Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
9 months, 2 weeks 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 taken up by the Inspector Of Police, the petitioner moved the Court contending that there was absolutely no jurisdiction with the Police to investigate the matter de novo under the garb of carrying out further investigation and put in a final report exculpating the accused, in supersession of the earlier report, charge sheeting them. The Court also sought a personal affidavit of the Deputy Commissioner of Police explaining why he thought he could direct further investigation without obtaining leave of the learned Magistrate under Section 173 of the Code. Further, the Investigating officer has been directed to furnish an explanation as to how, under the garb of further investigation, he could do a re-investigation or investigation de novo and put in a final report in the matter, where the Police earlier had filed a charge sheet, which this Court had approved by our order passed in Application U/S 482 CrPC No.2667 of 2019.

Investigation Court Charge Case Report Commissioner Magistrate Further Investigation Nod Seeks Gautambudh Nagar De Novo  case  report  nod  seeks  final  dy  matter  explanation  charge  pulls  sans  directing  court  officer  hc  commissioner  deputy  investigation  magistrates

History of this topic

Magistrate Not Bound To Notify Informant When Not Proceeding Against 'Non-Chargesheeted' Accused: Allahabad HC
1 week ago

Magistrate Not Bound To Notify Informant When Not Proceeding Against 'Non-Chargesheeted' Accused: Allahabad HC

Live Law  

The Allahabad High Court has clarified that a Magistrate is not required to issue a notice to the informant in every case where he is taking cognizance only against the charge-sheeted persons, while leaving out other accused, though named in the FIR, but not charge-sheeted. A bench of Justice Manju Rani Chauhan observed that issuing notice to the informant, allowing …

Prayagraj 'Police Assault': Allahabad HCBA Files Affidavit In High Court Detailing 'Atrocities' Against Lawyers; State To Respond
1 month, 1 week ago

Prayagraj 'Police Assault': Allahabad HCBA Files Affidavit In High Court Detailing 'Atrocities' Against Lawyers; State To Respond

Live Law  

Hearing a Criminal Writ PIL plea demanding lodging of an FIR against the police officials involved in 'assaulting' lawyers in Prayagraj on February 4, the petitioner filed before the HC a supplementary affidavit and Pen-Drive highlighting atrocities committed by the police personnel. Pursuant to the High Court's previous order, the concerned Divisional Commissioner, Mela Adhikari, the Police Commissioner, the District …

Prayagraj 'Police Assault' On Lawyers | Allahabad HCBA Moves High Court Seeking FIR, Departmental Action Against Erring Cops
Trending News
1 month, 3 weeks ago

Prayagraj 'Police Assault' On Lawyers | Allahabad HCBA Moves High Court Seeking FIR, Departmental Action Against Erring Cops

Live Law  

The Allahabad High Court Bar Association, led by its president, Senior Advocate Anil Tiwari, has moved the High Court demanding the filing of a First Information Report against the police officials involved in 'assaulting' lawyers in Prayagraj on February 4 and seeking departmental action against the erring cops. The matter came to be listed before the HC as a Criminal …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court
2 months, 1 week ago

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court

Live Law  

The Supreme Court has deprecated the practice of police arresting an accused, who was not arrested during investigation after the Court has taken cognizance of the chargesheet.When the Court was informed that such a practice was being followed by the Uttar Pradesh police, it expressed surprise, terming the practice "unusual". The Supreme Court has deprecated the practice of police arresting …

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga
2 months, 2 weeks ago

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Live Law  

Last week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं ”. Challenging the chargesheet and …

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers
3 months ago

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

Live Law  

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into …

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers
3 months ago

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

Live Law  

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into …

Cops double efforts to resolve 3,600 long-pending cases in Nizamabad
3 months, 1 week ago

