Bombay HC Sets Aside State Govt's Order U/S 432 To Release 11 Cops After Conviction In Fake Encounter Case [Read Judgment]
6 years ago

Bombay HC Sets Aside State Govt's Order U/S 432 To Release 11 Cops After Conviction In Fake Encounter Case [Read Judgment]

Live Law  

In a highly significant judgment, the Bombay High Court has set aside an order passed by the State Home Department that facilitated the release of 11 police officials convicted for the fake encounter killing of Ramnarayan Gupta alias Lakkhan Bhaiya, under Section 432 of the CrPC by suspending their sentences for six months. He then relied on a judgment of the Supreme Court in the case of KM Nanavati v. The State of Bombay, wherein it was held that the object of introducing Section 433A would be defeated if the State Government is permitted to release prisoners, as is sought to be done in the present case under Section 432 CrPC. While Rao defended the State government's order and submitted that the order was in consonance with Section 432 of CrPC, Desai submitted that the executive was well within its powers to invoke Section 432 since no application for suspension of sentences, was pending in any court at the time. The bench further observed that the state was supposed to seek the opinion of the presiding judge VB Jadhavar under Section 432 instead the Special CBI judge's opinion was sought: "It is the State Government which ought to have approached the Presiding Judge, as contemplated under Section 432 and sought his opinion on suspension of the respondent Nos.

Opinion Judgment Court Order Judge State Cbi Rao Release Nos Encounter Nhrc Hc Sets Respondent Nos Section 432 Fake Encounter Section 432 Crpc 432 Crpc  fake  state  encounter  judge  govts  432  crpc  submitted  sought  judgment  release  court  order  opinion  read  hc  sets

History of this topic

HC refers key arrest procedure issues to larger bench
2 months ago

HC refers key arrest procedure issues to larger bench

Hindustan Times  

MUMBAI: A larger bench of the Bombay High Court will soon decide whether the grounds of arrest must be communicated to an accused in writing and whether a prior notice is mandatory before an arrest is made. HC refers key arrest procedure issues to larger bench A division bench of Justices Sarang Kotwal and S M Modak, hearing multiple petitions …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 2 weeks ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
11 months ago

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court

Live Law  

The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
11 months, 2 weeks ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)
1 year, 1 month ago

Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)

New Indian Express  

VIJAYAWADA : The Andhra Pradesh High Court on Monday took a serious view of the police not adhering to CrPC Sec 41 in the cases that are punishable with less than seven years imprisonment. Hearing the anticipatory bail plea of TDP MLA Eluri Sambasiava Rao, fearing arrest by police based on the complaint form mining department assistant director Balaji Naik, …

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 5 months ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
2 years ago

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

Live Law  

The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. …

Discretionary Power of Arrest Under Section 41A Of The CrPC
2 years, 1 month ago

Discretionary Power of Arrest Under Section 41A Of The CrPC

Live Law  

Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. The earlier sub-section of Section 41A state that: The police officer may, in all cases where the arrest of a person is not required under the provisions of sub-section of section 41, issue a notice directing the person …

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court
2 years, 5 months ago

S.41D CrPC | Advocate Cannot Be Permitted To Remain Present With Accused During Entire Course Of Interrogation: Calcutta High Court

Live Law  

The Calcutta High Court has made it clear that Section 41D of CrPC, which entitles an accused to meet an Advocate of his choice during interrogation by the investigating agency, does not extend to presence of Advocate throughout the investigation.While admitting a criminal revision application preferred by the Enforcement Directorate against the Magistrate's order permitting the Advocate. The Calcutta High …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

Bombay HC Refuses to Quash Tribunal's Order Revoking Suspension of Senior Policeman
2 years, 7 months ago

Bombay HC Refuses to Quash Tribunal's Order Revoking Suspension of Senior Policeman

News 18  

The Bombay High Court refused to quash the Maharashtra Administrative Tribunal’s order revoking the suspension and ordering for reinstatement of a senior police officer, noting the suspension orders cannot be kept pending indefinitely. Dhiraj Patil, a superintendent of police level officer, held the post of executive director at the Maharashtra State Electricity Distribution Co Ltd, at the time of his …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 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 …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 8 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
3 years ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

Live Law  

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Section 432, 433A CrPC Must Be Considered : Supreme Court
3 years, 9 months ago

HPCs Will Not Affect Remission Boards; Prisoners' Applications For Early Release Under Section 432, 433A CrPC Must Be Considered : Supreme Court

Live Law  

The Supreme Court on Tuesday clarified that the constitution of High-Powered Committees in State Governments to de-congest prisons will not stand in the way of remission boards considering applications for remissions of prisoners under Sections 432, 433A of the Code of Criminal Procedure.A vacation bench comprising Justices L Nageswara Rao and Aniruddha Bose clarified that the order passed on. The …

Consider Deletion Of Condition Prohibiting Consideration Of Premature Release, If No Application/Request Presented: Allahabad HC To UP Govt.
3 years, 11 months ago

Consider Deletion Of Condition Prohibiting Consideration Of Premature Release, If No Application/Request Presented: Allahabad HC To UP Govt.

