Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
4 months, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 of the Kerala Police Act, 2011 - which explicitly prohibits penalties in departmental enquiries based on the same facts where a police officer has been exonerated by a criminal court after trial. Secondly, the court analyzed Section 101 of the Kerala Police Act, citing previous decisions in State of Kerala v. S.Vijayakumar, State of Kerala v. P.V.Kuryan, and Amalraj S. v. State of Kerala. Thirdly, the court relied on the Supreme Court case of Paul Anthony v. Bharat Gold Mines Ltd., which established that when charges and evidence in criminal and departmental proceedings are the same, acquittal in the criminal case absolves the person from departmental proceedings.

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History of this topic

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

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

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 …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
3 months ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 months, 1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

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 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
4 months, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

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 …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab
11 months ago

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab

New Indian Express  

CUTTACK: A Special Court here dealing with cases against MPs and MLAs on Friday started trial in the 13-year-old police officer assault case against Lok Sabha MP from Cuttack Bhartruhari Mahtab. The trial started in the court of Judicial Magistrate First Class, Deepankar Bal with the deposition of the first prosecution witness - sub-inspector Amitabh Mohapatra who is both informant …

'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates
1 year, 1 month ago

'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates

Live Law  

The Kerala High Court Advocates Association, Advocate Yeshwanth Shenoy and Advocate Anoop V Nair have approached the Kerala High Court aggrieved by police brutality and registration of false FIRs against Advocates on frivolous reasons. I am sure not all police officers behave like that, I cannot make a general statement.”, the Court stated orally. The Alathur incident is under the …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 5 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court
1 year, 7 months ago

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court

Live Law  

While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined. "The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,. …

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 …

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds
2 years ago

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds

Live Law  

Citing technical reasons, the Kerala High Court on Friday quashed the trial court proceedings against Transport Minister of Kerala, Antony Raju in connection with the evidence tampering case against the Minister pending before Judicial First Class Magistrate Court, Nedumangad, in Thiruvananthapuram. However, the single bench of Justice Ziyad Rahman clarified that this would not preclude the competent authority or the …

Judicial Service Examination- Practice Questions on First Information Report
2 years, 3 months ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

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 …

Kerala High Court Stays Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case
2 years, 3 months ago

Kerala High Court Stays Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Rash Driving Case

Live Law  

The Kerala High Court on Friday stayed the order dropping culpable homicide charges IAS Officer Sreeram Venkitaraman in the 2019 rash driving case.Admitting State's appeal against the order passed by the Additional Sessions Court I, Trivandrum, Justice Ziyad Rahman A.A., said:"Considering the facts and circumstances of the case, I am inclined to pass an interim order. The Kerala High Court …

Arrests being made without reasons which burdens judicial system: Ex-CJI U.U. Lalit
2 years, 4 months ago

Arrests being made without reasons which burdens judicial system: Ex-CJI U.U. Lalit

Deccan Chronicle  

MUMBAI: Former Chief Justice of India U U Lalit on Monday said in recent times civil disputes are being given criminal colour and arrests are being made without a reason which burdens the judicial system. Also speaking at the event, Bombay HC Chief Justice Dipankar Datta said bail is the rule and jail is an exception and gave the example …

Kerala made attempts to derail probe in gold smuggling case, ED tells SC
2 years, 4 months ago

Kerala made attempts to derail probe in gold smuggling case, ED tells SC

The Hindu  

Kerala Chief Minister Pinarayi Vijayan wrote to Prime Minister Narendra Modi highlighting an investigation by a Central agency into the gold smuggling case as the “need of the hour”, but the State turned against the Enforcement Directorate the moment the probe began to unearth the role of the Chief Minister’s own Principal Secretary in the case, the ED told the …

Kerala State Machinery Turned Against Gold Smuggling Probe After Role Of CM's Principal Secretary Was Detected : ED To Supreme Court
2 years, 4 months ago

Kerala State Machinery Turned Against Gold Smuggling Probe After Role Of CM's Principal Secretary Was Detected : ED To Supreme Court

Live Law  

The Enforcement Directorate has denied the allegation made by the Kerala Government that its plea to transfer the trial of gold smuggling case from the State is "politically motivated".In a rejoinder filed to the Kerala Government's counter affidavit, the ED stated that the transfer of the case from Kerala is necessary and that the petition had been filed on the …

HC upholds discharges of two retired IAS officers and top executives of Deccan Mining Syndicate Pvt. Ltd. in illegal mining case
2 years, 5 months ago

HC upholds discharges of two retired IAS officers and top executives of Deccan Mining Syndicate Pvt. Ltd. in illegal mining case

