2 years, 9 months ago

Right To Defend Can't Be Illusory: Karnataka HC Orders Evidence Collected Prior To NIA Probe Be Supplied To Accused In 2020 Bangalore Riots Case

Live Law

The Karnataka High Court has directed the National Investigation Agency to furnish in two weeks time the documents which include statements of witnesses recorded by the local police investigating the DJ Halli riot case of 2020, to an accused in the case. A single judge bench of Justice M Nagaprasanna set aside the order passed by the special court rejecting the application filed by accused Muzammil Pasha under Section 207 of CrPC. Statements that are recorded by the Police prior to the investigation taken up by NIA are not relied on by NIA, they do not form part of the charge sheet and therefore, they cannot be furnished to the petitioner and would submit that it is a matter of trial and when the trial commences, the documents that are needed can be secured in a manner known to law. and the aforesaid opinion of the three Judge Bench of the Apex Court in a suo motu proceedings, what would unmistakably emerge is, the statements recorded by the Police under Section 161 or 164 of the Cr.P.C., after registration of the crime should be furnished to the accused.

Defense Trial Court Documents Order Statements Accused Kar Nia Recorded Crpc Section 173 Section 207 Those Statements prior crpc documents accused trial nia recorded court statements right order riots orders supplied hc karnataka defense illusory probe

History of this topic

Telangana HC upholds CBI court’s rejection of plea to release Janardhan Reddy’s seized assets

Trending News

6 days, 5 hours ago

Telangana HC upholds CBI court’s rejection of plea to release Janardhan Reddy’s seized assets

New Indian Express

HYDERABAD: Justice J Lakshman of the Telangana High Court has upheld the orders of the CBI court rejecting a plea to direct the CBI to release the 54 kg gold ornaments, Rs 3 crore in cash and bonds seized during the arrest of mining baron Gali Janardhan Reddy. Justice Lakshman was hearing a batch of three petitions filed by Gali …

1 month ago

2020 Bengaluru Riots: Supreme Court Denies Bail To Accused, Directs Karnataka Govt To Establish Additional NIA Court For UAPA Offences

Live Law

The Supreme Court today declined to grant bail to Shabbar Khan, charge-sheeted in a Unlawful Activities Act, 1967 case related to the riots which happened in Bengaluru on August 11, 2020. On January 31, the matter was heard by a bench of Justices B.V. Nagarathna and Satish Chandra Sharma, the Court asked the National Investigation Agency how much time it …

1 month, 2 weeks ago

'Protection Was Not There On Date Of Offence': Supreme Court Questions Former Karnataka CM's HD Kumaraswamy's Plea

Live Law

The Supreme Court today briefly heard a Special Leave Petition filed against the Karnataka High Court's order refusing to quash a criminal case registered against former Chief Minister of Karnataka, H D Kumaraswamy, in which it is alleged that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister. The Supreme …

1 month, 3 weeks ago

Special court issues notice to Karnataka CM in defamation case

New Indian Express

BENGALURU: A special court in the city issued a notice to Chief Minister Siddaramaiah on Saturday on a private complaint filed by an activist on charges of defamatory statements against him. Abraham filed the complaint for the offence punishable under Section 356 of BNSS, 2023, against Siddaramaiah, who allegedly made a defamatory statement against him after the Governor Thawaarchand Gehlot …

2 months ago

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case

The Hindu

The High Court of Karnataka on Friday reserved its judgment on the petition filed by former Chief Minister B.S. ‘No sexual assault’ Earlier, Senior Advocate C.V. Nagesh, appearing for Mr. Yediyurappa, denied the allegation and contended that the statements given by the witnesses and the pieces of evidence disclose that there is not even probability of occurrence of the incident …

5 months, 2 weeks ago

Karnataka HC junks plea claiming NIA probe targets minorities

New Indian Express

BENGALURU: The Karnataka High Court turned down the contention of an accused in the killing of Harsha, a cow protection activist and member of the Bajrang Dal, in Shivamogga, that the case was entrusted to the NIA to target members of the minority community. A division bench of Justices Sreenivas Harish Kumar and JM Khazi passed the order, dismissing the …

7 months, 3 weeks ago

Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials

Live Law

The Karnataka High Court has refused to discharge an alleged member of the banned terrorist organisation Lashkar-e-Taiba, who was charged for conspiring to kill Hindu leaders and government officials in 2012. A division bench of Justice Sreenivas Harish Kumar and Justice JM Khazi dismissed the petition filed by Dr. Sabeel Ahmed @ Motu Doctor, who challenged the Sessions court order, …

8 months ago

NEET UG 2024 row: SC issues notice on NTA pleas seeking transfer of case in Rajasthan HC to top court

India TV News

The Supreme Court on Monday issued notice on the petitions filed by the National Testing Agency, which sought the transfer of pending cases before the Rajasthan High Court, related to the NEET-UG 2024 examination. The Supreme Court had also asked the CBI, the Central government and the NTA to file affidavits and listed the matter on July 11. Later on …