Cops double efforts to resolve 3,600 long-pending cases in Nizamabad

Deccan Chronicle  

Nizamabad: The Nizamabad Police Commissionerate is stepping up efforts to address nearly 3,600 long-pending investigation cases, some dating back several years. Sindhu Sharma directed officers to expedite the resolution of these cases, which include serious crimes such as murder, bodily offenses, extortion, and smuggling of ganja and prohibited chemicals. Since assuming charge, Sindhu Sharma, who is also Kamareddy district SP, …

Allahabad HC summons Prayagraj Police Commissioner on contempt petition
3 months, 4 weeks ago

Allahabad HC summons Prayagraj Police Commissioner on contempt petition

Deccan Chronicle  

Prayagraj: The Allahabad High Court has directed Prayagraj Police Commissioner Tarun Gauba and other police officers to appear before it on December 10 on a contempt petition and apprise the court as to what action has been taken against the policemen who delayed in lodging of FIR despite a complaint moved by the applicant.Hearing a contempt petition filed by one …

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

Probes Pending For Years: Allahabad HC Questions UP Police's Economic Offences Wing Over Slackness, Seeks DG's Affidavit
4 months, 2 weeks ago

Probes Pending For Years: Allahabad HC Questions UP Police's Economic Offences Wing Over Slackness, Seeks DG's Affidavit

Live Law  

In a stern rebuke to the Uttar Pradesh Police's Economic Offences Wing, the Allahabad High Court last week expressed its concerns over the prolonged delay in investigating several cases being handled by the EOW. A bench of Justice Samit Gopal criticised the EOW for its apparent "slackness" in handling critical economic offences, as it noted that in matters being investigated …

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC
4 months, 2 weeks ago

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

Live Law  

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. The order was passed relying on Clause 8 of the Office Instructions, which provides that a candidate would be declared unfit for appointment if he had concealed or made …

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple
6 months 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 High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable
6 months, 3 weeks ago

Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable

Live Law  

In an interim order, the Allahabad High Court has directed the Deputy Commissioner of Police, Gautam Buddh Nagar to file an affidavit giving reasons for exceeding his authority under Rule 8 of the U.P. The Deputy Commissioner of Police had by order dated 07.08.2024, ordered the dismissal of the petitioner, a Head Constable in the Police, from service. The Court …

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath
7 months ago

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath

Live Law  

The Allahabad High Court has ordered an inquiry against the state police department, office of the Director of prosecution and office of Government Advocate over 'non-disclosure' of material facts and evidence in a case involving a Mahant, who has been accused of secretly filming women while they were taking a bath. Such duty has not been discharged by the police …

Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'
7 months, 2 weeks 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 …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 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 …

Allahabad High Court Weekly Roundup: June 17 - June 23, 2024
9 months ago

Allahabad High Court Weekly Roundup: June 17 - June 23, 2024

Live Law  

NOMINAL INDEX Roshan Lal Alias Roshan Rajbhar And Others vs. State of U.P. And Another 2024 LiveLaw 396 State Of UP vs. Sughar Singh and others 2024 LiveLaw 395 ORDERS/JUDGMENTS OF THE WEEK 1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused Case title - State Of UP vs. Sughar Singh …

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
9 months, 1 week 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 High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
9 months, 3 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
11 months, 1 week 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 …

DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court
1 year, 1 month ago

DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court

Live Law  

The Madras High Court recently set aside an order of the Director General of Police transferring the investigation in a case from the state police to the Crime Branch of CID. The court further said that the CBCID could only continue with the investigation carried on by the State police and file a supplementary report and ought not to have …

HC sets out methodology when police find no proof
1 year, 2 months ago

HC sets out methodology when police find no proof

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court spelled out the methodology to be followed by the Magistrate Court when the police do not find any evidence against some of the accused. The act of the learned magistrate in directing issuing of summons against the petitioners, based on a note put up by the superintendent is found fault with.” …

Allahabad High Court Dismisses Review Plea Against CBI Probe Into UP Assembly Staff Recruitment 'Irregularities'
1 year, 5 months ago

