Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case
2 years, 7 months ago

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case

Live Law  

The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court judge.The division bench of. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court judge. The Court further directed the Registry to take steps for action against the lower court judge who had passed the impugned judgment- "The copy of this order-sheet be sent to the Registrar General of this Court for placing the order before the appropriate committee on the administrative side so that appropriate action/decision may be taken against the erring judge for not considering a crucial medical evidence of DNA report in the impugned judgment."

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History of this topic

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal
1 year, 10 months ago

No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal

Live Law  

The Madhya Pradesh High Court's Indore Bench dismissed the department's appeal, ruling that no incriminating documents were discovered during the search.The division bench of Justices Sushrut Arvind Dharmadhikari and Prakash Chandra Gupta observed that the order in appeal did not suffer any illegality that would give rise to a proposed substantial question of law.The department raised the. The Madhya Pradesh …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
1 year, 10 months ago

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance …

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years ago

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Ahluwalia observed that their behavior before the lower court manifested an oblique motive to defeat the purpose of criminal trial- …

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court
2 years, 2 months ago

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court

Live Law  

The Karnataka High Court has said that the DNA analysis report, which favours the accused in a rape case, is not a clinching evidence that would result in termination of proceedings against him.A single judge bench of Justice M Nagaprasanna, while dismissing the accused's petition against the criminal proceedings, said: "If a positive result of the DNA comes about against …

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute
2 years, 4 months ago

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the lower court rejecting an application for compelling an individual to undergo a DNA Test in an ongoing suit for partition. The Court held that the presumption provided under Section 112 of the Evidence Act is rebuttable and that the Petitioner would get every opportunity to rebut the …

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition
2 years, 9 months ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law  

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction
2 years, 9 months ago

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Live Law  

The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case. The Applicant submitted that the Prosecutrix in her statement under Section 164 CrPC had clearly mentioned that she has studied up to 10th standard. The Court observed …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 10 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It
3 years, 1 month ago

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It

Live Law  

The Supreme Court on Friday rapped the State of Madhya Pradesh for its callous way to implement the orders passed by the Top Court. The Top Court on October 21, 2021 had issued notice in the Special Leave Petitions assailing Madhya Pradesh High Court of quashing FIR registered against the accused u/s 420, 467, 468, 472 and 120-B of IPC.The …

Madhya Pradesh High Court Stays MPPSC's Selection Process For Appointment Of Medical Officers, Issues Notice To State Govt
3 years, 2 months ago

Madhya Pradesh High Court Stays MPPSC's Selection Process For Appointment Of Medical Officers, Issues Notice To State Govt

Live Law  

The Madhya Pradesh High Court on Thursday stayed notification issued by the Madhya Pradesh Public Service Commission for conducting interviews for the purpose of appointment of Medical Officers in the State of Madhya Pradesh.The Bench of Justice S. A. Dharmadhikari was hearing the plea filed by Dr. Ronak Sharma and others being aggrieved by the alleged arbitrary selection process. The …

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