Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
8 months ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned FIR was lodged without jurisdiction as Section 171 H of IPC is described as a non-cognizable offence in the penal code and Section 195 CrPC specifically provides that no court shall take cognizance of any offence under Sections 172 to 188 except upon a complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. Hence, the investigation of such a non-cognizable offence by the police without prior permission of the competent Magistrate was illegal as per Section 155 CrPC. Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean to show permission is granted by the Magistrate to investigate such non- cognizable offence.

Investigation Court Charge Case Ipc Sheet Verma Permission Offence Magistrate Prior Permission  court  verma  charge  criminal  investigation  offence  hc  polls  permission  sans  leader  cognizance  sheet  noncognizable  quashes  father  case  sp  magistrate

History of this topic

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
11 hours, 12 minutes ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
1 week, 5 days ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
1 month, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
1 month, 1 week ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple
2 months, 4 weeks ago

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple

Live Law  

“To summon is a serious affair and it becomes more serious when summon is issued after rejecting outcome of investigation i.e. The magisterial court in its order rejected final report and issued summons to the doctor couple and other accused. The high court passed the order while hearing a plea moved by the doctor couple against the summoning order of …

Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'
4 months, 1 week ago

Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'

Live Law  

On Tuesday, the Allahabad High Court ordered an inquiry against a judicial officer who issued a summons against two accused to face trial for the offence under Section 3 U.P. A bench of Justice Saurabh Shyam Shamshery directed the District Judge, Kanpur Nagar, to inquire under which circumstances the summoning order was passed and, if necessary, to call the then …

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order
6 months ago

Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order

Live Law  

The Allahabad High Court recently observed that the use of blank printed proforma for passing the judicial order by the Magistrate is unacceptable, being indicative of nonapplication of judicial mind in passing the order. With these observations, the Court set aside a cognizance and summoning order passed by the Judicial Magistrate, Azamgarh, concerning a case under Sections 434, 506 IPC. …

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
6 months ago

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

Live Law  

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. It was the case of the accused persons that the police lodged an FIR and also submitted a Police Report under Section 188 IPC, which …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
6 months, 1 week ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
7 months, 3 weeks ago

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited

Live Law  

Recently, the Allahabad High Court has quashed criminal cases filed against the CFO, CEO & MD, and Senior Executive Vice President of Larsen and Toubro Limited. Relying on the decisions of the Supreme Court in Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others, Vijay Dhanuka and others v. Najima Mamtaj and others, Abhijit Pawar v. Hemant Madhukar …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 2 months ago

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

Live Law  

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 4 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

Delhi HC issues notice to police on Sharjeel Imam’s plea for quashing of chargesheet against him for his seditious speeches delivered at Jamia in 2019
1 year, 6 months ago

Delhi HC issues notice to police on Sharjeel Imam’s plea for quashing of chargesheet against him for his seditious speeches delivered at Jamia in 2019

Op India  

The Delhi High Court on Friday issued notice to Delhi Police on a plea moved by Sharjeel Imam challenging trial court proceedings against him in two cases for one speech delivered in Jamia Milia Islamia on December 13, 2019. An FIR was registered against Sharjeel Imam under sections related to ‘sedition’ and ‘promoting enmity between groups’ under IPC at Police …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 6 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court
1 year, 9 months ago

Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court

Live Law  

The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court. Thereafter, a charge sheet was submitted against the applicant in May 2022 under Sections 420, 376,306,406,120-B IPC and Section 67 of IT Act and Section …

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
1 year, 11 months ago

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Live Law  

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court
2 years, 2 months ago

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday observed that a victim has no right in law to drop the case of a non-compoundable offence of serious and heinous nature which badly affects society. However, the Court further noted that the Apex Court has, in a catena od decisions, cautioned that the proceeding of serious and heinous offences which affect the society …

Allahabad HC dismisses plea to quash chargesheet against anti-CAA protestors
2 years, 3 months ago

Allahabad HC dismisses plea to quash chargesheet against anti-CAA protestors

Op India  

The Allahabad High Court has dismissed an application to quash the chargesheet filed against five persons accused of attacking and pelting stones at police officers when they were attempting to disperse a crowd assembled to protest against the Citizenship Amendment Act in 2019. The chargesheet was filed on June 6, 2020, under Indian Penal Code Sections 147, 148, 332, 336, …

Allahabad HC Orders CBI Probe Into 'Fake' Cases Lodged Against Advocates, Others U/S 376IPC, SC/ST Act To Extract Money
2 years, 4 months ago

Allahabad HC Orders CBI Probe Into 'Fake' Cases Lodged Against Advocates, Others U/S 376IPC, SC/ST Act To Extract Money

Live Law  

In a significant order, the Allahabad High Court has directed the Central Bureau of Investigation to probe into a bunch of cases allegedly filed falsely against Advocates, others implicating them under charges of rape and offences under the SC/ST Act for the purpose of extracting money.The bench of Justice Gautam Chowdhary emphasized that in the interest of justice and to …

