'No Civil Or Criminal Proceedings Against Acts Done By Judicial Officers In Discharge Of Official Duties': Karnataka HC Quashes Complaint Against Magistrate [Read Order]
4 years, 2 months ago

'No Civil Or Criminal Proceedings Against Acts Done By Judicial Officers In Discharge Of Official Duties': Karnataka HC Quashes Complaint Against Magistrate [Read Order]

Live Law  

The Karnataka High Court on Wednesday quashed and set aside a private complaint lodged against a Judicial Officer by one C M Manjunath. The Court referred to the Judges Act 1985 and Section 77 of the Indian Penal Code to quash the complaint filed in respect of certain statements alleged to have been made by the judicial officer against the complainant. The court had by an earlier order stayed the private complaint registered under sections 166, 205, 120 211, 219, 499 and 34 of the Indian Penal Code, against the Judicial Magistrate First Class, Amicus Curiae Vikram Huilgol had submitted that the 2nd Respondent, being a judicial officer in Karnataka, is a "judge" who is entitled to protection under Section 3 of the Judges Protection Act and Section 77 of the IPC. The court had while staying the proceedings against the judicial officer had observed "Prima facie it appears to us that impugned complaint so far as respondent 2 is concerned is not maintainable in view of protection granted under provisions of Judge Act 1985, and section 77 of Indian Penal Code." Manjunath had filed a complaint on the administrative side addressed to the Chief Justice making certain grievances against the Judicial Officer, about the alleged statements made by the officer during remand proceedings.

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History of this topic

Officer Posted 'In-Charge' Of A Post Can Discharge Its Statutory Functions: Karnataka High Court Reiterates
4 days, 7 hours ago

Officer Posted 'In-Charge' Of A Post Can Discharge Its Statutory Functions: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has recently said that an officer posted as in-charge of a post can discharge the functions/duties of the said post, including statutory functions. Justice C M Poonacha held thus while dismissing a plea by Prakash Ramachandra Hegde, who had questioned the order of Assistant Registrar Co-Operative Societies, Kumta, who being the officiating/in-charge officer had on November …

Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function
5 days, 10 hours ago

Karnataka HC Sets Aside Order To Register Defamation Case Against Asst Commissioner For Shouting At Senior Lawyer, Calls It Quasi-Judicial Function

Live Law  

The Karnataka High Court has set aside an order of the Magistrate court directing the registration of a defamation case against the Assistant Commissioner of Kundapura who while discharging quasi-judicial function, allegedly acted erratically and became furious and shouted at a senior lawyer and a member of Kundapura Bar Association, appearing before him. Therefore, she could be treated as a …

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief
5 days, 10 hours ago

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief

Live Law  

The Kerala High Court quashed proceedings against a public servant for allegedly making "sarcastic comments" on a WhatsApp group concerning the Chief Minister's appeal to government officers to donate their one-month salary to a relief fund after the 2018 floods.The court found that the alleged comments were not intended to cause any injury to the benificiaries of the flood relief …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
6 days, 8 hours ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Complainant Was A 'Notorious Lady', In The Habit Of Filing Complaints: Ex-CM Yediyurappa To Karnataka HC In POCSO Case Filed Against Him
1 week, 6 days ago

Complainant Was A 'Notorious Lady', In The Habit Of Filing Complaints: Ex-CM Yediyurappa To Karnataka HC In POCSO Case Filed Against Him

Live Law  

Questioning the cognizance taken by the magistrate of a chargesheet filed against B S Yediyurappa and other accused in a POCSO Case, the former CM told the Karnataka High Court on Tuesday that the complainant was a "notorious lady" urging the court to look at her statements with a pinch of salt. The high court which is hearing Yediyurappa's petition …

Andhra Pradesh HC Grants Relief to Allu Arjun
2 weeks, 4 days ago

Andhra Pradesh HC Grants Relief to Allu Arjun

Deccan Chronicle  

It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. The Counsel for the petitioner would point out that the police had failed to apply due …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 weeks, 5 days ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
4 weeks, 1 day ago

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Live Law  

While quashing a complaint filed under Section 156 of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint. The judicial forum is not available for …

