Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]
4 years, 2 months ago

Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]

Live Law  

The Chhattisgarh High Court has held that the Special Courts constituted under Section 14 of the Scheduled Caste and the Scheduled Tribes Act, has power and jurisdiction to invoke provisions contained in Section 156 of the CrPC and direct for registration of FIR and investigation.Justice Sanjay K. Agrawal was considering a petition challenging an order passed. The Chhattisgarh High Court has held that the Special Courts constituted under Section 14 of the Scheduled Caste and the Scheduled Tribes Act, has power and jurisdiction to invoke provisions contained in Section 156 of the CrPC and direct for registration of FIR and investigation. It also referred to a Full Bench judgment of the Madhya Pradesh High Court in Anand Swaroop Tiwari v. Ram Ratan Jatav and observed: it is quite vivid that the Special Court constituted under Section 14 of the Act of 1989 is the criminal court of original jurisdiction and is not governed by Section 193 of the Code, and the Special Court can take cognizance in any of the circumstances referred to in Section 190 of the Code and is governed by Chapters XV & XVI of the Code and such other provisions of the Code which are not inconsistent with the status and functions as Courts of original jurisdiction. Therefore, the Special Courts constituted under the Act of 1989 will also have power and jurisdiction to invoke Section 156 of the Code to direct investigation in exercise of power conferred, to the Station House Officer subject to fulfillment of making two prior applications under 122000 MPLJ 459 25 Section 154 and thereafter under Section 154 of the Code by the complainant.

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History of this topic

‘Set up special court in all districts as per SC/ST rules’: NCSC
1 month ago

‘Set up special court in all districts as per SC/ST rules’: NCSC

New Indian Express  

MADURAI: The National Commission for Scheduled Castes and Scheduled Tribes asked the chief secretary to the state government to set up special courts in all districts as per the SC/STs Rules, 2016. National Commission for SC/ST Director S Ravivarman had sent a letter to the chief secretary on December 4, and said that a petition was received by the National …

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act
1 month, 2 weeks ago

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act

New Indian Express  

JAIPUR: The Rajasthan High Court on Thursday quashed an FIR against Bollywood actors Shilpa Shetty and Salman Khan under the SC-ST Act. A single bench led by Justice Arun Monga ruled that an FIR under the SC-ST Act cannot be registered without proper sectioning and inquiry. Court Highlights Flaws in FIR The High Court bench noted that the FIR was …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
1 month, 3 weeks ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months, 2 weeks ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

High Court's notice to Centre on DMK plea opposing three new criminal laws
5 months, 2 weeks ago

High Court's notice to Centre on DMK plea opposing three new criminal laws

India Today  

The Madras High Court on Friday ordered issuing notice to the Centre over a plea by the Dravida Munnetra Kazhagam to declare as ultra vires and unconstitutional, the three new criminal laws brought in by the Union government. The three laws-- Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam have come into effect from July 1. A …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 3 weeks ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence
1 year, 6 months ago

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence

Live Law  

The Calcutta High Court on Tuesday set aside a single-judge order directing registration of FIR against certain police officials of Baruipur district for alleged violence, while exercising writ jurisdiction under Article 226 of the Constitution. Questioning the perpetual practise of approaching the High Court under Writ Jurisdiction when there are alternate remedies available under other statutes, a bench of Chief …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 7 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 8 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 …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
1 year, 11 months ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Supreme Court Monthly Criminal Digest: December 2022
1 year, 11 months ago

Supreme Court Monthly Criminal Digest: December 2022

Live Law  

Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw 1009 Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to summon additional …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court
2 years, 6 months ago

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

Live Law  

The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014
2 years, 8 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law  

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court
2 years, 9 months ago

Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court

Live Law  

The Gujarat High Court recently refused to exercise its writ jurisdiction under Article 226 of the Constitution and issue directions for registration of FIR on a complaint lodged by the Petitioner, observing that if such petitions are entertained then the High Courts will be flooded and will not be able to do any other work.Justice AS Supehia refused to quash …

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
2 years, 10 months ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

S.195 CrPC | No FIR Can Be Registered For Forgery/ Conspiracy Committed Before Court On The Basis Of Private Complaint: Chhattisgarh HC
2 years, 10 months ago

S.195 CrPC | No FIR Can Be Registered For Forgery/ Conspiracy Committed Before Court On The Basis Of Private Complaint: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently held that in terms of Section 195 CrPC, no FIR can be registered for forging of documents or conspiracy committed before the Court, on the basis of a private complaint. Quashing one such FIR, Justice Narendra Kumar Vyas noted,"It certainly falls within ambit of Section 195 of Cr.P.C. Advocate Somnath Verma, appearing on behalf of …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
2 years, 11 months ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
2 years, 11 months ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC
2 years, 11 months ago

