No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
1 day, 23 hours ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan said: “.if an accused has been exonerated and held innocent in the departmental proceedings after the allegations have been found to be unsustainable, then the criminal prosecution premised on the same set of allegations cannot be permitted to continue.The justification for the same is that the standard of proof in criminal cases is 'beyond reasonable doubt' which is far higher than'preponderance of probability', the standard of proof required in disciplinary proceedings. In case the lower threshold could not be met in the disciplinary proceeding, there is no purpose in prosecuting the criminal proceedings where the standard of proof required to establish the guilt is higher.” The Court was considering the petitioner's plea to quash the FIR against him. Here, comparing the charges against the petitioner in the departmental proceedings and the criminal proceedings, the High Court noted that they were essentially the same.

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History of this topic

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
8 hours, 32 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 …

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
4 days, 5 hours ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

Excise policy case: Delhi HC asks Kejriwal, Kavitha to respond to ED’s plea
2 weeks, 4 days ago

Excise policy case: Delhi HC asks Kejriwal, Kavitha to respond to ED’s plea

New Indian Express  

NEW DELHI: The Delhi High Court on Wednesday issued notices to several people, including former Delhi Chief Minister Arvind Kejriwal, former Deputy CM Manish Sisodia, and BRS leader K Kavitha, in response to a plea by the Enforcement Directorate challenging a trial court’s order. The order had directed the ED to provide “unrelied documents” to the accused in the alleged …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
3 weeks, 3 days ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Excise Policy: Delhi HC refuses to stay ED case against former CM Arvind Kejriwal
1 month ago

Excise Policy: Delhi HC refuses to stay ED case against former CM Arvind Kejriwal

Hindustan Times  

New Delhi, The Delhi High Court on Thursday refused to stay for now the proceedings against former CM and A chief Arvind Kejriwal in a money laundering case linked to irregularities in the state Excise Policy 2021-22. Excise Policy: Delhi HC refuses to stay ED case against former CM Arvind Kejriwal Justice Manoj Kumar Ohri issued notice and sought the …

Excise Policy case: Delhi HC refuses to stay trial against Arvind Kejriwal
1 month ago

Excise Policy case: Delhi HC refuses to stay trial against Arvind Kejriwal

Deccan Chronicle  

New Delhi: The Delhi High Court on Thursday refused to stay for now the trial proceedings against former Delhi chief minister and AAP convenor Arvind Kejriwal who is an accused in a case of irregularities linked to the Delhi Excise Policy 2021-22.Justice Manoj Kumar Ohri further sought a response from the investigating agency Enforcement Directorate on Kejriwal's plea challenging a …

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

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case
1 month ago

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case

New Indian Express  

THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case. The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
1 month, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder
1 month, 2 weeks ago

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

Live Law  

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. Accordingly, invoking Article 311 of Constitution, the order stated that the Respondent could not be allowed to continue in police services and needed to be dismissed immediately without following …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
1 month, 2 weeks 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 …

Delhi excise policy case: Court summons Kejriwal after CBI’s supplementary chargesheet
3 months, 2 weeks ago

Delhi excise policy case: Court summons Kejriwal after CBI’s supplementary chargesheet

The Hindu  

Taking cognisance of the fourth supplementary chargesheet filed by the Central Bureau of Investigation in the case linked to the now-scrapped Delhi Excise Policy 2021-22, a court here on Tuesday summoned Chief Minister Arvind Kejriwal, Aam Aadmi Party MLA Durgesh Pathak and other accused on September 11. The CBI in its earlier chargesheet filed on July 29 had also named …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks 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 …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
6 months, 2 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case
7 months ago

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case

Deccan Chronicle  

New Delhi: A Delhi court allowed five-day custodial interrogation of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case, sing the police remand was a “necessity” in the matter. Accordingly, the application moved by the investigating officer is partly allowed and the accused is remanded to police custody for five days,” the court said in its …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
7 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 1 week ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Free of guilt: On the exoneration of former Delhi University professor G.N. Saibaba and five others
9 months, 2 weeks ago