Allahabad High Court Dismisses Review Plea Against CBI Probe Into UP Assembly Staff Recruitment 'Irregularities'

Live Law  

The Allahabad High Court on Tuesday dismissed a review plea filed by the UP Vidhan Parishad against an order of the HC passed last month directing the CBI to conduct a preliminary probe into the 'irregularities' in the recruitment of staff for the secretariat of the State Legislative Assembly and Council in 2022-23.The bench of Justice Attau Rahman Masoodi and …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 6 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 …

Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station
1 year, 6 months ago

Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station

Live Law  

The Allahabad High Court has ordered the Superintendent of Police, Sultanpur to conduct an inquiry into the allegations levelled against a Station House Officer of misbehaving with certain women and also beating an old man inside the police station.The bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari passed this order while dealing with a writ plea filed by. …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 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 …

Allahabad HC Quashes UP Govt’s Order Initiating Inquiry Against A Professor After Keeping Her Resignation Pending For 7 Months
2 years, 2 months ago

Allahabad HC Quashes UP Govt’s Order Initiating Inquiry Against A Professor After Keeping Her Resignation Pending For 7 Months

Live Law  

The Allahabad High Court last week quashed an order of the State Medical Department initiating an inquiry against an associate professor working in a state medical college after keeping her resignation file pending for 7 months. The case in brief The Court was essentially dealing with the case of Dr. Priyanka Garg, a doctor by qualification, who joined the state …

Allahabad High Court Stays Criminal Case Proceedings Pending In Sultanpur Court Against Delhi CM Arvind Kejriwal
2 years, 3 months ago

Allahabad High Court Stays Criminal Case Proceedings Pending In Sultanpur Court Against Delhi CM Arvind Kejriwal

Live Law  

The Allahabad High Court on Monday stayed the proceedings of a 2014 criminal case against the Chief Minister of Delhi and National Convener of Aam Admi Party, Arvind Kejriwal, pending before the MP/MLA Court in the state's Sultanpur District.The bench of Justice Dinesh Kumar Singh ordered thus while hearing a Section 482 CrPC plea filed by Kejriwal challenging the order …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 6 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 …

Allahabad HC Orders CBI Probe Into 'Fake' Cases Lodged Against Advocates, Others U/S 376IPC, SC/ST Act To Extract Money
2 years, 7 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 …

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court
2 years, 8 months ago

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has the right of further investigation under Section 173 CrPC is given to investigating agency and only they can move an application before the magistrate for further investigation. The case before the Allahabad High Court One Ashok Kumar Jain filed an FIR against fifteen named accused persons including the petitioner and her husband under Sections 420, …

Chargesheet filed by CBI against Anil Deshmukh in corruption case was complete, says Mumbai court
2 years, 8 months ago

Chargesheet filed by CBI against Anil Deshmukh in corruption case was complete, says Mumbai court

India Today  

A special court in Mumbai has held that the 59 pages of chargesheet filed by the Central Bureau of Investigation against former Maharashtra Home Minister Anil Deshmukh and others was a complete chargesheet. Special judge SH Gwalani noted that both sides had presented “diametrically opposite views before me in regard to the question whether the documents and statements recorded under …

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, 10 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 HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet
2 years, 10 months ago

Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet

Live Law  

The Allahabad Hign Court today refused to interfere in a plea challenging a magistrate's order dismissing an application filed under Section 156 CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.It …

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court
2 years, 11 months ago

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that in cases where a further investigation has been carried out then irrespective of its outcome, such further investigation report is required to be placed before the Court of Magistrate.The Bench of Justice Goutam Bhaduri observed thus while relying upon the ruling of Supreme Court recent ruling in the case of Luckose Zachariah @ …

Allahabad HC Seeks UP DGP's Personal Presence To 'Apprise' Him Of His Dept's 'Reckless Approach' In Not Complying With HC's Order
2 years, 11 months ago

