Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court
1 year, 5 months ago

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court

Live Law  

The Bombay High Court has held that externing authority under the Maharashtra Police Act does not have any power to direct the police to approach the executive magistrate for a show cause notice under section 110 of the CrPC against a person. The court quashed an order passed by Deputy Commissioner of Police, Kherwadi, Mumbai, directing initiation of proceedings under section 110 CrPC against one Gautam Daima as well as the resulting show-cause notice under section 110 of the CrPC issued by the Special Executive Magistrate to him. However, instead of passing an order regarding whether or not to extern Daima, the DCP directed to initiate proceedings under section 110 of the CrPC, the court noted. Since the DCP’s order itself in unsustainable, the consequent steps taken under that order, i.e., the show cause notice under section 110 of CrPC, also cannot survive, the court added.

Court Order Notice Dcp Proceedings Direct Act Crpc 110 Good Behaviour Daima Section 59 Externing Authority Section 110 Maharashtra Police Act  order  externing  notice  act  daima  externment  maharashtra  110  court  proceedings  high  crpc  cant  dcp  initiation  good  direct

History of this topic

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
5 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
8 months, 2 weeks 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 …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
8 months, 2 weeks ago

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

Live Law  

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

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench
10 months, 2 weeks ago

S.202 CrPC | Magistrate Must Conduct Enquiry Before Summoning Accused Living Beyond Jurisdiction, Can't Solely Rely On Complaint: Bombay HC Full Bench

Live Law  

The Bombay High Court's full bench observed that when a Magistrate is conducting a mandatory inquiry under Section 202 of the Criminal Procedure Code before summoning an accused who lives outside the court's jurisdiction, the Magistrate shouldn't solely rely on the allegations in the private complaint as it can be used as an instrument of vendetta. “It is… the duty …

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

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

Live Law  

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

Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court
1 year, 3 months ago

Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court

Live Law  

The Bombay High Court has held that the Ministry of Finance is responsible for the officers who are not diligently discharging vital duties and who, in fact, are playing with the public revenue. "We take judicial notice of a series of petitions reaching this Court on the ground that the concerned jurisdictional officers exercising such enormous powers not only under …

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 …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 6 months ago

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

Live Law  

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

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities
1 year, 8 months ago

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

Live Law  

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities. Secretary to explore the possibility of making available similar facilities at all quasi judicial authorities, so as to enable easy access to justice to the citizens …

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations
1 year, 8 months ago

Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations

Live Law  

Coming to the aid of a student pursuing B.Sc course, the Karnataka High Court has stayed for two weeks the execution and operation of the externment order passed by the Assistant Commissioner, against him, to enable him to appear for examinations. A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench disposed of the petition filed by …

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court
1 year, 8 months ago

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that under Section 58 of the Karnataka Police Act, the report based on which a person is to be externed must be mandatorily supplied to such person along with the notice so issued. A single judge bench of Justice M Nagaprasanna allowed the petition filed by T Roopeshkumar @ Roopi and said …

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

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

Live Law  

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

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, 10 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 …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 3 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
2 years, 3 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law  

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt
2 years, 5 months ago

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt

Live Law  

In an important order, the Jharkhand High Court has asked the State of Jharkhand to consider framing appropriate guidelines regarding issuance of notice of appearance before police officers under Section 41A CrPC so that Jharkhand Police may be referred to as a Model Police.The bench of Justice Sanjay Kumar Dwivedi also referred to the Delhi High Court's 2018 ruling wherein …

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court
2 years, 7 months ago

Initiation Of Adjudication Proceeding Without Issuance Of Show Cause Notice Is Void Ab Initio: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has held that the initiation of an adjudication proceeding without the issuance of a show cause notice is void ab initio. However, the respondent-authorities were not convinced by the petitioner's documents and, as a result, issued an intimation to the petitioner on Form GST DRC-01A dated …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 8 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
2 years, 10 months ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

Live Law  

In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment …

Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide
3 years, 2 months ago

Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide

Live Law  

The Delhi High Court has issued notice on a petition raising the question as to whether a notice under sec. 91 of the Code of Criminal Procedure can be issued to an accused person.Justice Yogesh Khanna sought response of the State and directed it to file a status report before October 22, the next date of hearing.The plea sought setting …

Citizen Can't Be Externed For Raising Grievance Against Govt: Gujarat High Court Quashes Externment Order Against NRC-CAA Protester
3 years, 3 months ago

