SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC
4 years, 5 months ago

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC

Live Law  

The Supreme Court on Thursday set aside the Allahabad High Court order which had allowed former Union Minister and BJP leader Chinmayand to seek a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. A Bench headed by Justice UU Lalit dictated the Order and stated that the appeal filed by the law student was allowed, thereby overruling the November 7 order of the Allahabad High Court which had allowed Chinmayanand's application seeking a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. "The view taken by the High Court would be having far reaching effect not only in the Petitioner's case but in all cases of sexual offences against the women, where direction for supply of copy of statement of victim u/s 164 CrPC even during investigation would unreasonably put the accused to an advantageous position to and would cause irreversible damage to the investigation and case of the prosecutrix. It is therefore, very necessary for this Hon'ble Court to interfere and add a caveat in the High Court's order that the statement of the victim recorded u/s Section 164 CrPC cannot be given to the accused till charge-sheet is filed and cognizance has been taken by the court concerned."

Court Victim Order Statement Case High Fir Bench Sit Min Allahabad Petitioner Crpc Copy 164 Crpc Section 164 Crpc 164 Chinmayanand  order  case  min  victim  hc  crpc  sets  copy  court  sc  statement  164  union  allahabad  chinmayanand  high  victims

History of this topic

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC
1 month ago

S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

Live Law  

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Trial Court allowed CBI's application, …

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea
1 month, 1 week ago

HC to hear MP Rashid’s plea against court’s refusal to issue order on bail plea

Hindustan Times  

The Delhi high court will on February 24 hear jailed parliament member Engineer Rashid’s plea against a local court’s December 23 refusal to pass an order on his bail plea citing lack of jurisdiction. Justice Vikas Mahajan scheduled the hearing after Delhi high court’s registrar general informed the court about the Supreme Court ’s permission for a special court to …

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC
1 month, 3 weeks ago

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. Essentially, the Magistrate Court had …

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
2 months ago

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

Live Law  

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. nor Session Judge would …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga
2 months, 1 week ago

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Live Law  

Last week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं ”. Challenging the chargesheet and …

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 2 weeks ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case
3 months ago

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case

Live Law  

Former Chief Minister B S Yediyurappa told the Karnataka High Court on Thursday that statements of witnesses collected during investigation which forms part of the police report can be looked into by the high court to decide a plea for quashing an offence. He said that the statements recorded under Sec 161 and 164 CrPC would form part of the …

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance
3 months, 3 weeks ago

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance

Hindustan Times  

The Delhi high court on Monday issued a notice to the Enforcement Directorate over former deputy chief minister Manish Sisodia’s plea challenging a city court’s order taking cognisance of the charge sheet filed in the Delhi excise policy case. The court will also hear the Aam Aadmi Party chief Arvind Kejriwal’s plea seeking similar relief in the same case on …

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court
4 months, 1 week ago

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

Live Law  

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet —despite the FIR lacking …

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath
6 months, 3 weeks ago

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath

Live Law  

The Allahabad High Court has ordered an inquiry against the state police department, office of the Director of prosecution and office of Government Advocate over 'non-disclosure' of material facts and evidence in a case involving a Mahant, who has been accused of secretly filming women while they were taking a bath. Such duty has not been discharged by the police …

Karnataka HC reserves order on SIT plea challenging HD Revanna's bail
7 months, 3 weeks ago

Karnataka HC reserves order on SIT plea challenging HD Revanna's bail

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved its order on the petition filed by the SIT, CID, challenging the bail granted by a trial court to JDS MLA HD Revanna on May 13, in connection with the kidnapping of a victim of rape allegedly involving his son, former Hassan MP Prajwal Revanna. Justice M Nagaprasanna reserved the order after …

Delhi court takes cognisance of chargesheet against BRS leader Kavitha
8 months ago

Delhi court takes cognisance of chargesheet against BRS leader Kavitha

The Hindu  

Delhi’s Rouse Avenue Court on July 22 took cognisance of a supplementary chargesheet filed by the Central Bureau of Investigation against jailed Bharat Rashtra Samithi leader K. Kavitha in the corruption case related to the alleged excise policy scam. The daughter of former Telangana Chief Minister K. Chandrasekhar Rao, Ms. Kavitha was arrested by the Enforcement Directorate in a money …