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

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

Live Law  

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

Karnataka HC quashes proceedings against two ED officials
1 month, 2 weeks ago

Karnataka HC quashes proceedings against two ED officials

New Indian Express  

BENGALURU: The High Court of Karnataka on Friday quashed proceedings initiated against Deputy Director Manoj Mittal and Assistant Director Murali Kannan of the Enforcement Directorate based on a police complaint filed by B Kallesh, Additional Director, Social Welfare Department, accusing them of forcing him to name CM Siddaramaiah and others in the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation scam. …

Karnataka HC Quashes Case Against ED Officers Accused Of Coercing Witness To Make Statements Against CM Siddaramaiah In Valmiki Corp Case
1 month, 2 weeks ago

Karnataka HC Quashes Case Against ED Officers Accused Of Coercing Witness To Make Statements Against CM Siddaramaiah In Valmiki Corp Case

Live Law  

The Karnataka High Court on Friday quashed the prosecution initiated against two Enforcement Directorate officers who are investigating Valmiki Corporation case and were alleged of coercing a witness to make statements against Chief Minister Siddaramaiah. During the hearing then the bench had orally observed “When officers perform duty if you go on registering FIR against them.nobody will perform their duty.” …

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal
2 months, 3 weeks ago

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed a defamation case against MLA Basanagouda R Patil Yatnal, filed by Minister Shivananda S Patil, owing to procedure not being followed under the Bharatiya Nyaya Suraksha Sanhita. Therefore, notice shall be issued to the accused and after hearing the accused, take cognizance and regulate its procedure thereafter,” said Justice M Nagaprasanna while …

SC takes cognisance of 'objectionable' comments of Karnataka HC judge against woman lawyer
3 months ago

SC takes cognisance of 'objectionable' comments of Karnataka HC judge against woman lawyer

New Indian Express  

NEW DELHI: The Supreme Court on Friday took suo motu cognisance against the Karnataka High Court Judge Justice V Srishananda for his controversial "Pakistan" and "undergarment" comments, and sought a detailed report from the state High Court's Registrar General in the issue within two weeks. Taking strong exception of the remarks made by Justice Srishananda during one of its judicial …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
3 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Madras High Court Weekly Round-Up: August 5 to August 11, 2024
4 months, 1 week ago

Madras High Court Weekly Round-Up: August 5 to August 11, 2024

Live Law  

Citations: 2024 LiveLaw 299 To 2024 LiveLaw 306 NOMINAL INDEX M Kathirvel v The Inspector General of Registration, 2024 LiveLaw 299 Kompress India Private Limited Versus Union of India, 2024 LiveLaw 300 NT Stalin Barathi v The District Collector, 2024 LiveLaw 301 P.Sibiga Dharshini v The District Collector and Another, 2024 LiveLaw 302 Suo Motu RC v Additional Superintendent of …

How Karnataka Council of Ministers made a case for not granting sanction for prosecution
4 months, 3 weeks ago

How Karnataka Council of Ministers made a case for not granting sanction for prosecution

The Hindu  

The resolution passed by the Karnataka’s Council of Ministers on Thursday — advising Governor Taawarchand Gehlot to withdraw the show-cause notice issued to Chief Minister Siddaramaiah asking him why sanction for prosecution against him should not be given in the alleged irregularities in the distribution of sites by the Mysuru Urban Development Authority — says that the Governor has failed …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
4 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
5 months, 1 week ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
5 months, 1 week ago

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias

Live Law  

The Karnataka High Court has by interim order stayed the operation of an Enquiry Committee constituted by the Indian Institute of Management-Bangalore, to probe allegations of financial impropriety in raising travel claim bills against one of its Associate Professors. It was claimed that the constitution of the Committee to look into Das' alleged financial impropriety is made only as a …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
5 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
5 months, 4 weeks ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Telangana HC rejects HPS plea on regularising contract staffer
6 months ago

Telangana HC rejects HPS plea on regularising contract staffer

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court rejected the plea of Hyderabad Public School that no writ is maintainable against the school even as counsel A.P. The panel of Justice Abhinand Kumar Shavili and Justice Laxminarayana Alishetty were dealing with a writ appeal filed by the Governing Council and the Principal of the school against an order of …

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'
6 months ago

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'

Live Law  

The Karnataka High Court on Friday granted interim relief to Bharatiya Janata Party National President J P Nadda and BJP IT Cell head Amit Malaviya, in connection with an FIR registered over an allegedly offensive animated video was posted on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. A single judge bench of Justice …

