Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
3 days, 10 hours ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against the petitioners, the matter was investigated and a detailed negative final report was submitted by the police opining that false case was lodged against the petitioners on the "behest of the complainants". A protest petition was filed by the complainants against the negative final report, and as argued by the petitioners, without considering the legal and factual aspects, the magistrate took cognizance of the case against the petitioners. The learned Sessions Judge perhaps did not consider the legal and factual aspects of the matter and thus he failed to exercise his revisional jurisdiction as it is observed by me.It is neigh well settled principal of law that whenever a Magistrate takes cognizance of the offence on a protest petition, he is required to show his disagreement with the police report.

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History of this topic

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
1 day, 12 hours ago

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Live Law  

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report. The bench of Justice Dinesh Mehta held that, “In the opinion of this …

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases
2 weeks, 3 days ago

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases

Live Law  

The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him. Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
2 weeks, 5 days ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
1 month, 1 week ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week 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 …

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
1 month, 2 weeks ago

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Live Law  

While quashing a complaint filed under Section 156 of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint. The judicial forum is not available for …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month, 2 weeks ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month, 2 weeks ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 3 weeks ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
1 month, 3 weeks ago

Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession

Live Law  

The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them. The court passed the order …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
2 months ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

High Court Allows Cognizance of Offense Based on Protest Petition, Even If Magistrate Declined to Take Cognizance of Police Report
2 months, 2 weeks ago

High Court Allows Cognizance of Offense Based on Protest Petition, Even If Magistrate Declined to Take Cognizance of Police Report

Live Law  

The Madras High Court has observed that the Magistrate can take cognizance of an offense based on a complaint or a protest petition even if he has earlier declined to take cognizance based on the police report. The court noted that while exercising this judicial discretion, the Magistrate was expected to apply his mind to the contents of the protest …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
4 months ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
5 months, 4 weeks ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months, 2 weeks 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, …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
7 months ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
7 months, 2 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
7 months, 4 weeks ago

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition

The Hindu  

The Madras High Court on Wednesday called for a report from the Coimbatore District Legal Services Authority after being informed that the latter had deputed three empanelled lawyers and an orthopaedician to check on the health of YouTuber ‘Savukku’ Shankar, alias A. Shankar, following complaints of custodial violence in the Coimbatore Central Prison. While Senior Counsel R. John Sathyan, representing …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
8 months, 3 weeks ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 3 weeks ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
8 months, 4 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
9 months ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 3 weeks ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

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

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
1 year, 2 months ago

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Live Law  

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons. Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally non-speaking orders’ and the …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 3 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court
1 year, 3 months ago

S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

Live Law  

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173 of the Code of Criminal Procedure without obtaining formal permission from the Court. While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed, “The order taking …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 5 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 5 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 9 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

High Court Reserves Order On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case
1 year, 9 months ago

High Court Reserves Order On Delhi Police’s Plea Against Order Discharging Sharjeel Imam, Others In Jamia Violence Case

Live Law  

The Delhi High Court on Thursday reserved order in the revision petition filed by Delhi Police against the trial court order discharging Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case.Justice Swarana Kanta Sharma reserved the order after hearing Additional Solicitor General Sanjay Jain and the lawyers representing the respondents who. The Delhi …

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
1 year, 9 months ago

Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry

Live Law  

The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 and section 420 of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the said provisions. The single judge bench of Justice Rai Chattopadhyay observed: “Peculiarly enough in this case the complaint discloses …

Delhi HC Refuses To Expunge Court Remarks In Order Discharging Sharjeel & Others
1 year, 10 months ago

Delhi HC Refuses To Expunge Court Remarks In Order Discharging Sharjeel & Others

The Quint  

What had the Delhi Police said? The Court was hearing Delhi Police's petition against the order by Additional Sessions Arul Varma, which had discharged Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the 2019 Jamia violence case. The order in question: In his 4 February order, Judge Varma had made some scathing remarks against the Delhi Police. …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 4 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

Plea Against "Bulldozer" Action : Live Updates From Supreme Court Hearing
2 years, 6 months ago