Allahabad HC Seeks UP DGP's Personal Presence To 'Apprise' Him Of His Dept's 'Reckless Approach' In Not Complying With HC's Order

Live Law  

The Allahabad High Court has sought the personal presence of the Director-General of Police, Uttar Pradesh to apprise him of the state of affairs of the Uttar Pradesh Police department and the reckless approach of the officers of the department in not complying with the orders the High Court.The Bench of Justice Saral Srivastava has directed the UP DGP, Mukul …

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders
2 years, 11 months ago

Allahabad HC Seeks Details Of UP Govt's Circular Governing The Procedure For Filing Govt Appeals Against Acquittal Orders

Live Law  

The Allahabad High Court has asked the Government of Uttar Pradesh to furnish the details of its policy/government order/circular governing the procedure for filing the government appeal against the order of acquittal.The Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav issued this order after it dealt with two such government appeals on March 30, wherein. The Allahabad High …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month 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 …

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC
3 years, 1 month ago

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC

Live Law  

The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of. The …

"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court
3 years, 2 months ago

"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court

Live Law  

The Allahabad High Court on Monday directed departmental action against the Assistant Registrar of the High Court who failed to list a particular case in the fresh list and send the case file to the court citing various administrative instructions and remained defiant even when enquired by the HC about his failure to perform his duty.Significantly, when the Bench of …

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal
3 years, 4 months 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 …

Jaunpur Custodial Death- Allahabad HC Finds Fault With CBI's Probe, Chides It For Failure To Arrest Accused Police Officers
3 years, 4 months ago

Jaunpur Custodial Death- Allahabad HC Finds Fault With CBI's Probe, Chides It For Failure To Arrest Accused Police Officers

Live Law  

The Allahabad High Court last week slammed the Central Bureau of Investigation for its failure to properly investigate the alleged custodial death of a 24-year-old man from Jaunpur as it failed to arrest the accused persons/ policemen against whom the charge of murder has been levelled.The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed that the affidavit. …

Supreme Court Refuses To Interfere With Allahabad High Court's Order For CBI Probe Into A 'Custodial Death' Case
3 years, 4 months ago

Supreme Court Refuses To Interfere With Allahabad High Court's Order For CBI Probe Into A 'Custodial Death' Case

Live Law  

The Supreme Court recently refused to interfere with an order of the Allahabad High Court transferring the probe into the alleged custodial death of a 24-year-old man to the Central Bureau of Investigation.The Bench of Justice Vineet Saran and Justice Aniruddha Bose dismissed the plea filed by the Uttar Pradesh authorities against the High Court's September. The Supreme Court recently …

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP
3 years, 5 months ago

Rape/POCSO Cases- "Send DNA, Other Reports To Concerned Authorities Within 15 Days As Per Govt Circular": Allahabad HC To DGP

Live Law  

The Allahabad High Court recently directed the Director-General of Police to ensure that the report regarding the articles recovered or taken into custody while investigating a POCSO case Act or DNA reports etc. in rape cases must be communicated to the concerned District Authorities within 15 days.The Bench of Justice Rajeev Singh issued this direction in view of the Government's …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 6 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Allahabad High Court Questions Police Officer's Conduct In Interrogating & Frequently Visiting Lawyer Of An Inter-Religious Couple
3 years, 6 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 …

Allahabad HC Directs UP DGP To Train Officers On Manner Of Conducting Investigations In View Of SC's Prakash Singh Ruling
3 years, 6 months ago

Allahabad HC Directs UP DGP To Train Officers On Manner Of Conducting Investigations In View Of SC's Prakash Singh Ruling

Live Law  

The Allahabad High Court recently directed the Director General of Police, U.P. Besides this, the Director-General of UP Police has also been directed to submit the first report before the Registrar General before the expiry of three months as to the steps taken from rendering training on the aspect of the investigation to all the Investigating Officers posted in the …

Discover Related