Live Law  

The Allahabad High Court on Monday asked the Government of Uttar Pradesh to delete a provision from its policy framed for release of life convicts. The matter before the Court The Court was hearing the plea of a petitioner who sought quashing of an order dated 2nd March 2020 passed by the State refusing to release the petitioner under Section …

"Governor Transgressed Jurisdiction: Allahabad High Court Sets Aside Governor's Order Granting Premature Release Of Triple Murder Convict
4 years ago

"Governor Transgressed Jurisdiction: Allahabad High Court Sets Aside Governor's Order Granting Premature Release Of Triple Murder Convict

Live Law  

Underling that the Governor transgressed his jurisdiction in exercising the power under Article 161 of the Constitution of India, the Allahabad High Court recently set aside the premature release order in favor of a triple murder convict. Notably, this Section provides that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for …

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC
4 years ago

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC

Live Law  

The Supreme Court on Tuesday expressed concern regarding the rising trend among High Courts across the country to routinely grant interim relief by way of a stay on any coercive action pending a writ petition or a plea under section 482, CrPC for quashing of criminal proceedings. While granting time for the filing of a reply affidavit with additional documents, …

Bombay HC Refuses To Quash High Power Committee's Decision Classifying Categories Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]
4 years, 7 months ago

Bombay HC Refuses To Quash High Power Committee's Decision Classifying Categories Of Prisoners For Temporary Release Due To Covid-19 [Read Judgment]

Live Law  

The Bombay High Court on Wednesday, refused to quash the decision of the High Power Committee constituted by the State for decongestion of prisons due to the threat of Covid-19, to classify categories of prisoners who will be released on emergency parole. Furthermore, he referred to Clause 8 of the HPC's minutes of meeting dated March 25, 2020 requiring that …

SC Questions Haryana Govt's Policy Allowing Premature Release Of Life Convicts Aged Above 75 [Read Order]
4 years, 10 months ago

SC Questions Haryana Govt's Policy Allowing Premature Release Of Life Convicts Aged Above 75 [Read Order]

Live Law  

The Supreme Court has issued notice to the State of Haryana asking it to explain its policy which conferred the benefit of remission on convicts who stood convicted for life sentence and are above the age of 75 years and have completed 8 years of actual sentence. Prima facie the Policy appears to be in conflict with Section 433A of …

Decide Whether 'Not Releasing Prisoners/Undertrials Accused Under Special Enactments Is Discriminatory': Bombay HC Asks High Power Committee [Read Order]
4 years, 11 months ago

Decide Whether 'Not Releasing Prisoners/Undertrials Accused Under Special Enactments Is Discriminatory': Bombay HC Asks High Power Committee [Read Order]

Live Law  

The Bombay High Court has directed the high power committee constituted by the state government to decide whether the distinction made between prisoners/undertrials accused under IPC and those under special enactments like MPID, MCOCA, NDPS, PMLA, UAPA etc for release on parole due to the pandemic of Covid-19, is discriminatory. Justice GS Kulkarni was hearing a suo motu writ petition …

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]
5 years, 10 months ago

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

Live Law  

An application for review or modification could not have been entertained, the Supreme Court observed while setting aside a High Court order in a Section 482 CrPC petition. A man accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code had approached the Madhya Pradesh High Court seeking to quash the FIR. The …

Lakhan Bhaiya encounter: Bombay HC stays Maharashtra govt order granting pre-mature release to 11 cops
6 years ago

Lakhan Bhaiya encounter: Bombay HC stays Maharashtra govt order granting pre-mature release to 11 cops

India Today  

The Bombay High Court today set aside the Maharashtra government's order which granted pre-mature release to 11 convicts in the Lakhan Bhaiya encounter case of 2006. In 2013, a Mumbai sessions court had awarded life sentences to 21 people, including 13 Mumbai Police personnel, convicted for killing Ramnarayan Gupta alias Lakhan Bhaiya in a fake encounter on November 11, 2006. …