Free of guilt: On the exoneration of former Delhi University professor G.N. Saibaba and five others

The Hindu  

The exoneration of former Delhi University professor G.N. Saibaba and five others of the charge of having Maoist links exposes the practice of invoking stringent laws based on nothing more than a person’s likely association with or sympathy for extremist groups. They were discharged on the ground that the sanction given to prosecute them under UAPA was not valid, but …

Delhi High Court Refuses To Stay Proceedings Against BJP Leader Manjinder Singh Sirsa In Criminal Defamation Case
10 months, 3 weeks ago

Delhi High Court Refuses To Stay Proceedings Against BJP Leader Manjinder Singh Sirsa In Criminal Defamation Case

Live Law  

The Delhi High Court has refused to stay the criminal proceedings against BJP leader Manjinder Singh Sirsa in a criminal defamation case filed by former president of the Delhi Sikh Gurdwara Management Committee, Manjit Singh GK.Justice Swarana Kanta Sharma upheld the trial court order passed on November 29 last year which upheld the summons issued to Sirsa by an ACMM …

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs
1 year ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law  

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

Sharjeel Imam hearing: Delhi court issues summons to DCP
1 year ago

Sharjeel Imam hearing: Delhi court issues summons to DCP

Hindustan Times  

A Delhi court on Saturday, while taking up the bail application moved by Sharjeel Imam in a sedition case, issued summons to the deputy commissioner of police to appear before the court after a passover was sought by the prosecution citing that link special public prosecutor Madhukar Pandey was preoccupied in another case. “This tendency to seek a pass over/date …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case
1 year, 1 month ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law  

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

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 & …

Person Exonerated In Disciplinary Proceedings Can't Be Subjected To 'Double Jeopardy' By Continuing Criminal Action For Same Offence: Delhi HC
1 year, 3 months ago

Person Exonerated In Disciplinary Proceedings Can't Be Subjected To 'Double Jeopardy' By Continuing Criminal Action For Same Offence: Delhi HC

Live Law  

The Delhi High Court has said that a person cannot be subjected to double jeopardy by initiating criminal proceeding after he has been exonerated in the disciplinary proceeding on same allegations.The case pertains to a pilot of Air India who was facing criminal proceeding for forgery even after the disciplinary case against him was closed by the department. The Delhi …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 4 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials
1 year, 5 months ago

Delhi High Court Stays Trial Court Direction For Inquiry Against Enforcement Directorate’s Assistant Director, Other Officials

Live Law  

The Delhi High Court has stayed a trial court order to the extent it directed an inquiry to be initiated against an investigating officer — an Assistant Director-rank officer of the Enforcement Directorate, and his superior officers over “unjustified incarceration” of an accused in jail for 17 days.Justice Dinesh Kumar Sharma issued notice on ED’s plea and ordered:“List the matter. …

Rahul Gandhi Defamation Case: Guj HC Upholds Sessions Court Order Denying Stay on Conviction
1 year, 5 months ago

Rahul Gandhi Defamation Case: Guj HC Upholds Sessions Court Order Denying Stay on Conviction

News 18  

In a significant setback for Rahul Gandhi, the Gujarat High Court has upheld the order of the Sessions Court denying a stay on his conviction in the Modi surname defamation case. Following Rahul Gandhi’s conviction in the Purnesh Modi case in Surat, additional defamation cases were filed against him, including one by Rajya Sabha MP Sushil Kumar Modi. On July …

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police
1 year, 7 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law  

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday
1 year, 7 months ago

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday

Live Law  

Justice Hemant M. Prachchhak of Gujarat High Court will on April 29 hear the plea filed by disqualified MP and Congress Leader Rahul Gandhi seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Kolar in April 2019. On April 25, Gandhi approached the …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi
1 year, 9 months ago

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

Live Law  

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.Bagga filed the case against the journalist …

