Sub Inspector Was Unaware Of 'Arnesh Kumar' Guidelines: Police Commissioner Submits Before Kerala High Court
2 years, 4 months ago

Sub Inspector Was Unaware Of 'Arnesh Kumar' Guidelines: Police Commissioner Submits Before Kerala High Court

Live Law  

An interesting development transpired in the Kerala High Court recently when a Commissioner of Police communicated in his statement to the Court that a Sub Inspector of Police was oblivious of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar.A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen condemned the cavalier manner in which the. An interesting development transpired in the Kerala High Court recently when a Commissioner of Police communicated in his statement to the Court that a Sub Inspector of Police was oblivious of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen condemned the cavalier manner in which the Sub Inspector had responded to the contempt of court proceedings initiated against him for non-compliance with these guidelines. The Court was dealing with a contempt petition alleging flagrant violation of the directives issued by the Apex Court and the main issue was whether the Sub Inspector had issued Section 41A CrPC notice to the accused.

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History of this topic

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court
1 month, 2 weeks ago

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court

Live Law  

The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. The officer moved the High Court to remove the adverse remarks made against him in the order of the Special Court. The Supreme Court in Niranjan Patnaik …

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court
1 month, 3 weeks ago

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

Live Law  

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders. The Court was hearing a contempt petition alleging violation of the Apex Court guidelines in D K Basu v State …

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order
4 months, 4 weeks ago

Supreme Court Seeks Explanation From Chief Judicial Magistrate For Prima Facie Violation Of Its Order

Live Law  

The Supreme Court today sought an explanation from the Chief Judicial Magistrate, Patiala House Court in Delhi for prima facie violating the Top Court's order. However, despite the Supreme Court suspending the proceedings, the CJM continued the proceedings, following which the police officers visited the house of the wife in Chandigarh for arrest. Taking a serious view of this, the …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
9 months ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

T.N. Police accused of submitting fabricated CCTV footage in court to prove cinematographer’s presence in police station
11 months, 2 weeks ago

T.N. Police accused of submitting fabricated CCTV footage in court to prove cinematographer’s presence in police station

The Hindu  

January 24, 2024 01:29 pm | Updated 03:56 pm IST - CHENNAI In an unusual case of a litigant accusing the police of having submitted fabricated closed circuit television footage before the court to prove his presence in a police station on a particular day, the Madras High Court has called for the Call Detail Records along with the tower …

Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry
1 year, 2 months ago

Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry

Live Law  

Suspecting foul play in the FIR lodged by a Police Inspector against a 51-yr-old woman for allegedly threatening and abusing him over the phone, the Kerala High Court has ordered the State Police Chief to inquire the facts that led to the FIR.The petitioner-accused, who had pleaded her case in person 'teary eyed' before the Court, was booked under Section …

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, 7 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, …

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court
1 year, 8 months ago

Mere Averment Or Bald Allegations Not Sufficient To Initiate Contempt Proceedings Against An Individual: Delhi High Court

Live Law  

The Delhi High Court has observed that mere averment or a bald allegation is not sufficient to initiate contempt proceedings or issuance of show cause notice against a person. Justice Chandra Dhari Singh said that the disobedience must be “wilful and beyond a casual or accidental genuine inability” to comply with the terms of the judicial order. The court made …

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor
1 year, 10 months ago

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor

Live Law  

Closing the contempt proceedings against a person, the Delhi High Court observed that the anxiety, which the man went through during the trial of the case filed by his former wife, does not justify the actions of casting aspersion on a judicial officer.Justice Manmeet Pritam Singh Arora accepted the unconditional apology tendered by him, with a warning to exercise restraint …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 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 …

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment
3 years ago

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment

Live Law  

In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by the Supreme Court in the case Arnesh Kumar vs State of Bihar. The Court sentenced the police officer to one-day imprisonment for contempt of court.Justice Najmi Waziri also imposed a fine …

'A Very Dangerous Trend': Kerala High Court Cautions Officer With Contempt Charges For Repeatedly Circumventing Its Orders
3 years, 2 months ago

'A Very Dangerous Trend': Kerala High Court Cautions Officer With Contempt Charges For Repeatedly Circumventing Its Orders

Live Law  

The Kerala High Court on Thursday warned an Assistant Educational Officer of contempt proceedings under Article 215 of the Constitution, for his repeated circumvention from the orders of the Court. Justice Devan Ramachandran pulled up the AEO for proceeding with contempt despite being given several opportunities:"When this court notices obstinate belligerence from the respondent answering. Justice Devan Ramachandran pulled up …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 4 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

A Mumbai Police Inspector Moves Supreme Court Opposing Param Bir Singh's Prayer For Transfer Of All Investigation Outside State Of Maharashtra
3 years, 7 months ago

A Mumbai Police Inspector Moves Supreme Court Opposing Param Bir Singh's Prayer For Transfer Of All Investigation Outside State Of Maharashtra

Live Law  

An Intervention Application has been filed in former Mumbai Police Chief, Param Bir Singh's plea before the Supreme Court, opposing the prayer for transfer of all investigations and inquiries pending against Singh to any other State outside Maharashtra. Filed by Advocate Vipin Nair on behalf of a Senior Inspector with 27 years of service with the Mumbai Police/Home Department, the …

Contempt By 'Scandalizing The Court' : A Battle Of Perceptions On An Uneven Field
4 years, 5 months ago

Contempt By 'Scandalizing The Court' : A Battle Of Perceptions On An Uneven Field

Live Law  

In what could be most provocative newspaper response ever to a court order, the UK daily, 'The Daily Mirror', published on July 31, 1987 a picture of three senior judges - Lord Ackner, Lord Brandon and Lord Templeman- upside down in the front page.The highlight of the report was its not-so-subtle headline: "YOU FOOLS".The report was concerning an order passed …

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]
4 years, 6 months ago

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162 of the Code of Criminal Procedure, 1973. Section 162 of the Code provides that, no statement made by any person to a police officer in the …

HC initiates contempt proceedings against 3 policemen in Sattankulam
4 years, 6 months ago

HC initiates contempt proceedings against 3 policemen in Sattankulam

The Hindu  

Taking a serious view of police personnel attached to the Sattankulam station not cooperating with the Judicial Magistrate, Kovilpatti, in connection with the inquiry into the alleged custodial torture and deaths of traders P. Jayaraj and J. Benicks, the Madurai Bench of the Madras High Court on Monday initiated suo motu criminal contempt proceedings against two senior police officers and …

Contempt Action Sought Against Kerala Businessman For Remarks Against Sitting Judge
5 years, 10 months ago

Contempt Action Sought Against Kerala Businessman For Remarks Against Sitting Judge

Live Law  

Two petitions seeking sanction to initiate criminal contempt against Kerala businessman Kochouseph Chittilappilly have been filed before the Advocate General of Kerala under Section 15 of the Contempt of Courts Action.The petitions filed by S Aswaumar and advocate B H Manzoor allege that Chittilappilly wrote a letter to the Chief Justice of High Court against Justice Devan Ramchandran, who. Two …

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