Bombay HC Grants Relief To Murder Convict In Jail For 23 Years Seeking Early Release [Read Judgment]
6 years, 1 month ago

Bombay HC Grants Relief To Murder Convict In Jail For 23 Years Seeking Early Release [Read Judgment]

Live Law  

The Bombay High Court last month granted relief to a man convicted of murder and held that he shall be considered for early release after completing 24 years in prison. According to the convicted petitioner, his case is covered by sub­clause of clause 4 of Annexure ­I to the said Government Resolution and therefore, he should be considered for premature …

Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC: Bombay HC [Read Judgment]
7 years, 2 months ago

Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside an order passed by a metropolitan magistrate wherein an intervention application filed by accused was allowed and held that unless process is issued, a person against whom an FIR is sought to be registered cannot intervene through such application under Section 156 of the CrPC.The application under Section 156 was filed …

Bombay HC Seeks Explanation From State For Including Parole In Period Of Sentence
7 years, 4 months ago

Bombay HC Seeks Explanation From State For Including Parole In Period Of Sentence

Live Law  

The Bombay High Court recently sought explanation from the state government regarding amendment to Parole rules based on a circular issued by them which stated that parole period was to be included in the sentence.The bench of Justice Naresh Patil and Justice RG Ketkar was hearing a criminal PIL filed by one Rajan Parkar, who claimed that the said circular …

Bombay HC Seeks Explanation From State For Including Parole In Period Of Sentence
7 years, 4 months ago

Bombay HC Seeks Explanation From State For Including Parole In Period Of Sentence

Live Law  

The Bombay High Court recently sought explanation from the state government regarding amendment to Parole rules based on a circular issued by them which stated that parole period was to be included in the sentence.The bench of Justice Naresh Patil and Justice RG Ketkar was hearing a criminal PIL filed by one Rajan Parkar, who claimed that the said circular …

Bombay HC Allows Habeas Corpus Petition As Detaining Authority Didn’t Draft Grounds For Detention Himself [Read Judgment]
7 years, 6 months ago

Bombay HC Allows Habeas Corpus Petition As Detaining Authority Didn’t Draft Grounds For Detention Himself [Read Judgment]

Live Law  

The Bombay High Court recently allowed a habeas corpus petition challenging an order dated March 20, 2017, passed by the Commissioner of Police, Solapur, sanctioning preventive arrest of one Taufiq Ismail Shaikh under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged. The Bombay High Court …

Breaking: HC Can’t Restrain Police From Arresting Accused, While Declining To Quash Case: SC [Read Judgment]
8 years, 2 months ago

Breaking: HC Can’t Restrain Police From Arresting Accused, While Declining To Quash Case: SC [Read Judgment]

Live Law  

Such directions “amounts” to an order under Section 438 CrPC, albeit without satisfaction of the conditions of the said provision, which is legally unacceptable, the Court said.The Supreme Court in State of Telangana vs. Habib Abdullah Jeelani & Ors. Such directions “amounts” to an order under Section 438 CrPC, albeit without satisfaction of the conditions of the said provision, which …

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]
9 years, 7 months ago

Police can seek Custody of Accused who are arrested even after filing of Charge Sheet: Supreme Court [Read the Judgment]

Live Law  

Can remand in police custody be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet?This was the legal question that arose for consideration of the Apex Court recently in a case which related to killing of nine persons and injuries to large number of villagers of Village Netai …

HC stays order on probe into 26/11 call records of slain cop |IndiaTV News
9 years, 9 months ago

HC stays order on probe into 26/11 call records of slain cop |IndiaTV News

India TV News  

Mumbai: On a Maharashtra Government plea, the Bombay High Court has stayed an order of Chief Information Commissioner asking the state to hold an inquiry into the call data records of telephonic talks between police control room and wireless set of slain IPS officer Ashok Kamte during the 26/11 terror attacks. Kamte's wife Vinita had under RTI sought call logs …

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law  

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book
10 years, 2 months ago

‘Law Commission to examine all aspects of Criminal Law’, Section 437A CrPC remains on the statute book

Live Law  

"Recommendation in regard to amendments in the CrPC is pending before the Law Commission of India and it has been requested to examine and give its findings on all aspects of criminal law.," submitted the Additional Solicitor General Mr. Sanjay Jain to the Delhi High Court which was hearing a petition pertaining to a provision, i.e. Section 437A of Criminal …

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]
10 years, 8 months ago

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]

Live Law  

The Supreme Court, has delivered a much awaited judgment by the common man. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused. In other words, when an accused is produced before the Magistrate, the police officer …

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