BJP moves Telangana HC over lower court adjourning its private complaint against CM Revanth Reddy
6 months, 4 weeks ago

BJP moves Telangana HC over lower court adjourning its private complaint against CM Revanth Reddy

The Hindu  

The Bharatiya Janata Party State unit moved a lunch motion in the Telangana High Court here on Thursday challenging the adjournment to July 6 of its private criminal complaint against Chief Minister A. Revanth Reddy accusing the latter of making provoking and defamatory remarks against it during an election campaign meeting at Khammam a few weeks ago. Represented by its …

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts
8 months, 2 weeks ago

Karnataka High Court admonishes State authorities for externment of persons in blatant and blissful ignorance of law and violation of directions of courts

The Hindu  

The High Court of Karnataka has admonished the authorities of the State government for consistently passing orders of externment of persons by “blatantly and blissfully ignoring” the provisions of the Karnataka Police Act, 1963, and in deliberate violation of the directions issued in a series judgements by the High Court and the Supreme Court. Making it clear that “Any repetition …

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice
9 months ago

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice

Live Law  

The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board, citing violation of principles of natural justice. Quashing the inquiry report, Justice Basant Balaji stated thus: “The entire proceedings shall be completed in accordance …

Supreme Court Issues Notice On TN Minister Periyasamy's Plea Against HC Order Setting Aside His Discharge In Corruption Case
9 months ago

Supreme Court Issues Notice On TN Minister Periyasamy's Plea Against HC Order Setting Aside His Discharge In Corruption Case

Live Law  

The Supreme Court issued notice on a petition filed by Tamil Nadu Rural Development Minister I Periyasamy challenging the Madras High Court's order setting aside his discharge in a corruption case. Though the Trial Court had discharged the Minister, the High Court's Single-Judge Bench of Justice Anand Venkatesh, through suo moto revision, had set aside the trial court order. Now, …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 3 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Madras High Court Sets Aside Discharge Of TN Minister I Periyasamy In Corruption Case
9 months, 3 weeks ago

Madras High Court Sets Aside Discharge Of TN Minister I Periyasamy In Corruption Case

Live Law  

The Madras High Court has set aside the discharge of Tamil Nadu Rural Development Minister I Periyasamy in a corruption case. On Monday, Justice Anand Venkatesh allowed the suo moto revision taken up against the discharge of the Minister and thus set aside the trial court order. Kumar also argued that while dismissing the first discharge petition, the trial court …

Keep off civil disputes, HC tells police inspector again
11 months, 3 weeks ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle  

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

CMRL Pay-Off Case: Kerala HC Suo Motu Impleads & Issues Notice To CM Pinarayi Vijayan,His Daughter & Others In Revision Petition Against Dismissal Of Complaint
1 year ago

CMRL Pay-Off Case: Kerala HC Suo Motu Impleads & Issues Notice To CM Pinarayi Vijayan,His Daughter & Others In Revision Petition Against Dismissal Of Complaint

Live Law  

The Kerala High Court today suo moto impleaded and issued notice to the respondents in a revision petition filed by Gireesh Babu that sought investigation into the alleged bribery carried out by high-ranking public officials of the State including the Chief Minister Pinarayi Vijayan, his daughter- Veena Thaikandiyil, and her company Exalogic Solutions Pvt. “Notice to the parties arrayed as …

Conduct of Chitradurga special court judge in Murugha Mutt seer’s case amounts to contempt, says High Court of Karnataka
1 year, 1 month ago

Conduct of Chitradurga special court judge in Murugha Mutt seer’s case amounts to contempt, says High Court of Karnataka

The Hindu  

The conduct of the judge of the special court for Protection of Children from Sexual Offences Act cases in Chitradurga district in issuing non-bailable warrant against Shivamurthy Murugha Sharanaru, seer of Murugarajendra Bruhan Mutt, “amounts to contempt of court for blatantly violating High Court’s orders”, observed the High Court of Karnataka on Tuesday. The High Court also questioned the conduct …

Kerala High Court Transfers Temporary Magistrate Facing Lawyers' Protest Over Direction To Arrest Advocate
1 year, 1 month ago

