Breaking; Kerala HC upholds further investigation ordered against Kerala Law Minister K.M. Mani in Bar Scam Case [Read Order]
9 years, 4 months ago

Breaking; Kerala HC upholds further investigation ordered against Kerala Law Minister K.M. Mani in Bar Scam Case [Read Order]

Live Law  

'Caesar's wife must be above suspicion'. In a case like this, it is quite natural that the common man may entertain a feeling that there cannot be a proper investigation by a State Machinery when the accused, against whom fingers are pointed out, is continuing as a Minister.” The High Court of Kerala has held that the court which ordered a further investigation in the vigilance case against the Finance Minister of Kerala, K.M. Justice Kamal Pasha observed that the court ordered a further investigation as the Director of Vigilance failed to exercise his power under Section 173 Cr.PC. The High court observed that the Director of Vigilance' has gone to the extent of directing the investigating officer to submit a final report in tune with the scrutiny report furnished by him. In a case like this, it is quite natural that the common man may entertain a feeling that there cannot be a proper investigation by a State Machinery when the accused, against whom fingers are pointed out, is continuing as a Minister.” In the revision petition, it was averred that the opinion of the Advocate General of the State or any Law Officer under him was not attempted, since the accused is also the Law Minister of the State and the Director made an honest attempt to get the best opinion from other experts on the issue.

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History of this topic

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
3 days, 19 hours ago

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court

Live Law  

The Supreme Court has reiterated that before a complainant can seek a Magistrate's direction under Section 156 of the CrPC to register an FIR and investigate a cognizable offence, they must first exhaust the remedies under Sections 154 and 154 of the CrPC. Only after these steps are taken and the remedies under Section 154 are exhausted can the complainant …

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
1 week, 2 days ago

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

Live Law  

The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of …

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court
1 week, 6 days ago

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

Live Law  

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act were made out. The Court said that if the CBI finds that offences under PC Act is not revealed, it shall submit a final report revealing the non …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
2 weeks, 3 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
2 weeks, 6 days ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC
1 month, 2 weeks ago

Magisterial Inquiry Before Ordering FIR An Additional Safeguard U/Section 175(3) BNSS, Prevents Unnecessary Police Use: Punjab & Haryana HC

Live Law  

The Punjab & Haryana has observed that Section 175 of BNSS has introduced additional safeguards ensuring that before directing the registration of an FIR, the Magistrate is required to conduct such inquiry as deemed necessary and consider the submissions made by the police officer. Justice Harpreet Singh Brar said, "Furthermore, Section 175 of BNSS has introduced additional safeguards ensuring that …

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju
2 months ago

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Live Law  

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990. The petitioner added that he had also filed an …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 1 week ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants
2 months, 3 weeks ago

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

Live Law  

The Kerala High Court on Tuesday stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission which is stated to have said that the name and password of several PSC applicants were available on the dark …

Hema Committee Report: Kerala High Court Directs SIT To Nominate Nodal Officer To Prevent Witness Intimidation
3 months, 3 weeks ago

Hema Committee Report: Kerala High Court Directs SIT To Nominate Nodal Officer To Prevent Witness Intimidation

Live Law  

The Kerala High Court has directed the Special Investigation Team, probing offences after publication of Justice Hema Committee Report, to nominate a nodal officer to prevent alleged intimidation and threatening of witnesses by the accused or other persons. The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha directed the SIT to publicize the name and …

SC To Hear Plea Against Probe In Justice Hema Committee Report Tomorrow
4 months ago

SC To Hear Plea Against Probe In Justice Hema Committee Report Tomorrow

ABP News  

The Supreme Court will resume hearing on Monday a petition challenging the Kerala High Court order directing registeration of FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry. The top court on October 24 had issued notice in a special leave petition filed against the Kerala High …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
4 months ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case
4 months ago

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case

New Indian Express  

THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case. The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding …

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers
4 months, 1 week ago

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers

Live Law  

While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Setting aside …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
4 months, 2 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

Vigilance starts anti-corruption inquiry against two Kerala IPS officers, including ADGP Ajith Kumar
6 months ago

Vigilance starts anti-corruption inquiry against two Kerala IPS officers, including ADGP Ajith Kumar