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed
2 years, 6 months ago

Gujarat High Court Refuses To Quash Extortion FIR Against Ex-ASG IH Syed

Live Law  

The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and Senior Advocate IH Syed for alleged assault and extortion, stating that the investigation is underway and thus, it is too early to opine on his innocence. The Gujarat High Court has refused to quash a FIR registered against former Assistant Solicitor General and …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 7 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Court Not Approached With Clean Hands: Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence
2 years, 7 months ago

Court Not Approached With Clean Hands: Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence

Live Law  

The Calcutta High Court on Monday upheld a Single Judge order allowing the Central Bureau of Investigation to take up investigation afresh in respect of a case pertaining to the West Bengal post poll violence even after the charge sheet had already been filed by the State police for the same offence and the case had already been committed for …

Allahabad High Court Judge Recuses From Hearing Ex-MLA Mukhtar Ansari's Chargesheet Quashing Plea In Funds Misappropriation Case
2 years, 8 months ago

Allahabad High Court Judge Recuses From Hearing Ex-MLA Mukhtar Ansari's Chargesheet Quashing Plea In Funds Misappropriation Case

Live Law  

Justice Rajiv Gupta of the Allahabad High Court on Wednesday recused himself from hearing a petition filed by former MLA Mukhtar Ansari seeking to quash a chargesheet filed against him by the Uttar Pradesh police in connection with a case of misappropriation of MLA Funds fund in the year 2012-13. Put up before another Bench after seeking nomination from Hon'ble …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 8 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

Allahabad High Court Dismisses Revision Plea Challenging Discharge Of MP Sakshi Maharaj In Rape, Kidnapping Case
2 years, 8 months ago

Allahabad High Court Dismisses Revision Plea Challenging Discharge Of MP Sakshi Maharaj In Rape, Kidnapping Case

Live Law  

The Allahabad High Court has dismissed a revision plea filed by the State Government against the discharge order passed by Special Judge, Etah in 2001 in favor of BJP MP Sakshi Maharaj in connection with a rape and kidnapping case.The Bench of Justice Shamim Ahmed upheld the discharge order by taking into account the findings of the trial court that …

Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item
2 years, 9 months ago

Allahabad HC Quashes Summoning Order Against Dainik Jagran's Editor-In-Chief For An Alleged Defamatory News Item

Live Law  

The Allahabad High Court today quashed a summoning order issued by a Court of the Magistrate against the Editor-In-Chief of the daily newspaper Dainik Jagran, Sanjay Gupta for publishing an alleged defamatory news item.The Bench of Justice Syed Aftab Husain Rizvi noted that in absence of specific allegations against the Chief Editor, the person holding the post can't be summoned.The …

Accused Charged With Serious Offence Must Not Be Stripped Of The Valuable Right Of Impartial Trial: Allahabad HC
2 years, 9 months ago

Accused Charged With Serious Offence Must Not Be Stripped Of The Valuable Right Of Impartial Trial: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that an accused who is charged with a serious offence, must not be stripped of his/her valuable right of a fair and impartial trial because it would be a negation of the concept of due process of law.The Bench of Justice Sanjay Kumar Singh observed thus while dealing with a 482 CrPC Application …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
2 years, 10 months ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings
2 years, 11 months ago

Alleged FB Post 'Tarnishing' Image Of UP Dy CM Keshav Maurya: Allahabad HC Refuses To Quash Criminal Proceedings

Live Law  

The Allahabad High Court recently refused to quash the charge-sheet, cognizance order as well as entire proceedings in a criminal case registered over an alleged Facebook Post 'Tarnishing' the image of Keshav Prasad Maurya, Deputy Chief Minister of Uttar Pradesh.The Bench of Justice Anil Kumar Ojha was hearing a 482 application filed by one Arun Kumar Jaiswal seeking to quash …

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine
3 years ago

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

Live Law  

The Delhi High Court on Friday issued notice on a petition involving a question of law as to whether the request for extension of period of investigation and pre-charge detention under proviso to Section 43D of Unlawful Activities Act should meet the threshold of "impossibility".The proviso sates:"if it is not possible to complete the investigation within the said period. The …

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court
3 years ago

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court

Live Law  

A bench of Justice B.V. Nagarathna and Justice M.R. Shah have recently observed in a case dealing with criminal conspiracy to cheat a bank and induce dishonest delivery of property, that "merely because some other persons who might committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings …

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission
3 years ago

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission

Live Law  

The Gujarat High Court on Wednesday quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in the year 2017 sans police permission.The Bench of Justice Gita Gopi was hearing a 482 CrPC application filed by Patel who sought quashing of the complaint registered with the police station for …

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal
3 years, 1 month ago

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal

Live Law  

The Allahabad High Court last week stayed the arrest of a law intern who stood in before a tribunal for his senior, under whom he was interning and sought adjournment in a case, and thereafter, charged for the offence of cheating by personation.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav prima facie noted that the petitioner over-zealously …

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband
3 years, 3 months ago

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

Live Law  

The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl.The Court was hearing the joint plea filed by the Woman and Man seeking quashing of the FIR claiming that the. The Allahabad High Court last week quashed an FIR registered against a Muslim under …