Plea Against "Bulldozer" Action : Live Updates From Supreme Court Hearing

Live Law  

The Supreme Court will hear today the plea filed by Jamiat Ulema-i-Hind against the demolition actions carried out by authorities in Uttar Pradesh, allegedly as a punitive measure against persons accused of rioting during protests held in Kanpur and Prayagraj against remarks on Prophet Muhammad.A vacation bench of Justices CT Ravikumar and Sudhanshu Dhulia will hear the matter.The UP. The …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 7 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons
2 years, 7 months ago

[Jodhpur Violence] Rajasthan High Court Grants Interim Protection From Arrests To 3 Accused Persons

Live Law  

The Rajasthan High Court has granted interim protection from arrest to three accused persons, namely Hitesh Vyas, Arvind and Khimanshu Gehlot in the recent incident of Jodhpur Violence that took place on 02.05.2022 at Jalori Gate Chouraha, Jodhpur. The court has directed the Investigation Officer to remain present with case diary and CCTV Footage of the incident on the next …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

'No Harassment In Name Of Interrogation': Rajasthan HC Grants Interim Relief To Man Accused Of Sexual Assault By Ex-Partner A Day Before His Marriage
2 years, 8 months ago

'No Harassment In Name Of Interrogation': Rajasthan HC Grants Interim Relief To Man Accused Of Sexual Assault By Ex-Partner A Day Before His Marriage

Live Law  

The Rajasthan High Court has granted protection from arrest and harassment in the name of interrogation to a man whose ex-partner filed an FIR against him, alleging sexual assault. Ravi Bhansali pointed out that the petitioner and complainant were scheduled to marry on 18th July, 2021 which got postponed on account of the injury which the complainant had purportedly suffered …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 8 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Karnataka Court Orders Probe Against Minister KS Eshwarappa For Alleged Hate Speech, Sedition
2 years, 9 months ago

Karnataka Court Orders Probe Against Minister KS Eshwarappa For Alleged Hate Speech, Sedition

Live Law  

A Special Magistrate's Court in Bengaluru on Wednesday issued a direction under section 156 of CrPC, directing the local Police to investigate a private complaint filed against State Minister of Rural Development, KS Eshwarappa, alleging offence of Sedition and promoting religious enmity. Additional Chief Metropolitan Magistrate Preeti J in its order said, "This complaint is referred to SHO of Doddapete …

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court
2 years, 9 months ago

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court

Live Law  

The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
2 years, 10 months ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Remark On Rahul Gandhi: Jharkhand High Court Quashes Case Against Union Minister Narendra Singh Tomar
2 years, 10 months ago

Remark On Rahul Gandhi: Jharkhand High Court Quashes Case Against Union Minister Narendra Singh Tomar

Live Law  

The Jharkhand High Court on Tuesday quashed a criminal case against Union Minister of Agriculture & Farmers Welfare, Narendra Tomar for his alleged derogatory remarks against Congress Leader Rahul Gandhi.The Bench of Justice Sanjay Kumar Dwivedi quashed the case registered against Tomar under Section 504 of IPC for his alleged remark made during a political rally in 2016 that "Prime. …

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court
3 years, 1 month ago

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court

Live Law  

The Supreme Court has observed that it is not obligatory on the part of the Court to issue a fully reasoned order for taking cognizance on the basis of a police report. "Though all the above judgments mention that the Magistrate needs to apply his mind to the materials placed before him before taking cognizance, they have been differentiated on …

Unhappy Over Reports On Twitter Case Hearing, Karnataka High Court Cautions Media
3 years, 6 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 …

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter
3 years, 9 months ago

Delhi High Court Directs Delhi Police For Report On Alleged Illegal Detaining And Beating Of Man In Matrimonial Dispute Matter

Live Law  

A Single Judge Bench of Justice Anu Malhotra of the Delhi High Court has issued notice on a petition alleging illegal detaining and beating of a man involved in a matrimonial dispute by the Delhi Police and directed the police to to file a status report on the incident.The alleged incident took place at the Turkman Gate Police Post at …

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