Kerala High Court Transfers Temporary Magistrate Facing Lawyers' Protest Over Direction To Arrest Advocate

Live Law  

The Judicial First Class Magistrate on temporary service, Tirur, Lenin Das, who was alleged to have verbally abused a junior lawyer and directed his arrest, has been transferred to Kannur to the post of Additional Munsiff. Bar associations had launched protests against the Magistrate following reports that the officer misbehaved with a young lawyer. The Magistrate was alleged to have …

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

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime
1 year, 1 month ago

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Live Law  

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 2 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 4 months ago

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Live Law  

The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 4 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

HC refuses to dismiss civil suit at pre-trial stage
1 year, 6 months ago

HC refuses to dismiss civil suit at pre-trial stage

Deccan Chronicle  

Hyderabad: Justice Surepalli Nanda of the Telangana High Court on Wednesday, observing a limitation in a civil suit in the mixed question of fact and law, said a suit cannot be dismissed at the pre-trial stage at the instance of the defendant, dismissing a revision petition filed by D.K. HC directs cops to stop harassing petitioners Justice C.V. Bhasker Reddy …

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court
1 year, 6 months ago

SHO Can Seek Magistrate's Permission U/S 155(2) CrPC To Investigate Non-Cognizable Offence: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that it is not necessary for only the complainant to approach the Magistrate court under Section 155 CrPC seeking permission to investigate a non-cognizable offence, and even a Police Officer to whom the complaint is presented can do so. Wherefore, it is not necessary for the informant alone to knock at the …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 6 months ago

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused

Live Law  

The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act against a man who dropped the minor victim at her home on the instructions of main accused. are juxtaposed to each other and read in tandem what can be unmistakably inferred is that the role of the petitioner nowhere figures before …

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
1 year, 6 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law  

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months 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 …

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC
1 year, 10 months ago

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC

Live Law  

The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law. A single judge bench of Justice Jyoti Mulimani made the observation while allowing a petition filed by …

HC halts criminal proceedings against Nizamabad Bar chief
1 year, 11 months ago

HC halts criminal proceedings against Nizamabad Bar chief

Deccan Chronicle  

Hyderabad: The division bench of the Telangana High Court, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji on Thursday halted proceedings in a criminal case filed against the president of the Nizamabad Bar Association, Yerran Ganapathi. The court also issued notices to the Chief Secretary of Telangana, Principal Secretary of the home department, DGP, Nizamabad collector, Nizamabad additional collector …

HC initiates suo motu action against GHMC zonal commissioner
1 year, 11 months ago

HC initiates suo motu action against GHMC zonal commissioner

Deccan Chronicle  

Hyderabad: Justice Lalitha Kanneganti of the Telangana High Court, voicing displeasure at the manner in which the Sherlingampally zonal commissioner of the GHMC was acting against court orders, issued suo motu contempt proceedings, while hearing a writ petition seeking permission for constructing a building. Initiating proceedings against the zonal commissioner, the court also directed the civic body to examine the …

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers
2 years ago

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers

Live Law  

The Kerala High Court on Friday dismissed the plea moved by an ex-councillor of Thiruvananthapuram Municipal Corporation for CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.Justice K. Babu dismissed the. The Kerala High …

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments
2 years ago

Karnataka High Court Refuses To Quash FIR Registered Against Kannada Actor Chetan Kumar For Allegedly 'Hurting' Hindu Sentiments

Live Law  

The Karnataka High Court has dismissed a petition filed by Kannada actor Chetan A. Kumar for quashing of an FIR lodged against him under Section 505 of the Indian Penal Code, on charges of allegedly making statements which promote enmity, hatred or ill-will between different sections of the Society.Justice M I Arun said whether the statements made by Kumar amount …

Offenders File Frivolous Petitions Against Police Officers To Escape From Clutches Of Law, Serious Action Warranted: Madras High Court
2 years ago

Offenders File Frivolous Petitions Against Police Officers To Escape From Clutches Of Law, Serious Action Warranted: Madras High Court

Live Law  

The Madras High Court recently imposed Rs. Justice SM Subramaniam observed that there is a recent trend of filing petitions against police officers without any substance and such practice should never be tolerated. Whenever the police officials initiate actions under law and by following the procedures, in order to escape from the clutches of law, these offenders are filing writ …

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