The Hindu  

The Vigilance and Anti-Corruption Bureau has commenced a “detailed anti-corruption enquiry” against two ranking IPS officers in Kerala, including the State’s top law enforcer, Additional Director General of Police, Law and Order, M.R. In a government order issued on Friday, the Home department also brought Sujith Das, former District Police Chief of Malappuram and later Pathanamthitta, who served under Mr. …

Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case
6 months, 2 weeks ago

Manner Of Probe Is Wisdom Of Investigating Agency But As 'Guardian Of Constitution', Court Will Monitor Action: P&H HC In Cheating Case

Live Law  

The Punjab & Haryana High Court has said that it will monitor the action taken against Punjab's real estate developer Jarnail Bajwa accused in over 50 FIRs pertaining to cheating investors.Bajwa was arrested a day after the Court summoned DGP Punjab over the lackadaisical approach of the Punjab Police in taking action against him and had sought details of cases …

INS Vikrant fund case against Somaiya: Further probe necessary, says court
7 months, 1 week ago

INS Vikrant fund case against Somaiya: Further probe necessary, says court

The Hindu  

Police have not probed what has been done with funds collected by BJP leader Kirit Somaiya and his son to save the decommissioned naval aircraft carrier Vikrant, a Mumbai court has held while disposing of the closure report in a cheating case against the duo. Additional Chief Judicial Magistrate, S P Shinde, in an order passed last week, directed the …

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 …

Kerala High Court Quashes Proceedings Against KPCC President K Sudhakaran In CPM Leader P Jayarajan's Attempt To Murder Case
10 months ago

Kerala High Court Quashes Proceedings Against KPCC President K Sudhakaran In CPM Leader P Jayarajan's Attempt To Murder Case

Live Law  

The Kerala High Court quashed proceedings against State Congress President, K Sudhakaran in CPM leader P Jayarajan's attempt to murder case. The Court stated that the first FIR was filed alleging sections 120B, 307 of IPC, section 25 and section 27 of the Arms Act. The Court stated that a second FIR can be registered if it pertains to a …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
11 months, 1 week ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks 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 …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
11 months, 2 weeks ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

Vigilance Manual Not Statute, Mere Non-Compliance With Directions For Investigators Doesn't Vitiate Probe: Kerala High Court
11 months, 3 weeks ago

Vigilance Manual Not Statute, Mere Non-Compliance With Directions For Investigators Doesn't Vitiate Probe: Kerala High Court

Live Law  

The Kerala High Court has observed that the Vigilance Manual is not a statute and was not enacted by the legislature. Thus, it held that mere non-compliance with the Vigilance Manual's directions for investigating officers would not vitiate an investigation. Justice K Babu stated that there was no prejudice caused to the petitioner due to non-compliance with Vigilance Manual directions. …

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court
1 year, 1 month ago

[Sharon Murder Case] SIT Head Specifically Entrusted With Investigation Of Crime, Can File Final Report U/S 173 CrPC: Kerala High Court

Live Law  

The Kerala High Court stated that the Deputy Superintendent of Police of the Crime Branch heading a special investigating team that was specifically entrusted with the investigation of a crime is competent to file the final report under Section 173 CrPC. The issue before the Court was whether the head of a Special Investigation Team, constituted to investigate a crime, …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
1 year, 2 months ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

TN Vigilance Director Objects To Listing Of Case Before Justice Bela Trivedi's Bench; Says Matter Was Being Heard By Another Bench
1 year, 3 months ago

TN Vigilance Director Objects To Listing Of Case Before Justice Bela Trivedi's Bench; Says Matter Was Being Heard By Another Bench

Live Law  

The Director Of Vigilance And Anti Corruption of Tamil Nadu has objected to the listing of a matter before a bench led by Justice Bela M. Trivedi stating that it was earlier listed before a bench headed by Justice Aniruddha Bose. The matter pertains to an appeal filed by the DVAC against a Madras High Court order that ruled that …

Solar Scam | Complainant Challenges MP KC Venugopal's Acquittal In Sexual Assault Case: Kerala High Court Admits Plea, Issues Notice
1 year, 4 months ago

Solar Scam | Complainant Challenges MP KC Venugopal's Acquittal In Sexual Assault Case: Kerala High Court Admits Plea, Issues Notice

