"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine
4 years, 4 months ago

"Can HC Grant Protection From Arrest To Accused Till Filing Of Chargesheet While Refusing To Quash FIR ?": Supreme Court to Examine

Live Law  

The Supreme Court will examine the issue whether a High Court, while considering a petition to quash FIR, pass an order protecting the accused from arrest until the submission of the charge sheet under Section 173 of the Code of Criminal Procedure? The bench comprising Justices DY Chandrachud and Indu Malhotra issued notice in an SLP filed against Allahabad High Court order which granted. The bench comprising Justices DY Chandrachud and Indu Malhotra issued notice in an SLP filed against Allahabad High Court order which granted such a protection while declining to quash an FIR. In the said judgment, the court had examined the issue whether the High Court while refusing to exercise inherent powers under Section 482 of the Code of Criminal Procedure to interfere in an application for quashment of the investigation, can restrain the investigating agency not to arrest the accused persons during the course of investigation.?

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History of this topic

Justice League: Orders reserved on quash petition in phone-tapping case
4 weeks, 1 day ago

Justice League: Orders reserved on quash petition in phone-tapping case

New Indian Express  

Tapgate: Orders reserved on quash petition Justice K Lakshman of the Telangana High Court on Friday reserved orders on a petition filed by former Task Force DCP P Radhakishan Rao, seeking quashing of the probe in Crime No. He argued that the first FIR in the phone-tapping case had also been registered at the same police station, and since both …

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail
1 month ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law  

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts
1 month ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law  

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police
1 month ago

Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

Live Law  

The Supreme Court on Friday deprecated the conduct of Chattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act against an accused soon after he was granted interim protection from arrest in another case. The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied …

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court
2 months, 1 week ago

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court

Live Law  

The Supreme Court has deprecated the practice of police arresting an accused, who was not arrested during investigation after the Court has taken cognizance of the chargesheet.When the Court was informed that such a practice was being followed by the Uttar Pradesh police, it expressed surprise, terming the practice "unusual". The Supreme Court has deprecated the practice of police arresting …

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months, 2 weeks ago

Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea

Live Law  

The Supreme Court today issued notice on the anticipatory bail plea of ex-IAS probationary officer Puja Khedkar, who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission Civil Services Examination, 2022. However, Senior Advocate Siddharth Luthra pointed out that the Delhi High Court has given very strong findings in the impugned order, indicting Khedkar …

Formula E Race case: Telangana HC dismisses KTR’s plea to quash ACB case against him, declines to extend arrest protection order
2 months, 3 weeks ago

Formula E Race case: Telangana HC dismisses KTR’s plea to quash ACB case against him, declines to extend arrest protection order

The Hindu  

Telangana High Court dismissed the criminal petition of K.T. Rama Rao, former Minister of Bharat Rashtra Samithi, seeking a direction to quash the criminal case registered against him by Anti Corruption Bureau over alleged misappropriation of funds relating to Formula E Race held during BRS rule. Justice K. Lakshman of the High Court, who earlier granted protection of arrest to …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
3 months, 3 weeks ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
4 months ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

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

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
7 months, 4 weeks ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
9 months, 3 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
11 months, 1 week 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 …

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 …

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 5 months ago

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Live Law  

The Supreme Court on Tuesday upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming. …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 6 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 7 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
1 year, 8 months ago

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

Live Law  

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. A bench comprising of Justices BR Gavai, AS Bopanna and Dipankar Datta, while quashing the Gujarat High Court's order denying her bail, took specific note of the …

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

Supreme Court Sets Aside HC Direction To Give '72 Hours Notice' To An Accused If State Intends To Arrest Him
2 years, 3 months ago

Supreme Court Sets Aside HC Direction To Give '72 Hours Notice' To An Accused If State Intends To Arrest Him

Live Law  

The Supreme Court set aside a direction issued by Bombay High Court to the State to give 72 hours' notice to an accused in the event it intends to arrest him.Such a direction could not have been issued by the High Court, the bench of CJI DY Chandrachud and Justice PS Narasimha observed.In this case, the Bombay High Court, while …

SC quashes Kerala HC order granting anticipatory bail to 4 in ISRO espionage case
2 years, 3 months ago

SC quashes Kerala HC order granting anticipatory bail to 4 in ISRO espionage case

Deccan Chronicle  

New Delhi: The Supreme Court Friday quashed the Kerala High Court order granting anticipatory bail to four people, including a former Director General of Police, in a case of alleged frame-up of scientist Nambi Narayanan in the 1994 ISRO espionage matter. We request the HC to decide the anticipatory bail applications at the earliest preferably within four weeks from date …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 4 months ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 5 months ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus
2 years, 5 months ago

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus

Live Law  

A Supreme Court bench comprising Chief Justice U.U. Lalit and Justice J.B. Pardiwala heard a petition challenging a High Court's decision of exercising its powers under Section 482 of CrPC and quashing criminal proceedings against a person accused of outraging a minor girl's modesty based on a compromise reached by the parties. The bench has listed the matter for 31st …

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1
2 years, 6 months ago

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1

Live Law  

A Constitution Bench of the Supreme Court will commence hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution of India, 1950, from 1st November, 2022. Senior Advocate, Mr. Arvind Datar apprised the Bench of the crux of the …

