Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC
2 years, 10 months ago

Principle Of Locus Standi Alien To Criminal Law, Magistrate Can't Return Complaint Merely Because It Was Filed By Complainant's Wife: Kerala HC

Live Law  

The Kerala High Court recently ruled that a Magistrate cannot return a complaint merely on the ground that it was filed by the wife of the complainant. Justice K. Haripal also emphasised that criminal law can be set in motion by anyone and that principle of locus standi does not apply in criminal jurisprudence. The Court found the act of the Magistrate returning the complaint 'astonishing' and declared that such act was illegal, unsustainable and liable to be quashed More importantly, the Judge observed that a note could be seen positioned on the last page of the complaint put up by the ministerial staff and that was disturbing. Accordingly, the impugned order of the Magistrate was quashed and the Magistrate was directed to entertain the complaint and pass orders in accordance with law within seven days.

Criminal Law Court Complaint Her Husband Petition Locus Standi Law Magistrate  merely  criminal  petitioner  petition  complaint  husband  staff  return  law  magistrate  hc  standi  wife  court  kerala  principle  locus

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
17 hours, 47 minutes ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
1 month, 2 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month, 2 weeks ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 4 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
6 months, 1 week ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
6 months, 2 weeks ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Kerala High Court Dismisses Habeas Corpus Plea
1 year ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

"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 …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 6 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 3 months ago

Supreme Court Allows Kerala Govt To Withdraw Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday allowed the State of Kerala to withdraw the petition filed by it seeking to restore the UAPA charges against alleged Maoist leader Roopesh. The State had approached the Supreme Court challenging the order of the Kerala High Court discharging alleged Roopesh of charges under Unlawful Activities Act and sedition under Section 124A of the Indian …

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 4 months ago

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala 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 on the ground of irregularities in the order granting sanction for prosecution. The High Court bench …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 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 …

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court
2 years, 5 months ago

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court

Live Law  

Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR for the offence of committing rape repeatedly on the same woman ), the Supreme Court on Thursday granted pre-arrest bail to the man …

S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court
2 years, 6 months ago

S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court

Live Law  

The Kerala High Court recently ruled that a Magistrate Court is bound to apply its mind while exercising the powers conferred to it under Section 156 of the Code of Criminal Procedure.Justice Kauser Edappagath stated that while taking cognizance of offences or ordering an investigation into any cognizable case, courts should not merely forward all complaints they receive like a. …

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court
3 years, 4 months ago

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that a victim of a sexual offence cannot have any locus standi to approach the Court for quashing of FIR registered for the sexual assault which she had faced. The Bench of Justice Anoop Chitkara was hearing a petition of a rape victim, wherein she sought quashing of FIR registered at her instance …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 5 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Dowry-Matrimonial Homes Become Most Dangerous Place To Live For Women: Kerala High Court
3 years, 5 months ago

Dowry-Matrimonial Homes Become Most Dangerous Place To Live For Women: Kerala High Court

Live Law  

The Kerala High Court on Wednesday refused to grant anticipatory bail to a doctor and his family for allegedly harassing his wife and even her aged father, over dowry.Justice V Shircy while dismissing the pre-arrest bail plea noted that the defacto complainant has produced medical records to substantiate her contentions. The Kerala High Court on Wednesday refused to grant anticipatory …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 8 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 1 month ago

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case

Firstpost  

Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor’s testimony without any justification, despite repeated requests by the prosecutor. The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court’s dismissal of pleas to transfer the trial in …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 2 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

Discover Related