Live Law  

The Kerala High Court on Thursday admitted a criminal revision petition filed by the complainant in the solar sexual assault case challenging Congress MP K.C. The complainant had approached the High Court against the order passed by the Chief Judicial Magistrate, Thiruvananthapuram which had accepted the “closure report” from CBI and dismissed the petition filed by the victim. The complainant …

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy
1 year, 4 months ago

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy

Live Law  

The Kerala High Court on Friday dismissed the plea filed by MLA K.B. Ganesh Kumar seeking to quash the case against him in connection with alleged conspiracy involved in naming late Congress leader and former Chief Minister of the State, Oommen Chandy, in the solar sexual assault case.The case is pending before court of Judicial First Class Magistrate at Kottarakkara,"Serious. …

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police
1 year, 4 months ago

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police

Live Law  

The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month. Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea. The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 5 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 5 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 6 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

State Vigilance and Anti-Corruption Bureau Can Investigate Corruption Offences Against Central Govt Employees: Kerala High Court
1 year, 7 months ago

State Vigilance and Anti-Corruption Bureau Can Investigate Corruption Offences Against Central Govt Employees: Kerala High Court

Live Law  

The Kerala High Court recently held that the Vigilance and Anti-Corruption Bureau has the authority to register the crime and investigate offences under the Prevention of Corruption Act, 1988 that are allegedly committed by Central Government employees.A Single Judge Bench of Justice Kauser Edappagath noted that there was no special provision in the Prevention of Corruption. The Kerala High Court …

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court
1 year, 8 months ago

Minute Procedural Aberration In Magistrate's Order Rejecting 'B' Report And Taking Cognizance Doesn't Prejudice Accused: Karnataka High Court

Live Law  

The Karnataka High Court has rejected a petition filed by eight murder accused challenging Magistrate court's order taking cognizance of the offence alleged against them and rejecting the ‘B Report’ filed by the police. A single judge bench of Justice M Nagaprasanna rejected the petitioners contention regarding procedural defects in the cognizance order as the sworn statement was recorded even …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 11 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

'Calculated Attempt To Exonerate Influential Accused': Kerala High Court Cancels Further Investigation In Misappropriation Case Against Vellappally Natesan
1 year, 11 months ago

'Calculated Attempt To Exonerate Influential Accused': Kerala High Court Cancels Further Investigation In Misappropriation Case Against Vellappally Natesan

Live Law  

The Kerala High Court on Tuesday paved for trial to proceed against SNDP Yogam General Secretary Vellappally Natesan, in a case alleging misappropriation of funds.The Single Judge Bench of Justice Ziyad Rahman A.A. set aside the permission granted by a Magistrate Court in Kollam to conduct further investigation. The Kerala High Court on Tuesday paved for trial to proceed against …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

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 …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years, 3 months ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order
2 years, 4 months ago

‘CBI Exempt from RTI Act’: Kerala High Court Upholds Single-Judge Bench’s Order

News 18  

Upholding the order of a single-judge bench, a division bench of the Kerala High Court held that the Central Bureau Investigation is not liable to furnish information under the Right to Information Act as it is included in the second schedule of the Act, which exempts security organisations established by the Central Government. The Assistant Solicitor General argued that orders …

Kodanadu case: Police asks Madras HC not to fix time frame for probe, says hidden info has come to light
2 years, 6 months ago

Kodanadu case: Police asks Madras HC not to fix time frame for probe, says hidden info has come to light

India Today  

Police officials investigating the Kodanadu heist and murder case sought the Madras High Court not to fix a time frame for the probe on Friday, September 2. The Kodanad heist and murder case is being probed by a team headed by the West zone police Inspector-General, Sudhakar. KODANAD MURDER AND HEIST CASE The Kodanad tea estate in Nilgiris district was …

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 …

Evidence Tampering Case | Kerala High Court Seeks Status Report On Ongoing Trial Against Minister Antony Raju
2 years, 7 months ago

Evidence Tampering Case | Kerala High Court Seeks Status Report On Ongoing Trial Against Minister Antony Raju

Live Law  

The Kerala High Court on Friday called for the status report in the evidence tampering case involving Transport Minister Antony Raju regarding the progress of the trial before the Judicial First Class Magistrate Court, Nedumangad. Justice Ziyad Rahman A.A was adjudicating upon a petition seeking expedited trial in the case where the Transport Minister has been accused of tampering with. …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 7 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

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