Second FIR On Same Incident Is Abuse Of Process Of Law, May Be Quashed Without Awaiting Final Report U/S 173 CrPC: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that if a second FIR is registered regarding an incident on which a prior FIR already exists, it amounts to abuse of process of law and the High Court is well within its powers under Section 482 CrPC to quash the same, without awaiting a final report under Section 173 CrPC. The …

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
3 years ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court
3 years ago

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court

Live Law  

The Supreme Court has recently observed that the High Court in a petition for quashing filed by the accused u/s 482 CrPC cannot issue directions for proceeding against a third party who was neither before the Court and nor was given any opportunity before passing the order.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a special leave …

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint
3 years ago

Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint

Live Law  

In a relief for Maharashtra cabinet minister Nawab Malik, a Mumbai court has refused to order registration of an FIR against him and others for violating Covid norms and "inviting the public en masse to Sewree Magistrate's court on November 29 at 10am." According to the complaint filed through advocate Faiz Merchant, Malik's "agents and party workers effected social media …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 4 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court
4 years ago

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in registering the FIR for offence under Section 188 of the IPC and the bar under Section 195 comes into operation at the stage of taking cognizance. in respect of registration of FIR, therefore, FIR for an offence under Section 188 …

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court
4 years ago

Writ Jurisdiction For Registration Of FIR Can't Be Invoked Without Availing Statutory Remedies Under CrPC: Allahabad High Court

Live Law  

The Lucknow Bench of the Allahabad High Court recently observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to the Police to register an FIR on their complaints, but they should first avail the alternative statutory remedies under the Code of Criminal Procedure, of approaching district police superintendents or magisterial court. Findings …

Sushant Singh Rajput Case: Why SC Upheld Jurisdiction Of Bihar Police To Register FIR?
4 years, 4 months ago

Sushant Singh Rajput Case: Why SC Upheld Jurisdiction Of Bihar Police To Register FIR?

Live Law  

The Supreme Court on Wednesday held that Bihar police had jurisdiction to register FIR in the Sushant Singh Rajput case at the complaint of his father, and held that transfer of investigation to CBI was valid. This position of law was settled by the Top Court in Satvinder Kaur v. GNCTD, 8 SCC 728, and recently affirmed in Rasiklala Dalpatram …

[Sushant Singh Rajput Case] No Embargo On Bihar Police To Investigate, Inaction By Mumbai Police To Register FIR Contrary To Law: Bihar Govt. To SC
4 years, 4 months ago

[Sushant Singh Rajput Case] No Embargo On Bihar Police To Investigate, Inaction By Mumbai Police To Register FIR Contrary To Law: Bihar Govt. To SC

Live Law  

The Bihar Government has filed its written submissions before Top Court in the petition filed by Bollywood actress Rhea Chakraborty seeking transfer of FIR registered against her by Sushant't father from Patna to Mumbai.Alleging that the Mumbai Police has adopted a lackadaisical approach towards the Sushant Singh Rajput Death case and has not even registered an FIR, the Bihar Government. …

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]
4 years, 6 months ago

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where …

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]
4 years, 8 months ago

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]

Live Law  

Rajasthan High Court on Tuesday held that where investigation based on a private complaint for corruption cannot be conducted against public servants for want of "sanction to prosecute" from the government, the complaint cannot stand against private individuals also. As the public servants cannot be prosecuted in this mater, registration of the FIR by the Anti Corruption Bureau against the …

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]
4 years, 9 months ago

Can High Court Order Registration Of FIR?: SC Reiterates Observations In Sakiri Vasu Judgment [Read Order]

Live Law  

The High Court could not have directed the registration of an FIR, said the Supreme Court in a judgment delivered today reiterating the observations in celebrated judgment in Sakiri Vasu v. State Of Uttar Pradesh. The bench of Justices NV Ramana, Mohan M. Shantanagoudar and Sanjiv Khanna set aside a High Court order which directed the police to register a …

Kathua gangrape-murder case: J&K court directs registration of FIR against six members of SIT that probed 2018 incident
5 years, 2 months ago

Kathua gangrape-murder case: J&K court directs registration of FIR against six members of SIT that probed 2018 incident

Firstpost  

A court in Jammu and Kashmir on Tuesday directed the police to register an FIR against six members of a Special Investigation Team that probed the 2018 rape and murder of an eight-year-old nomadic girl in a Kathua village for allegedly torturing and coercing witnesses to give false statements Jammu: A court in Jammu and Kashmir on Tuesday directed the …

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