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 …

Delhi High Court Quashes FIR Against First Year Law Student Who Appeared As Proxy Counsel Before Trial Court
2 years ago

Delhi High Court Quashes FIR Against First Year Law Student Who Appeared As Proxy Counsel Before Trial Court

Live Law  

The Delhi High Court has quashed an FIR registered against a first year law student who appeared before a Metropolitan Magistrate as a proxy counsel on instructions from a lawyer for taking adjournment in two cases. Observing that the law student, who was interning with an advocate, was either confused or unable to handle the situation, Justice Anish Dayal said: …

Arrests being made without reasons which burdens judicial system: Ex-CJI U.U. Lalit
2 years, 1 month ago

Arrests being made without reasons which burdens judicial system: Ex-CJI U.U. Lalit

Deccan Chronicle  

MUMBAI: Former Chief Justice of India U U Lalit on Monday said in recent times civil disputes are being given criminal colour and arrests are being made without a reason which burdens the judicial system. Also speaking at the event, Bombay HC Chief Justice Dipankar Datta said bail is the rule and jail is an exception and gave the example …

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 3 months ago

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court

Live Law  

The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence.Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 3 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Calcutta High Court Stays Proceedings Against BJP's National General Secy Accused Of Sexually Assaulting A Party Worker
2 years, 3 months ago

Calcutta High Court Stays Proceedings Against BJP's National General Secy Accused Of Sexually Assaulting A Party Worker

Live Law  

The Calcutta High Court on Monday stayed all further proceedings of a case registered against National Joint General Secretary Organization, BJP, Shiv Prakash who has been accused of sexually assaulting/outraging the modestly of a party worker.The bench of Justice Kausik Chanda observed that the victim's act of giving multiple subsequent complaints inculpating various national and State. The Calcutta High Court …

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court
2 years, 3 months ago

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. Furthermore, Justice Ravi Nath Tilhari observed that the charges framed against the petitioner in the departmental proceedings were different from the charges in criminal proceedings …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 3 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

Disciplinary Authority Cannot Rely On Documents Furnished In Parallel Criminal Proceedings Against Accused-Employee: Patna High Court
2 years, 4 months ago

Disciplinary Authority Cannot Rely On Documents Furnished In Parallel Criminal Proceedings Against Accused-Employee: Patna High Court

Live Law  

The Patna High Court has made it clear that a disciplinary authority cannot rely on extraneous documents, such as those furnished during parallel criminal proceedings against the accused-employee, for the purpose of departmental enquiry. The Petitioner requested the disciplinary authority to defer the departmental enquiry till criminal case is concluded. It observed, "Any parallel proceedings launched by an employer neither …

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court
2 years, 4 months ago

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations. While allowing the petition, Justice Sanjay Kumar Dwivedi: "There is no dispute with regard to the fact that civil case and criminal proceeding can go simultaneously, if criminality is involved. …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

1984 Anti-Sikh Riots: Delhi High Court Stays Bail Granted To Ex-Congress Leader Sajjan Kumar, Issues Notice On SIT's Plea
2 years, 5 months ago

1984 Anti-Sikh Riots: Delhi High Court Stays Bail Granted To Ex-Congress Leader Sajjan Kumar, Issues Notice On SIT's Plea

Live Law  

The Delhi High Court has stayed a Trial Court order which had granted bail to former Congress leader Sajjan Kumar in connection with a case of rioting and murder of a man and his son residing in West Delhi area during the 1984 Anti-Sikh Riots. However, Kumar is already serving life sentence in another case relating to the said riots. …

Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer
2 years, 5 months ago

Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

Live Law  

The Delhi High Court has observed that allowing Disciplinary Proceedings to continue ad infinitum would not only be highly prejudicial to an individual but is also destructive of the Rule of Law. In May 2016, CAT granted the Union of India four months time to complete the Disciplinary Proceedings arising from the subject Charge Sheet. "More than adequate opportunities to …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 6 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

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