Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court
1 year, 1 month ago

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court

Live Law  

Observing that the trial court is best placed to alter or modify charges at an appropriate stage, Madhya Pradesh High Court refused to interfere in the trial court’s order that framed charges against an accused under Section 304 of IPC instead of Section 304-A IPC. The single-judge bench of Justice Pranay Verma added that the petitioner/accused would not be put to any prejudice merely because the charge has been initially framed against him under Section 304 Part II of IPC. According to the High Court, even if the trial court decides to alter the charge to Section 304 A IPC later, the petitioner/accused would not be adversely affected. If in the course of the trial, it comes to the conclusion that the evidence produced makes out a lesser offence than the one regards with charges have been framed against the petitioner, it shall always be open for it to convict the petitioner for a lesser offence based on the evidence adduced before it..If the charge under Section 304-A of the IPC had been framed against him, the forum trying the charge might have been different which would however not cause any prejudice to him”, Justice Pranay Verma observed by stating that material produced by way of evidence at the trial stage will play a crucial role in any such scenarios.

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History of this topic

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
5 days, 22 hours ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
1 week, 1 day ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC
1 month ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law  

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor
1 month, 1 week ago

'No Criminal History': Madhya Pradesh High Court Commutes Death Penalty Imposed On Man Convicted For Rape And Murder Of Minor

Live Law  

The Madhya Pradesh High Court in a recent ruling commuted the death sentence of a man convicted for rape and murder of a minor girl. The division bench observed, “…we have no hesitation in maintaining his sentence under Sections 302, 376, 377, 201, 363, 366 of the IPC, but societal interest can be balanced by holding that appellant shall remain …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
1 month, 2 weeks ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
6 months ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

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, 1 week 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 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 …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 4 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?
2 years ago

Why did the Supreme Court overturn conviction of a Madhya Pradesh man accused of harassing wife?

Firstpost  

A bench of justices S Ravindra Bhat and Sudhanshu Dhulia overturned the Madhya Pradesh High Court order, citing multiple dying declarations. It noted that the man was not named in the first declaration alleging cruelty relating to dowry but was named in the second one New Delhi: The Supreme Court on Monday set aside the conviction of a man accused …

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court
2 years, 2 months ago

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court

Live Law  

High Court of Madhya Pradesh's Gwalior Bench recently held that when the trial court can summon any witness pursuant to its power under Section 311 CrPC, it can also regulate the sequence in which they are to be examined. The State submitted before the Court that the Public Prosecutor in the case was interested in getting other witnesses examined first …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 2 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court
2 years, 4 months ago

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the decision of the trial court to add charge for offence of Murder punishable under Section 302 IPC against the accused after the injured person died 13 days subsequent to being discharged from the hospital. Taking note of the law laid down by the Supreme Court in the case of …

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice
2 years, 5 months ago

Can Life Sentence Be Reduced By Giving Benefit Of Right To Private Defence While Maintaining Murder Conviction ? : SC Issues Notice

Live Law  

Can a High Court, while maintaining murder conviction, reduce the life sentence to that already undergone, by giving the benefit of right to private defence?The Supreme Court might examine this issue in a special leave petition filed by the State of Madhya Pradesh against a Madhya Pradesh High Court judgment.In this case, the trial Court convicted Nandu @ Nandua and. …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 6 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice
2 years, 7 months ago

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently recalled its order for cancellation of bail which was passed ex-parte, holding that the person enlarged on bail was not duly served notice and therefore he could not appear before the Court to contest the said application. He further argued that the Deemed Service Clause as per Chapter XV Rule 11 of …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 7 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused
2 years, 8 months ago

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Live Law  

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact …

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings
2 years, 8 months ago

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Live Law  

The Madhya Pradesh High Court recently allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter. Justice Sanjay Dwivedi was essentially dealing with an application under Section 482 CrPC moved by the Applicant who was aggrieved by the order of the lower court, whereby his application under Section 311 CrPC to …

'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days
2 years, 9 months ago

'Casual Approach Towards HC Directions': Madhya Pradesh High Court Directs Lower Court To Conclude Remaining Murder Trial In 30 Days

Live Law  

The Madhya Pradesh High Court recently directed an Additional Sessions Judge to conclude the remaining trial of a murder case within 30 days or else he would be liable to provide a detailed explanation for each days' delay. While dismissing his previous bail application, the Court had directed the lower court to conclude his trial within five months. No.52344/2020 whereby …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
2 years, 9 months ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

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 …

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order
3 years ago

Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order

Live Law  

The Madhya Pradesh High Court recently quashed an externment order passed against a man by holding that natural justice principles were violated as the man wasn't given sufficient time to produce the orders of acquittal in the cases in which he was already acquitted.The Bench of Justice Subodh Abhyankar also noted that if the man had been given an opportunity …

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 …

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court
3 years, 9 months ago

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court

Live Law  

In an order rendered on Tuesday, the Kerala High Court emphasised that a person could not be charged for murder as well as abetment of suicide simultaneously. A Single Judge Bench of Justice R Narayana Pisharadi underscored that the offences of murder and suicide, punishable under Sections 302 and 306 respectively, were 'mutually exclusive' and could not coexist. While Section …

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
4 years ago

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court

Live Law  

The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed …

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]
4 years, 4 months ago

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]

Live Law  

The Supreme Court on Friday rapped a local Court in Madhya Pradesh for its failure to complete trial in a rape case, despite explicit orders to do so within six months. The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna rejected the explanation rendered by the Trial Court with regard to hearing of only urgent cases amid the …

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