11 months, 1 week ago

BJP MLA Sadhvi Pragya directed to attend court proceedings

Hindustan Times

MUMBAI: A special NIA court on Monday directed BJP MP Sadhvi Pragya Singh Thakur, a key accused in the September 2008 Malegaon bomb blast case, to appear in court from April 20 onwards. The trial court is currently in the process of recording statements from the accused under section 313 of the CrPC, providing them with an opportunity to address …

1 year ago

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI

The Hindu

The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation the probe into an attack on a team of Directorate of Enforcement officers at Sandeshkhali on January 5. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against …

1 year ago

NIA Court Directs Appearance Of BJP MP Pragya Thakur In Connection With Malegaon Blast Case, Warns Of 'Necessary Steps' On Failure To Comply

Live Law

A special National Investigation Agency court in Mumbai recently directed BJP MP Pragya Singh Thakur, an accused in the 2008 Malegaon blast case, to appear before it starting from Tuesday for the recording of statements. Thakur, along with eleven others, is facing trial in the case under various sections of IPC, Unlawful Activities Prevention Act, Explosive Substances Act, Indian Arms …

1 year, 10 months ago

West Bengal Approaches Supreme Court Against Calcutta HC Order For NIA Probe Into Ram Navami Violence

Live Law

The Supreme Court on Thursday heard the petition filed by the State of West Bengal against the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala decided to post the …

1 year, 10 months ago

Calcutta HC orders NIA probe into death of 2 men in alleged police firing in 2018

Hindustan Times

KOLKATA: The Calcutta high court on Wednesday ordered a probe by the National Investigation Agency into the death of two men in alleged police firing in North Dinajpur district over recruitment of teachers in a high school in North Dinajpur district in 2018, a lawyer said. Wednesday’s high court order came on a petition by the families of the two …

1 year, 10 months ago

Calcutta HC orders NIA probe into Ram Navami violence

Hindustan Times

The Calcutta high court on Thursday ordered the National Investigation Agency to probe into the violence that occurred in West Bengal’s Howrah district during the Ram Navami celebrations in March. The high court ordered the state police to hand over the investigation to NIA Hearing a PIL moved by Bharatiya Janata Party legislator and leader of the opposition in the …

1 year, 10 months ago

National human rights panel's notice to Bengal DGP over Ram Navami violence

India Today

The National Human Rights Commission has taken cognizance of a complaint alleging an attack by miscreants on Ram Navami procession despite permission in West Bengal's Howrah district. The right's body has issued notices to the Bengal Director General of Police and the Howrah Commissioner of Police, directing them to enquire into the matter and submit a report within two weeks. …

1 year, 11 months ago

Supreme Court sets aside HC order for CBI probe in MoS convoy attack in Bengal

Hindustan Times

The Supreme Court on Thursday set aside a Calcutta high court order for a probe by the Central Bureau of Investigation into an alleged attack on a convoy of Union minister of state for home Nisith Pramanik in West Bengal in February this year. A bench headed by Chief Justice of India Dhananjaya Y Chandrachud also asked the high court …

2 years, 2 months ago

West Bengal: NIA Files Chargesheet Against 14 Accused In Ekbalpore Violence Case

ABP News

The National Investigation Agency has filed a chargesheet against 14 people in a case about the clash between members of two communities in West Bengal last year, an official said on Sunday, as reported by the news agency PTI. The case was initially registered at the Ekbalpore Police Station on October 10, 2022, and it was re-registered by the NIA …

2 years, 9 months ago

Forced Religious Conversion In Bengal's Malda District: Calcutta High Court Orders CBI-NIA Probe

Live Law

The Calcutta High Court on Thursday ordered the Central Bureau of Investigation and the National Investigation Authority to probe an alleged case of forced conversion in West Bengal's Malda district.Justice Rajasekhar Mantha was adjudicating upon a plea moved by two women who had claimed that their husbands, brothers by relation and residents of Kaliachak area of the district,. The Calcutta …

3 years, 1 month ago

Trial Court Closes Proceedings Against Karnataka BJP Chief Naleen Kumar Kateel For Allegedly Intimidating Police Officer

Live Law

The Karnataka High Court was informed by BJP Member of Parliament, Naleen Kumar Kateel, that the trial court has accepted the B-report and closed the proceedings initiated against him for allegedly intimidating a police inspector Maruthi Nayak, in the year 2017. Advocate H Pavana Chandra Shetty appearing for the petitioner who had sought quashing of the FIR registered against him …

3 years, 3 months ago

Continuous Parade Of Witnesses Turning Hostile – Victims Of Malegaon 2008 Blast Write To NIA, Place Letter On Court's Record