The Hindu  

The High Court of Karnataka has upheld the 2016 order of the Special Court for CBI cases in discharging two retired IAS officers and the executives of a mining company in an illegal mining case. Justice K. Somashekar passed the order while dismissing the revision petitions filed by the Central Bureau of Investigation, challenging Special Court’s January 30, 2016 order …

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court
2 years, 6 months ago

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. Furthermore, Justice Ravi Nath Tilhari observed that the charges framed against the petitioner in the departmental proceedings were different from the charges in criminal proceedings …

Failure To Secure Presence Of Crucial Witnesses Not Ground To Acquit Accused If Evidence Otherwise Establishes Prosecution Case: Kerala HC
2 years, 7 months ago

Failure To Secure Presence Of Crucial Witnesses Not Ground To Acquit Accused If Evidence Otherwise Establishes Prosecution Case: Kerala HC

Live Law  

The Kerala High Court on Wednesday held that the non-examination of crucial witnesses or the investigating officer by itself is not a sufficient reason to disbelieve the prosecution case in toto and to acquit the accused, if the evidence adduced otherwise emphatically established the prosecution case.Justice A. Badharudeen added that although the prosecution is duty bound to examine all. The …

Police Officials Making False Statements Before Criminal Court To Protect Fellow Officer Amounts To "Misconduct": Madras High Court
2 years, 7 months ago

Police Officials Making False Statements Before Criminal Court To Protect Fellow Officer Amounts To "Misconduct": Madras High Court

Live Law  

While upholding the disciplinary action against an erring police official, the Madras High Court heavily criticized the manner in which his fellow officials had given false statements before the trial court in the connected criminal case. Justice SM Subramaniam remarked that police officials making false or incorrect statements before the criminal courts could be construed as "misconduct". Justice SM Subramaniam …

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
2 years, 10 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law  

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Kerala high court: Bail plea of forensic expert in Dileep case is not maintainable
3 years ago

Kerala high court: Bail plea of forensic expert in Dileep case is not maintainable

Hindustan Times  

The Kerala high court on Tuesday said that the anticipatory bail plea moved by a forensic expert fearing arrest in a murder conspiracy case, in which actor Dileep is an accused, was not maintainable as on date as he has only been summoned as a witness by the police. The Kerala high court also noted that according to the police, …

Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine
3 years, 3 months ago

Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine

Live Law  

The Supreme Court recently agreed to examine whether conviction under Kerala Abkari Act was sustainable when independent witnesses to search turned hostile.The bench of Justices Ajay Rastogi and AS Oka issued notice in the special leave petition assailing Kerala High Court's order dated June 11, 2021.In the impugned order, the High Court bench of Justice K Haripal. The Supreme Court …

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal
3 years, 4 months ago

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal

Live Law  

The Allahabad High Court last week stayed the arrest of a law intern who stood in before a tribunal for his senior, under whom he was interning and sought adjournment in a case, and thereafter, charged for the offence of cheating by personation.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav prima facie noted that the petitioner over-zealously …

'Investigation Bound To Fail If Police Leaks Case Related Documents': CBI Opposes SI Abhishek Tiwari's Bail Plea In Delhi High Court
3 years, 5 months ago

'Investigation Bound To Fail If Police Leaks Case Related Documents': CBI Opposes SI Abhishek Tiwari's Bail Plea In Delhi High Court

Live Law  

Opposing the bail plea moved by sub-Inspector Abhishek Tiwari, who is accused subverting ongoing investigation against former Maharashtra Home Minister Anil Deshmukh, the CBI said that investigation is bound to fail if members of police start leaking related documents and strategies.In its affidavit, the Central Bureau of Investigation said:"The present offence is committed by a. Opposing the bail plea moved …

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 …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 6 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 …

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate
3 years, 11 months ago

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate

Live Law  

The Kerala High Court on Friday quashed the two FIRs registered by the Kerala Police Crime Branch against "unnamed officials" of the Enforcement Directorate for allegedly coercing the accused in the gold smuggling case to give false incriminating statements implicate Chief Minister Pinarayi Vijayan and other state functionaries.In a judgment pronounced on Friday, the High Court held that the. The …

Gold smuggling case: Kerala High Court quashes crime branch FIR against ED
3 years, 11 months ago

Gold smuggling case: Kerala High Court quashes crime branch FIR against ED

India Today  

The Kerala High Court on Friday quashed an FIR registered by the state crime branch against the enforcement directorate. Primary case was that the Enforcement Directorate team, which is probing the Kerala gold-smuggling case, forced Swapna Suresh to give false statements, and implicate chief minister Pinarayi Vijayan in the case. The enforcement directorate had approached the Kerala High Court seeking …

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases
4 years ago

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Live Law  

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Importantly, the plea states, "The law is being misused and abused by filing fake and malicious complaints and no …

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]
5 years, 2 months ago

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well …

Nirbhaya case: Convict's father alleges eyewitness took money, files complaint
5 years, 4 months ago

