Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]
4 years, 5 months ago

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162 of the Code of Criminal Procedure, 1973. Section 162 of the Code provides that, no statement made by any person to a police officer in the course of investigation, shall, if reduced into writing, be signed by the person making it. So the issue considered by the Court was whether the bar or prohibition under Section 162 of the Code would apply to information collected from a person by a police officer during the course of the investigation through a letter or other written communication made to him by such person. The Court referred to the judgment in Kali Ram v. State of Himachal Pradesh : AIR 1973 SC 2773, wherein it was held that the prohibition relating to the use of a statement made to a police officer during the course of an investigation cannot be set at naught by the police officer not himself recording the statement of a person but having it in the form of a communication addressed by the person concerned to the police officer.

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History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
1 hour, 44 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
1 week ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants
1 week, 1 day ago

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

Live Law  

The Kerala High Court on Tuesday stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission which is stated to have said that the name and password of several PSC applicants were available on the dark …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 weeks, 2 days ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises
1 month, 2 weeks ago

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises

Live Law  

The Kerala High Court today inquired from the State government as well as the Director General of Police whether there are any orders/ guidelines regulating the conduct of Police officers in court premises. “.we feel it necessary to direct the 1st and 2nd respondents to make available before this Court all such orders, circulars, office memorandums if any that have …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court
1 month, 3 weeks ago

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

Live Law  

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders. The Court was hearing a contempt petition alleging violation of the Apex Court guidelines in D K Basu v State …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
2 months ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
2 months, 1 week ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 4 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
4 months, 3 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 …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
4 months, 3 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court is set to pronounce its verdict on Tuesday on a petition filed by a film producer challenging the State Information Commission’s order to release contents of the Hema Committee report containing issues facing women in the Malayalam film industry. Arun reserved the order for August 13, 2024 after conclusion of the hearing on a petition filed …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
5 months ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court
5 months, 1 week ago

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

The Hindu  

In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
5 months, 1 week ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
5 months, 4 weeks ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court
6 months, 3 weeks ago

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court

Live Law  

A single bench of Justice Mary Joseph of the Kerala High Court has held that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness his body search. The Court held that it is settled law that a person …

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report
7 months ago

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

Live Law  

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with witnesses statements and documents, hereinafter. This direction shall be complied strictly hereinafter.” The Court stated …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
7 months, 2 weeks 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 …

[Actress Assault Case] Kerala High Court Directs Sessions Judge To Provide Copies Of Statements Of Persons Examined During Inquiry To Survivor
8 months, 3 weeks ago

[Actress Assault Case] Kerala High Court Directs Sessions Judge To Provide Copies Of Statements Of Persons Examined During Inquiry To Survivor

Live Law  

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actress sexual assault case, involving Malayalam actor Dileep copies of statements of persons examined during the fact-finding inquiry. The Sessions judge is directed to henceforth issue copies of statements of persons who were examined in the inquiry,” stated the Court The Court …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
9 months ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
9 months ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 4 weeks ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court
10 months, 2 weeks ago

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

Live Law  

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, …

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction
10 months, 3 weeks ago

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction

Live Law  

The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque. Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to …

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case
1 year, 1 month ago

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income. A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or …

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court
1 year, 2 months ago

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

Live Law  

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order. In other words, the Magistrate is required to give reason for thinking that the case ought to be …

Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry
1 year, 2 months ago

Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry

Live Law  

Suspecting foul play in the FIR lodged by a Police Inspector against a 51-yr-old woman for allegedly threatening and abusing him over the phone, the Kerala High Court has ordered the State Police Chief to inquire the facts that led to the FIR.The petitioner-accused, who had pleaded her case in person 'teary eyed' before the Court, was booked under Section …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 3 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
1 year, 3 months ago

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

Live Law  

The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC. Justice A. Badharudeen observed thus: “it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or …

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]
1 year, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]

Live Law  

Citations: 2023 LiveLaw 609 To 2023 LiveLaw 638 SUBJECT WISE INDEX Abkari Act Person receiving information of crime or detecting the occurrence can investigate it. V. Senthil Balaji v. State, 2023 LiveLaw 611 : 2023 INSC 677 ESI Electronics shop repairing & servicing electrical goods is a “factory” under ESI act. V. Senthil Balaji v. State, 2023 LiveLaw 611 : …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 4 months ago

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court

Live Law  

The Kerala High Court last week held that recalling a witness under Section 311 CrPC must be done only when there is a strong and valid reason to do which should be recorded by the competent authority. A strong and valid reason should be recorded for the exercise of that power facilitating a just decision.” The Court added that the …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

S.5 Criminal Procedure (Identification) Act | Magistrate Can Order Accused To Give Handwriting Sample Even In Absence Of Arrest: Kerala HC
1 year, 4 months ago

S.5 Criminal Procedure (Identification) Act | Magistrate Can Order Accused To Give Handwriting Sample Even In Absence Of Arrest: Kerala HC

Live Law  

The Kerala High Court recently held that until specific provisions are enacted in CrPC, Magistrates are empowered to order the collection of handwriting samples of accused for investigation purposes and that such orders do not inherently violate Article 20 of the Constitution.Justice Raja Vijayaraghavan added that Magistrates have the jurisdiction to. The Kerala High Court recently held that until specific …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 7 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case
1 year, 7 months ago

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

Live Law  

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 7 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds
1 year, 9 months ago

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds

Live Law  

Citing technical reasons, the Kerala High Court on Friday quashed the trial court proceedings against Transport Minister of Kerala, Antony Raju in connection with the evidence tampering case against the Minister pending before Judicial First Class Magistrate Court, Nedumangad, in Thiruvananthapuram. However, the single bench of Justice Ziyad Rahman clarified that this would not preclude the competent authority or the …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
1 year, 10 months ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 10 months ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC
1 year, 11 months ago

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC

Live Law  

The Kerala High Court in a significant judgment held that where the Court is constrained to undertake the responsibility of comparing the disputed writing or signature with the admitted handwriting or signature, it shall make a careful study, of the same with the assistance of counsel, to ascertain the similarities and dissimilarities, and not merely a casual or routine glance. …

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers
2 years ago

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers

Live Law  

The Kerala High Court on Friday dismissed the plea moved by an ex-councillor of Thiruvananthapuram Municipal Corporation for CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.Justice K. Babu dismissed the. The Kerala High …

Judicial Service Examination- Practice Questions on First Information Report
2 years ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years, 1 month ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 1 month ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order
2 years, 2 months ago

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order

News 18  

Upholding the order of a single-judge bench, a division bench of the Kerala High Court held that the Central Bureau Investigation is not liable to furnish information under the Right to Information Act as it is included in the second schedule of the Act, which exempts security organisations established by the Central Government. The Assistant Solicitor General argued that orders …

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court
2 years, 2 months ago

CBI Not Liable To Furnish Information Under RTI Act, Exempted U/S 24: Kerala High Court

Live Law  

The Kerala High Court recently observed that the Central Bureau of Investigation is not liable to furnish any information sought under the RTI Act, as it is included in the second schedule in contemplation of Section 24 of the RTI Act which exempts certain organisations from the Act.As per Section 24 of the RTI Act, the Act shall not apply …

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