Live Law

A victim's father in the 2008 Malegaon Blast Case involving BJP MP Pragya Singh Thakur and Lt Colonel Prasad Purohit has set alarm bells ringing with a letter to Nation Investigation Agency after eight crucial witnesses were declared hostile. The victim says in the letter that the NIA took over the case much later and it was the State's ATS …

3 years, 8 months ago

Ghaziabad FIR: Karnataka High Court Defers Order In Twitter India Head's Challenge To UP Police Notice Till July 20

Live Law

The Karnataka High Court has deferred pronouncement of its order in the petition filed by the Managing Director of Twitter Communications India Private Ltd, challenging the notice issued to him under Section 41A of the Code of Criminal Procedure in the Ghaziabad FIR. On June 24, the Court had restrained the Uttar Pradesh police from taking coercive action against Maheshwari, …

3 years, 8 months ago

Unhappy Over Reports On Twitter Case Hearing, Karnataka High Court Cautions Media

Live Law

The Karnataka High Court on Wednesday expressed its unhappiness at the way in which media houses and platforms had reported yesterday's court hearing in the matter of Manish Maheshwari, an employee of Twitter Communication India Private Limited, who has challenged the Section 41A CrPC notice issued by the Uttar Pradesh Police in the Ghaziabad FIR. The Court on Tuesday had …

3 years, 8 months ago

Why Calcutta HC dismissed West Bengal plea to recall order directing NHRC to probe post-poll violence

Firstpost

Earlier, the high court had directed the Chairperson of the National Human Rights Commission to constitute a committee for examining all cases of alleged human rights violations in the post-poll violence in West Bengal The Calcutta High Court on Monday dismissed the West Bengal government’s plea for recalling its order that directed the National Human Rights Commission to examine all …

4 years, 3 months ago

Any Resolution Passed To Deny Legal Representation To Person Arrested Over 'Free Kashmir' Poster? Karnataka HC Asks Mysore Bar Association

Live Law

The Karnataka High Court on Tuesday directed the Mysore District Bar Association, to by January 19, 2021, produce on record of the court the resolution, if any, passed by it along with its statement of objections precluding all its members from representing Nalini Balakumar, the student who was indicted on the charges of Sedition for holding a 'Free Kashmir' placard …

4 years, 6 months ago

NIA To Take Over Investigation Of Bengaluru Riots Case

Live Law

The National Investigation Agency on Friday informed the Karnataka High Court that Central Government has taken a decision and is likely to pass an order either today or tomorrow, transferring two cases registered under the Unlawful Activities Act, in respect of the violence that took place within the limits of the DJ Halli and KG Halli police station, on August …

4 years, 7 months ago

Karnataka HC Dismisses Petition Seeking NIA Probe Into Sedition Case Against Amulya Leona

Live Law

The Karnataka High Court on Tuesday rejected a petition filed by advocate H L Vishala Raghu, seeking to transfer the sedition case registered against 19-year-old Amulya Leona, to the National Investigation Agency. A division bench of Chief Justice Abhay Oka and Justice H P Sandesh said "Looking into the nature of allegations made in the FIR we do not think …

5 years, 2 months ago

Calcutta HC Deprecates Lawyers Strike; Directs Police To Take Action In Case Of Interference In Administration Of Justice [Read Order]

Live Law

On Monday, the Calcutta High Court took strong exception to the lawyer's strike and cautioned that any obstruction to judges, police personnel or other public servants from entering the court would amount to cognizable offence and prompt steps shall be taken against the offenders. "the striking lawyers have not only brought the administration of justice to a standstill but have …

5 years, 2 months ago

'Can State Proceed On Assumption That Every Protest Will Turn Violent?', Karnataka HC On Sec 144 Order In Bengaluru

Live Law

The Karnataka High Court on Friday questioned the Government about the legality of prohibitory orders imposed under Section 144 of Code of Criminal Procedure in Bengaluru in the wake of anti-CAA protests planned in the city yesterday. The visuals of police detaining historian-scholar Ram Chandra Guha yesterday for holding anti-CAA protests had gone viral in social media. The bench, also …

7 years, 7 months ago

Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can't Be Invoked When Probe Is Ordered By HC: SC [Read Judgment]

Live Law

Once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195 cannot be pressed into service, the bench held.The Supreme Court, in CBI vs M Sivamani, has held that bar under Section 195 IPC cannot be pressed into service when an investigation is ordered by a high court into a specified offence mentioned …

8 years, 6 months ago

SC Reminds Karnataka And TN Govts About Their Duty To Prevent Damage To Public Property [Read Order]

Live Law

The Supreme Court bench comprising justices Dipak Misra and UU Lalit, today, expressed serious concern about the deterioration of law and order in Karnataka and Tamil Nadu, as a result of the Supreme Court’s interim order on 12 September in the Cauvery water dispute between the two States.The bench heard a petition filed by P.Sivakumar, a social activist of Kanyakumari, …

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