[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court
2 years, 2 months ago

[Undue Influence At Elections] Mere Endorsement On Police Requisition Not Sufficient To Prosecute Karnataka Law Minister JC Madhuswamy: High Court

Live Law  

The Karnataka High Court has held that for initiating proceedings for non-cognizable offences under Sections 171-F and 171-C of IPC, the Magistrate must grant permission after due application of mind. Holding thus, single judge bench of Justice S Sunil Dutt Yadav set aside the proceedings initiated against State's Law Minister JC Madhuswamy and restored the matter to the stage of the informant having appeared before the police authorities. The Law Minister contended that the endorsement issued by the magistrate court directing further investigation is not a proper procedure to be followed in light of the guidelines made in the case of Vaggeppa Gurulinga Jangaligi vs. Case Title: J C MADHUSWAMY v. STATE OF KARNATAKA Case No: CRIMINAL PETITION No.6535/2022 Citation: 2022 LiveLaw 403 Date of Order: 27TH DAY OF SEPTEMBER, 2022 Appearance: H.S.CHANDRAMOULI, SENIOR COUNSEL FOR KEERTHANA NAGARAJ, ADVOCATE AND RAJATH, ADVOCATE for petitioner; KIRAN JAVALI, SPP-I A/W ROHITH B.J, HCGP FOR R1; R2; SANDESH J. CHOUTA, SENIOR COUNSEL AS AMICUS CURIAE

Court State Proceedings Kar Permission Magistrate Requisition Madhuswamy  mere  law  procedure  prosecute  sufficient  minister  proceedings  karnataka  requisition  magistrate  endorsement  terms  court  jc  state  permission  madhuswamy  undue  order

History of this topic

Karnataka High Court Annual Digest 2024 [Part I]
2 weeks ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 weeks, 1 day ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 weeks, 1 day ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite
3 weeks, 1 day ago

Karnataka High Court Quashes Case Against Man For Printing 'Vote For Narendra Modi' Message On Wedding Invite

Live Law  

The Karnataka High Court on Tuesday quashed the criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Earlier, the court had while issuing notice to the respondents said, “There shall be an interim order of …

Arrest info enough, grounds of arrest not necessary: Karnataka HC
1 month, 1 week ago

Arrest info enough, grounds of arrest not necessary: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court ruled that the verdicts of the Supreme Court, that grounds of arrest are to be informed to the accused, applies to the accused arrested under the Unlawful Activities Act and Prevention of Money Laundering Act and not for accused arrested under the Indian Penal Code and Karnataka Control of Organised Crimes Act, 2000. If grounds …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 1 week ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite
1 month, 3 weeks ago

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite

Live Law  

The Karnataka High Court on Monday stayed all further criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'. Issuing notice to the respondents the high court said, “There shall be an interim order of stay …

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court
2 months ago

Departmental Proceedings Must Adhere To Governing Rules, Some Evidence Must Be Proved Against The Delinquent: Jharkhand High Court

Live Law  

While hearing a service law matter, the Jharkhand High Court has reiterated that departmental proceedings must adhere to established rules and some sort of evidence is required to be proved against the delinquent. Pathak presiding over the case, underscored, "It is true that in a matter of departmental proceeding under the service law, the interference by a Writ Court under …

Karnataka High Court Quashes Criminal Case Against BJP President JP Nadda For Remarks Made At Election Rally
2 months ago

Karnataka High Court Quashes Criminal Case Against BJP President JP Nadda For Remarks Made At Election Rally

Live Law  

The Karnataka High Court on Thursday quashed a criminal case registered against BJP national president J P Nadda relating to certain remarks made at an election rally in April, 2023 for allegedly unduly influencing voters. The complaint filed by the member of the flying squad of Election Commission stated that at a rally held on April 19, 2023 at the …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
4 months, 1 week ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

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 …

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC
5 months, 1 week ago

Party Not Required To Appear Before Police If Summons U/S 35 BNSS Does Not Contain Crime Number, Details Of Offence Alleged: Karnataka HC

Live Law  

The Karnataka High Court has said that in the event a notice issued by the police summoning a citizen under Section 35 of the BNSS does not contain the crime number, the offence alleged or the appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear …

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 …

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court
5 months, 2 weeks ago

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court

Live Law  

The Karnataka High Court on Friday dismissed a public interest litigation filed by Dasarahalli Member of Legislative Assembly S Muniraju, belonging to Bharatiya Janata Party, seeking a direction to the state government to release an amount of Rs 78 crore for carrying out the developmental work in his constituency. A division bench of Chief Justice N V Anjaria and Justice …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
5 months, 3 weeks ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
5 months, 4 weeks ago

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias

Live Law  

The Karnataka High Court has by interim order stayed the operation of an Enquiry Committee constituted by the Indian Institute of Management-Bangalore, to probe allegations of financial impropriety in raising travel claim bills against one of its Associate Professors. It was claimed that the constitution of the Committee to look into Das' alleged financial impropriety is made only as a …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
6 months, 2 weeks ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
7 months ago

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Live Law  

Citations: 2024 LiveLaw 233 To 2024 LiveLaw 242 Nominal Index: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. Needless to observe that Regulation 25 of the KSRTC Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.” Karnataka High Court Waives Compulsory Rural Service …

Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club
8 months ago

Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club

Live Law  

The Karnataka High Court has refused to quash proceedings initiated against licensed and unlicensed bookies operating within the Bangalore Turf Club who allegedly collected GST from the punters and TDS amount from the winning bettors but failed to deposit the same before the competent authority and also failed to maintain proper registers. Under the circumstances, I am of the opinion …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
9 months ago

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts

The Hindu  

The High Court of Karnataka has admonished the authorities of the State government for consistently passing orders of externment of persons by “blatantly and blissfully ignoring” the provisions of the Karnataka Police Act, 1963, and in deliberate violation of the directions issued in a series judgements by the High Court and the Supreme Court. Making it clear that “Any repetition …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
9 months, 1 week ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 3 weeks ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

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 …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
10 months ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
10 months, 2 weeks 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 …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
1 year ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

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 …

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 2 months ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer
1 year, 2 months ago

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

Live Law  

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. If the execution of the sale deed is not accepted by the complainant, it cannot mean that it would become a criminal breach of trust or cheating, as the case would be, as there …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 2 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior
1 year, 3 months ago

High Court Expunges 'Disparaging Remarks' Made By Sessions Court About Then Gurugram Police Commissioner In Corruption Case Against Junior

Live Law  

The Punjab & Haryana High Court has expunged the "disparaging remarks" made by a Sessions Court against former Police Commissioner of Gurugram, while deciding the anticipatory bail plea of a junior IPS officer.Justice Vinod S. Bhardwaj said, "The remarks extracted above were not integral for the final adjudication of the anticipatory bail application filed by accused–Dheeraj Kumar. The Punjab & …

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court
1 year, 6 months ago

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155 CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. Wherefore, it is not necessary for the informant alone to knock at the …

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court
1 year, 6 months ago

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of …

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court
1 year, 7 months ago

RP Act | Offence Under Section 127A Is Non-Cognizable, Police Cannot Investigate Without Magistrate's Order: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 127A of the Representation of Peoples Act is a non cognizable one. Justice Sunder Mohan held that since the punishment prescribed for the offence is imprisonment for a period of six months, as per Schedule II of the Criminal Procedure Code, it would be a non cognizable offence. "This …

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order
1 year, 8 months ago

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order

Live Law  

The Karnataka High Court on Thursday issued non-bailable warrants against a woman and directed the Commissioner of Police, Bengaluru to keep the woman present in court for failing to hand over custody of the minor child to her father, as directed by the court. A vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha while hearing …

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 …

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court
1 year, 10 months ago

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Live Law  

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka. A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the …

Karnataka High Court Directs Police, Election Commission To Provide Proper Training To Officials On Procedure For FIR Registration During Polls
1 year, 10 months ago

Karnataka High Court Directs Police, Election Commission To Provide Proper Training To Officials On Procedure For FIR Registration During Polls

Live Law  

The Karnataka High Court has directed the Chief Election Commission, State Election Commission and the Police Department to provide proper training to the officials, who are attached to the Election flying squad, on the procedure to be followed while reporting offences pertaining to Election Code violation. A single judge bench of Justice K Natarajan said most of the cases registered …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order
1 year, 11 months ago

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order

Live Law  

The Karnataka High Court has directed the Director General and Inspector General of Police to hold a departmental enquiry against police inspector Praveen K.Y of the Cottonpet Police station, for failure to comply with the order passed by the Magistrate court directing registration of First Information Report on a private complaint of theft. The magistrate court vide its order dated …

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates
2 years ago

[Departmental Action] Enquiry Officer Cannot Return A Finding On Allegation Which Is Not Part Of Chargesheet: JKL High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that an enquiry officer cannot return a finding on the allegation which is not part of the chargesheet. A bench comprising Justice Sanjeev Kumar observed, "The mandate of the enquiry officer holding disciplinary enquiry is to conduct enquiry into the charges framed against the delinquent and restrict his finding to …

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments
2 years, 1 month ago

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

Live Law  

The Karnataka High Court has dismissed a petition filed by Kannada actor Chetan A. Kumar for quashing of an FIR lodged against him under Section 505 of the Indian Penal Code, on charges of allegedly making statements which promote enmity, hatred or ill-will between different sections of the Society.Justice M I Arun said whether the statements made by Kumar amount …

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses
2 years, 1 month ago

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

Live Law  

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. It thus dismissed the petition filed by one Ramanji who is charged under Section 78 of the Police Act for allegedly running matka in a gambling bid. Ramanji submitted that the …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 2 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court
2 years, 3 months ago

Approval From Chairman Of State Pollution Control Board Must For Initiating Criminal Action Against Defaulters Under Air Act: Karnataka High Court

Live Law  

The Karnataka High Court has directed the Chairman of State's Pollution Control Board to hold necessary workshops to educate and train its officers as regards initiation of criminal proceedings under Air and Water Act. Thus, I am of the considered opinion that the approval of the Chairman is not an administrative decision but is a condition precedent and/or limitation imposed …

Representation Of Peoples Act | S.127A Prescribes Non-Cognizable Offence, Magistrate's Permission Mandatory For Police Investigation: Karnataka HC
2 years, 4 months ago

Representation Of Peoples Act | S.127A Prescribes Non-Cognizable Offence, Magistrate's Permission Mandatory For Police Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that offence under Section 127-A of the Representation of People Act is a non-cognizable offence and hence, permission for police investigation must be granted by Magistrate in terms of Section 155 of CrPC. A single judge bench of Justice S. Sunil Dutt Yadav allowed the petition filed by one Mahantesh Koujalagi and set aside …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 4 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

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