Citizen Can't Be Externed For Raising Grievance Against Govt: Gujarat High Court Quashes Externment Order Against NRC-CAA Protester

Live Law  

The Gujarat High Court on Thursday quashed an externment order passed against a person, who was allegedly part of a crowd of unknown persons who were demonstrating against NRC/CAA, noting that citizens can't be subjected to externment for raising his grievance against the Government.The Bench of Justice Paresh Upadhyay was hearing the plea of a social activist Mohammed Kaleem Siddiqui …

Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court
3 years, 4 months ago

Section 82 CrPC - Magistrate Should Not Make Proclamation As Absconder In A Routine Manner As Issue Relates To Personal Liberty : Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court has held that for issuance of proceeding under Section 82 of the Criminal Procedure Code, the investigating officer has to seek the help of the Court, and only under the orders of the Court proclamation under Section 482 Cr.P.C. During the investigation, the Investigating Officer moved an application before the concerned Magistrate …

Mumbai Police files affidavit in Bombay HC explaining why they arrested Raj Kundra
3 years, 4 months ago

Mumbai Police files affidavit in Bombay HC explaining why they arrested Raj Kundra

India Today  

Mumbai Police has filed an affidavit and stated they had given a notice under Section 41A of the criminal procedure code but since Raj Kundra did not take it, which meant he was refusing to participate in the investigation. WHAT COPS HAD TO SAY "Refusal to accept the notice under Section 41A of Code of Criminal Procedure implied Raj Kundra's …

Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons: Supreme Court
3 years, 5 months ago

Section 482 CrPC: Interim Protection Order Can Be Passed In Exceptional Cases Giving Brief Reasons: Supreme Court

Live Law  

The Supreme Court observed that the High Courts can pass interim protection order in Section 482 CrPC petitions in exceptional cases by giving brief reasons.What is frowned upon in Neeharika Infrastructure Pvt. The Supreme Court observed that the High Courts can pass interim protection order in Section 482 CrPC petitions in exceptional cases by giving brief reasons. Ltd. vs. State …

Ghaziabad FIR: Karnataka High Court Defers Order In Twitter India Head's Challenge To UP Police Notice Till July 20
3 years, 5 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, …

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court
3 years, 5 months ago

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court

Live Law  

The counsel of Manish Maheshwari, Managing Director of Twitter Communications India Private Ltd, on Thursday submitted before the Karnataka High Court that he did not hamper the investigation being carried out by the Uttar Pradesh Police but only informed his inability to personally visit the police station and record his statement when notice was issued to him on June 17, …

District Courts/Tribunals In Uttar Pradesh To Hear Only Fresh Urgent Matters In Virtual Mode From April 28
3 years, 7 months ago

District Courts/Tribunals In Uttar Pradesh To Hear Only Fresh Urgent Matters In Virtual Mode From April 28

Live Law  

The Allahabad High Court on Monday issued modalities/ guidelines which would be applicable to all the Courts subordinate to the High Court of Judicature at Allahabad with effect from April 28, 2021.#AllahabadHighCourt: In view of increasing cases of #COVID19, the District Courts/Tribunals in the state of #UttarPradesh to hear only urgent matters by way if. Read Allahabad HC Order: pic.twitter.com/7ZxxHPOUJq …

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation
4 years, 1 month ago

Supreme Court Stays Bombay High Court Order Allowing Lalit Modi's Request For Cross-Examination Of BCCI Officials Over FEMA Violation

Live Law  

The High Court had also asked ED to consider afresh the request for giving Modi the reply of BCCI to their show cause notice in 2011. So far as the order dated 8th January, 2018 is concerned, the challenge was to the extent it declines to grant cross examination of 5 persons namely - Shri N. Srinivasan, Mr. Peter Griffith, …

Situation In Maharashtra Continues To Be Grim; All Interim Orders Passed By Bombay HC & Subordinate Courts Extended Till October 31 [Read Notice]
4 years, 2 months ago

Situation In Maharashtra Continues To Be Grim; All Interim Orders Passed By Bombay HC & Subordinate Courts Extended Till October 31 [Read Notice]

Live Law  

The Bombay High Court on Wednesday in view of Covid-19 situation in Maharashtra extended the operation of interim orders passed by the High Court and its subordinate courts in Maharashtra and Goa till October 31. The bench of Chief Justice Dipankar Datta, Justice AA Sayed, Justice SS Shinde and Justice KK Tated noted that the orders for eviction, dispossession and …

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