offences Before Elections: Petition In SC; Notice Issued [Read Petition]

Live Law  

The Supreme Court, on Friday, issued notice to the Centre and the Election Commission of India on a Petition seeking greater transparency in election process by making it mandatory for candidates to furnish documents along with an affidavit on information relating to criminal offences.A Bench led by Chief Justice Dipak Misra directed the respondents to file a response within four …

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