Nirbhaya case: Convict's father alleges eyewitness took money, files complaint

India Today  

Father of one of the convicted murderer in the Nirbhaya gang rape and murder case has filed a complaint with the Delhi Police against the sole witness in the case. Hira Lal Gupta, father of convict Pawan Kumar Gupta, in his complaint to the Deputy Commissioner of Police Southwest Delhi and RK Puram police station has said that the eyewitness …

Further Investigation Can Be Conducted Even After Trial Has Commenced; No Permission Required From Court: Kerala HC [Read Judgment]
5 years, 4 months ago

Further Investigation Can Be Conducted Even After Trial Has Commenced; No Permission Required From Court: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that it is not necessary for the investigating officer to seek any permission from the court to conduct further investigation.Justice R. Narayana Pisharadi also observed that there is no restriction on the power of the investigating officer to conduct further investigation after the commencement of the trial of the case. The Kerala High Court …

Acquittal By Criminal Court Does Not Preclude Departmental Inquiry Against Delinquent Officer, Reiterates SC [Read Judgment]
5 years, 6 months ago

Acquittal By Criminal Court Does Not Preclude Departmental Inquiry Against Delinquent Officer, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that acquittal by a Criminal Court does not preclude a Departmental Inquiry against the delinquent officer and the Disciplinary Authority is not bound by the judgment of the Criminal Court if the evidence that is produced in the Departmental Inquiry is different from that produced during the criminal trial.The bench comprising Justice L. Nageswara Rao …

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]
5 years, 8 months ago

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. Allowing his challenge against the findings of disciplinary enquiry, the High Court concluded that since the departmental proceedings as well as …

Same Person Cannot Be The Investigating Officer And Complainant In NDPS Cases: Delhi HC Reiterates [Read Judgment]
6 years, 3 months ago

Same Person Cannot Be The Investigating Officer And Complainant In NDPS Cases: Delhi HC Reiterates [Read Judgment]

Live Law  

The Delhi High Court, on Tuesday, reiterated that proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 stand vitiated if the same person acts as the Investigating Officer and the complainant.The judgment was passed by Justice C. Hari Shankar.The court was hearing a petition filed by one Gurtej Singh Batth, challenging a judgment passed in August, 2014, whereby. The …

Bhima Koregaon Case: Maharashtra Govt Moves SC Against Bombay HC Judgment Quashing Order Extending Time For Filing Charge sheet
6 years, 4 months ago

Bhima Koregaon Case: Maharashtra Govt Moves SC Against Bombay HC Judgment Quashing Order Extending Time For Filing Charge sheet

Live Law  

The Maharashtra government on Thursday moved the Supreme Court challenging the Bombay High Court Judgment setting aside the extension of time granted to state police to conclude probe in the Bhima Koregaon violence case.The bench comprising Chief Justice of India Ranjan Gogoi, Justice SK Kaul and Justice KM Joseph was addressed by Advocate Nishant Katneshwar, representing the. The Maharashtra government …

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]
6 years, 7 months ago

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]

Live Law  

Update: Merely Because The Investigation Officer Is The Complainant Himself The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Benchhttps://t.co/lhmQkU1HIb— Live Law August 31, 2020In a significant pronouncement, a three-judge bench of the Supreme Court has categorically held that the informant and. Update: Merely Because The Investigation Officer Is …

2G case: CBI moves Delhi HC against acquittal of Raja, Kanimozhi
7 years ago

2G case: CBI moves Delhi HC against acquittal of Raja, Kanimozhi

The Hindu  

The CBI on Tuesday moved the Delhi High Court challenging a special court order acquitting former Telecom Minister A. Raja, DMK MP Kanimozhi and others in the 2G spectrum allocation scam case. The Enforcement Directorate had on March 19 moved the Delhi High Court against acquittal of Mr. Raja, Ms. Kanimozhi and others in a money laundering case arising out …

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]
7 years, 11 months ago

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]

Live Law  

Investigation of serious crimes entrusted to unskilled, amenable and influenceable police officers will do great amount of disservice to the citizenry, the bench said.Taking a note of the ‘sad state of affairs’ prevailing in the state in the matter of crime investigation, the Kerala High Court has asked the government to take some concrete action to separate crime investigation and. …

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]
7 years, 11 months ago

Kerala HC Tells Govt To Separate Crime Investigation And Maintenance Of Law And Order [Read Judgment]

Live Law  

Investigation of serious crimes entrusted to unskilled, amenable and influenceable police officers will do great amount of disservice to the citizenry, the bench said.Taking a note of the ‘sad state of affairs’ prevailing in the state in the matter of crime investigation, the Kerala High Court has asked the government to take some concrete action to separate crime investigation and. …

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