Delhi HC to rule on K Kavitha's bail plea in Excise Case on July 1
8 months, 3 weeks ago

Delhi HC to rule on K Kavitha's bail plea in Excise Case on July 1

Deccan Chronicle  

New Delhi: The Delhi High Court is scheduled to pass judgment on bail petitions moved by Bharat Rashtra Samithi leader K Kavitha in CBI and ED cases related to the Excise Policy case on July 1, 2024. An accused can anonymously remove the money trail using the technology available today, making the investigation and trial infructuous.The Delhi High Court had …

Allahabad High Court Weekly Roundup: June 17 - June 23, 2024
9 months ago

Allahabad High Court Weekly Roundup: June 17 - June 23, 2024

Live Law  

NOMINAL INDEX Roshan Lal Alias Roshan Rajbhar And Others vs. State of U.P. And Another 2024 LiveLaw 396 State Of UP vs. Sughar Singh and others 2024 LiveLaw 395 ORDERS/JUDGMENTS OF THE WEEK 1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused Case title - State Of UP vs. Sughar Singh …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
9 months, 1 week ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
9 months, 3 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
10 months, 3 weeks ago

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited

Live Law  

Recently, the Allahabad High Court has quashed criminal cases filed against the CFO, CEO & MD, and Senior Executive Vice President of Larsen and Toubro Limited. Relying on the decisions of the Supreme Court in Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others, Vijay Dhanuka and others v. Najima Mamtaj and others, Abhijit Pawar v. Hemant Madhukar …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
11 months ago

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls

Live Law  

The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. It was the contention of the counsel appearing for Verma that the impugned …

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, 1 week 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 …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
1 year ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
1 year, 1 month ago

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

Live Law  

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission. The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 2 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 4 months 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 …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 5 months ago

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

Live Law  

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court
1 year, 9 months ago

Further Detention Invalid If Extension Order For Submitting Final Report Under Section 173 CrPC Itself Is Set Aside: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that further detention of an accused becomes unlawful if an order granting extension to submit the final report under Section 173 of the Criminal Procedure Code itself is overturned. The Investigating Officer sought an extension of time to submit the report under Section 173 of the CrPC, as the initial 180-day period …

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023
2 years ago

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023

Live Law  

NOMINAL INDEX Kalika Pratap Singh vs. State Of U.P. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw 92 ORDERS/JUDGMENTS OF THE WEEK Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court Case title - Kalika Pratap Singh vs. State Of U.P. And 2 Others Case citation: 2023 LiveLaw 86 While cancelling bail …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
2 years ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

HC sets aside ACB special court order in multi-crore skill development scam
2 years ago

HC sets aside ACB special court order in multi-crore skill development scam

Deccan Chronicle  

VIJAYAWADA: The Andhra Pradesh High Court on Thursday set aside the order of the ACB special court rejecting a CID plea for remand of the former employee, G.V.S. The remand had been sought for questioning Bhaskar on his alleged involvement in the multi-crore AP Skill Development Corporation scam. A single judge HC bench of Justice Bhanumathi heard the revision petition …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
2 years ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
2 years, 1 month ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
2 years, 2 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years, 2 months ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years, 3 months ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 4 months ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 4 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 5 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
2 years, 5 months ago

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 6 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 6 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months
2 years, 6 months ago

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months

Live Law  

The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary, Government of Uttar Pradesh.The government has also assured the High Court that the decision taken by. …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 6 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

After HC snub, BJP leader moves SC in alleged rape case
2 years, 7 months ago

After HC snub, BJP leader moves SC in alleged rape case

Deccan Chronicle  

NEW DELHI: Former BJP minister Shahnawaz Hussain moved the Supreme Court challenging a Delhi High Court order directing registration of an first information report against him in a 2018 alleged rape case. The High Court had directed Delhi Police to register an FIR against Hussain and complete the investigation within three months. It is only after investigations that the police …

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