Attacking Police Officers Is In Increase In The State, Kerala HC Dismisses Plea Of 8 Persons Accused Of Assaulting Cops [Read Order]
6 years, 4 months ago

Attacking Police Officers Is In Increase In The State, Kerala HC Dismisses Plea Of 8 Persons Accused Of Assaulting Cops [Read Order]

Live Law  

‘Filing an application under section 321 Cr.P.C by the Public Prosecutor does not confer any right on the accused not to be proceeded against.’The Kerala High Court, while refusing withdrawal of prosecution in a criminal case against accused for assaulting cops, observed that attacks on police officers were on the increase in the state and it is not in public interest to allow the. ‘Filing an application under section 321 Cr.P.C by the Public Prosecutor does not confer any right on the accused not to be proceeded against.’ The Kerala High Court, while refusing withdrawal of prosecution in a criminal case against accused for assaulting cops, observed that attacks on police officers were on the increase in the state and it is not in public interest to allow the Public Prosecutor to withdraw from such cases. Justice K Abraham Mathew observed that filing an application under Section 321 CrPC by the Public Prosecutor does not confer any right on the accused not to be proceeded against. Dismissing the petition, the court further observed: “Attacking police officers is increase in the state.

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History of this topic

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
3 weeks, 1 day ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'
3 weeks, 2 days ago

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

Live Law  

The Karnataka High Court on Thursday issued notice on a PIL against a government order directing public prosecutors to withdraw 43 cases against persons accused of various offences including rioting, attempt to murder in breach of Section 321 CrPC, which is stated to include highly influential persons including politicians. As per Section 321 states that the Public Prosecutor or Assistant …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
7 months, 3 weeks ago

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

Live Law  

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC. The Court laid down the …

'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates
1 year, 1 month ago

'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates

Live Law  

The Kerala High Court Advocates Association, Advocate Yeshwanth Shenoy and Advocate Anoop V Nair have approached the Kerala High Court aggrieved by police brutality and registration of false FIRs against Advocates on frivolous reasons. I am sure not all police officers behave like that, I cannot make a general statement.”, the Court stated orally. The Alathur incident is under the …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 4 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court
4 years, 1 month ago

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court

Live Law  

The grant of leave as contemplated by Section 320 of the Code of Criminal Procedure is not automatic nor it has to be mechanical on receipt of request by the accused which may be agreed by the victim, the Supreme Court observed.The bench comprising Justices Ashok Bhushan and Ajay Rastogi observed thus while rejecting a plea seeking compounding of offences …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years, 3 months ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]
4 years, 6 months ago

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]

Live Law  

Asserting that in the selection of police personnel, reference to the character, antecedents, criminal case, etc. of the candidate is of paramount significance, the Madras High Court recently warned that otherwise "there is every possibility of one more incident like that of Sathankulam, Tuticorin District", where an Inspector and his team were alleged to be a root cause for the …

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]
5 years, 10 months ago

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured. Justice Raja Vijayaraghavan V. observed thus while disposing suo motu revision petitions registered after it was brought to the …

Only The Prosecutor Is Entitled To Seek Withdrawal From Prosecution: Patna HC Disposes A Revision Petition Filed In 1980!
6 years, 2 months ago

Only The Prosecutor Is Entitled To Seek Withdrawal From Prosecution: Patna HC Disposes A Revision Petition Filed In 1980!

Live Law  

Answering a reference made to it in the year 1990, a full bench of Patna High Court has held that Public Prosecutor in charge of a case is only entitled to move a court for its permission for withdrawal from prosecution of an accused from an offence or any offences. Reference The question referred before the Full bench was whether …

Attacking Police Officers Is In Increase In The State, Kerala HC Dismisses Plea Of 8 Persons Accused Of Assaulting Cops [Read Order]
6 years, 4 months ago

Attacking Police Officers Is In Increase In The State, Kerala HC Dismisses Plea Of 8 Persons Accused Of Assaulting Cops [Read Order]

Live Law  

‘Filing an application under section 321 Cr.P.C by the Public Prosecutor does not confer any right on the accused not to be proceeded against.’The Kerala High Court, while refusing withdrawal of prosecution in a criminal case against accused for assaulting cops, observed that attacks on police officers were on the increase in the state and it is not in public …

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