Allahabad High Court Questions Police Officer's Conduct In Interrogating & Frequently Visiting Lawyer Of An Inter-Religious Couple
3 years, 3 months ago

Allahabad High Court Questions Police Officer's Conduct In Interrogating & Frequently Visiting Lawyer Of An Inter-Religious Couple

Live Law  

The Allahabad High Court has called for an explanation from an SHO of Bareilly District regarding his conduct in relation to interrogation and frequent visits to the home of a Lawyer who had represented an inter-religious couple in their protection plea filed before the Court.The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma was hearing the plea of …

HC quashes two FIRs lodged against BJP MP Nishikant Dubey’s wife
3 years, 9 months ago

HC quashes two FIRs lodged against BJP MP Nishikant Dubey’s wife

Hindustan Times  

The Jharkhand high court on Thursday quashed two FIRs lodged by the police against BJP’s Godda parliamentarian Nishi Kant Dubey’s wife and her company Online Entertainment Pvt Ltd for allegedly inking illegal land deals. HT Image The matter relates to a complaint lodged by one Vishnukant Jha with the Deoghar town police station on July 13 last year against Dubey’s …

CBI Investigation Can Be Ordered Even After Submission Of Chargesheet In An Appropriate Case: Supreme Court
4 years ago

CBI Investigation Can Be Ordered Even After Submission Of Chargesheet In An Appropriate Case: Supreme Court

Live Law  

The Supreme Court has observed that there is no embargo on it to transfer an investigation to the CBI after submission of the charge-sheet.The bench comprising Justice DY Chandrachud, Indu Malhotra and Indira Banerjee observed thus while cancelling anticipatory bail granted to in-laws of a deceased woman in a dowry death case and also directing the Central Bureau of Investigation …

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court
4 years ago

Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court

Live Law  

The Bench of Justice Ajay Bhanot was hearing the plea of applicant-accused who contended before the Court that even if the evidence collected during the investigation as well as the FIR is taken on their face value, no offence is disclosed against the applicants. Importantly, the Counsel for the applicant contended that though the original charge sheet was drawn up …

Delhi Riots: Court Takes Cognisance of Charge Sheet Against Sharjeel Imam, Umar Khalid in UAPA Case
4 years ago

Delhi Riots: Court Takes Cognisance of Charge Sheet Against Sharjeel Imam, Umar Khalid in UAPA Case

Live Law  

A Delhi court Tuesday took cognisance of the supplementary charge sheet filed against former JNU student Umar Khalid and JNU student Sharjeel Imam in a case of the north east Delhi riots.While the court decided to proceed against them for the offences under the stringent Unlawful Activities Act, it did not take cognisance of the offences of sedition, criminal conspiracy …

"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine
4 years, 1 month ago

"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine

Live Law  

The Supreme Court will examine the issue whether a High Court, while considering a petition to quash FIR, pass an order protecting the accused from arrest until the submission of the charge sheet under Section 173 of the Code of Criminal Procedure? The bench comprising Justices DY Chandrachud and Indu Malhotra issued notice in an SLP filed against Allahabad High …

Allahabad HC Protects 2 Anti-CAA Protesters From Arrest Till Filing Of Police Report
4 years, 1 month ago

Allahabad HC Protects 2 Anti-CAA Protesters From Arrest Till Filing Of Police Report

Live Law  

The bench of Justice Bachchoo Lal and Subhash Chandra Sharma were hearing the writ petition by the accused for quashing of the F.I.R. The name of the petitioner no.2- Shubaibur came into light in the second statement of the informant- Santosh Kumar Dubey, S.H.O., Police Station Kareily, thereafter arrested co-accused Fazal Khan disclosed the name of petitioners. and argued that …

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court
4 years, 1 month ago

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court

Live Law  

"It is unfortunate that clients are suffering for cases which can easily be disposed of but for the reasons that the Members of Bar have been abstaining from judicial work creating a backlog of cases", the Allahabad High Court observed on Monday. Perusing the same, the Court said, "From the perusal of the same, it indicates that for various reasons, …

[Mob Attacks On Police] 'New Found Behaviour Amongst Citizens Of Disobeying Law', Allahabad HC Expresses Its Concern [Read Order]
4 years, 2 months ago

[Mob Attacks On Police] 'New Found Behaviour Amongst Citizens Of Disobeying Law', Allahabad HC Expresses Its Concern [Read Order]

Live Law  

While expressing its concern over the increasing cases of mob attacks on police, the Allahabad High court on Thursday declined to quash a charge sheet filed against the applicants accused of assaulting the police with sticks and iron-rods. Facts of the Case as observed by the Court It was alleged that two young men were asked to stop their two-wheelers …

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC
4 years, 2 months ago

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC

Live Law  

The Supreme Court on Thursday set aside the Allahabad High Court order which had allowed former Union Minister and BJP leader Chinmayand to seek a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. A Bench headed by Justice UU Lalit dictated the Order and stated that the appeal filed by …

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