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
2 years, 6 months ago

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing two …

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order
2 years, 6 months ago

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order

Live Law  

The Supreme Court, on Wednesday, observed that a petition under Section 482 of the CrPC can be moved by Mohammed Zubair, Co-founder of Alt News before the Delhi High Court seeking quashing of case instituted against him initially at Sitapur, Uttar Pradesh and later transferred to Delhi, as per the directions of the Apex Court. Chandrachud and Hima Kohli recorded …

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 …

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 9 months ago

Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 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 …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members
3 years, 1 month ago

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members

Live Law  

The Allahabad High Court on Monday stayed the arrest of a man who is living with a married woman in connection with an FIR registered against him by the husband of the woman.The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued a notice to the husband of the woman seeking his reply in the matter.Essentially, one …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
3 years, 1 month ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

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
3 years, 1 month 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 …

Supreme Court Extends Interim Protection Granted To BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Next Hearing On Dec 2
3 years, 4 months ago

Supreme Court Extends Interim Protection Granted To BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Next Hearing On Dec 2

Live Law  

The Supreme Court on Tuesday extended the interim protection from arrest granted earlier by the Calcutta High Court to BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. The Court was adjudicating upon a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial …

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court
3 years, 4 months ago

High Court Cannot Quash Criminal Proceedings U/Sec 482 CrPC Relying On 'Draft Charge Sheet' Which Is Yet To Be Filed Before Magistrate: Supreme Court

Live Law  

A High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday.The bench comprising Justices DY Chandrachud and BV Nagarathna observed that a High Court can neither direct an investigating agency. A …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 5 months ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Supreme Court Grants 2 Months Protection To 'The Wire' Journalists From 3 UP Police FIRS; Asks Them To Move HC For Quashing
3 years, 6 months ago

Supreme Court Grants 2 Months Protection To 'The Wire' Journalists From 3 UP Police FIRS; Asks Them To Move HC For Quashing

Live Law  

The Supreme Court on Wednesday granted two months protection to the "The Wire" and three of its reporters from three FIRs registered against them by the Uttar Pradesh Police over some of the reports published by the portal.However, the Supreme Court said that to entertain the matter directly will open a "Pandora's Box" and asked them to approach the High …

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order
3 years, 6 months ago

NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order

Live Law  

The Allahabad High Court today quashed a detention order passed by the DM, Lakhimpur Kheri under the National Security Act, 1980 against a man for his alleged Facebook post on Babri Masjid.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the habeas corpus. The Allahabad High Court today quashed a detention order passed by the DM, Lakhimpur …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court
3 years, 7 months ago

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court

Live Law  

The Supreme court reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 482 of the Criminal Procedure Code.The bench comprising Justices DY Chandrachud and MR Shah observed that while exercising jurisdiction under Section 482 of the Criminal Procedure Code, the High Court ought not to be scrutinizing the material in. …

SC asserts HCs’ power to protect from arrest
3 years, 10 months ago

SC asserts HCs’ power to protect from arrest

Hindustan Times  

High courts are empowered to protect an accused from arrest for a certain period of time even if it rejects the anticipatory bail plea, the Supreme Court ruled on Friday, while underscoring that bail provisions must be liberally construed by the courts to take into account myriad situations. In the wake of two orders by the Allahabad high court, granting …

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court
3 years, 10 months ago

High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when there are exceptional circumstances.The bench headed by CJI Ramana also observed that such orders should explain the reasons for issuing such protection. The Supreme Court observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when …

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court
3 years, 10 months ago

Accused Entitled To Seek Bail On Sole Ground Of Arrest Violating 'Arnesh Kumar' Guidelines : Madhya Pradesh High Court

Live Law  

Days after it observed that the need of the hour is to immediately decongest jails, the Madhya Pradesh High Court on Monday directed the High-Powered Committee to consider the suggestions received by it and make its recommendation regarding the release of prisoners. Additionally, the Senior Counsel and Amicus Curiae suggested that the High Powered Committee ought to also consider recommending …

Held On Sedition Charge, YSR Congress Party's Elected MP K. Raghu Rama Krishna Raju Moves Supreme Court Seeking Bail
3 years, 10 months ago

Held On Sedition Charge, YSR Congress Party's Elected MP K. Raghu Rama Krishna Raju Moves Supreme Court Seeking Bail

Live Law  

Challenging the Andhra Pradesh High Court's May 15 order, refusing to entertain his bail application, Kanumuri Raghurama Krishnam Raju, an elected Member of Parliament from Narasapuram Parliamentary constituency in Andhra Pradesh has moved the Supreme Court.He was arrested on Friday on the charges of sedition and was taken to the Crime Investigation Department. Challenging the Andhra Pradesh High Court's May …

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court
4 years ago

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court

Live Law  

"When the Bombay High Court closed the door, we opened it and we said that it cannot be shut completely. In the Arnab Goswami decision, penned by Justice Chandrachud, the top court had noted that the Bombay High Court's reliance on Jeelani was misplaced as the ruling in Jeelani arose in a situation where the High Court had declined to …

'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, …

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