3 years, 11 months ago

SC Grants Final Opportunity To Madhya Pradesh DGP To Arrest MLA's Husband Accused Of Murder; Warns Of Coercive Steps On Failure

Live Law

The bench of Justices D. Y. Chandrachud and M. R. Shah noted that an affidavit has been filed by the Director General of Police, Madhya Pradesh stating that despite the efforts which have been made in pursuance of the previous order dated 12 March 2021, the police have not been able to apprehend and arrest the accused. It defies reason as to how an accused who is the spouse of a sitting Member of the Legislative Assembly has not been arrested despite being arraigned in pursuance of the provisions of Section 319 of the Code of Criminal Procedure 1973 to face trial for an offence under Section 302 of the Indian Penal Code 1860", observed the bench. Accordingly, the court issued a direction to the Director General of Police to take necessary steps to ensure that the previous order of this Court is complied with before April 5, being the next date of listing, failing which the Court will be constrained to take coercive steps in accordance with law. Further, the Court was informed that earlier, the accused was even given security by the police though it was stated by Counsel for the State that it is now withdrawn.

Court warns affidavit sc opportunity general pradesh director husband court murder mlas accused pursuance state steps bench madhya grants previous

History of this topic

2 weeks, 5 days ago

Ensure That All Inculpatory & Exculpatory Material Collected In Probe Is Given To Accused Before Trial Begins: Madhya Pradesh HC To State

Live Law

While disposing of Public Interest Litigation petition, the Madhya Pradesh High Court has directed the State to ensure case diary and charge sheet filed under Section 193 of Bhartiya Nagarik Suraksha Sanhita contains all the evidence which is both inculpatory as well as exculpatory in nature. While referring to the decision of Supreme Court in In Re: To Issue Certain …

1 month ago

Delhi court refuses cognisance of chargesheet against ex-AAP MLA Rituraj Jha

The Hindu

A Delhi court has refused to take cognisance of a chargesheet against former AAP MLA Rituraj Govind Jha and others in a case of allegedly defying police order during a protest in March 2024. Since no offence has been made out from the police report, this court declines to take cognisance of the offence,” the judge said in the order …

1 month, 3 weeks ago

SC summons MP secretary over poor quality, delayed appeals

Hindustan Times

The Supreme Court has summoned the law secretary of Madhya Pradesh, expressing concern over the persistent delays and questionable merit of appeals filed by the state government before the top court. “We admire the courage with which the State of Madhya Pradesh has been filing special leave petitions in this Court over a period of time with delay of 300/400 …

2 months, 2 weeks ago

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy

Live Law

On Friday, the Allahabad High Court stayed the entire criminal proceedings in a 34-year-old case against a man accused of rioting, taking into account the inordinate delay caused by the State/prosecution in concluding the case. A bench of Justice Saurabh Lavania also directed the Uttar Pradesh government's Director General and Additional Chief Secretary to file their personal affidavits regarding the …

2 months, 2 weeks ago

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

Live Law

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the …

4 months ago

Police Issued Notice To Appear To Accused After Rejection Of Anticipatory Bail, Seem To Be Running A "Parallel Court": Madhya Pradesh HC

Live Law

The Indore Bench of Madhya Pradesh High Court pulled up the police authorities for wilfully delaying appropriate action against an accused, noting that despite rejection of his anticipatory bail plea by the high court and his subsequent plea by Supreme Court, a section 41A CrPC notice was issued to him indicating that the police is running a "parallel court". Justice …

4 months, 3 weeks ago

Police Told to Respect Petitioner's Privacy in Janwada House Case

The Hindu

Justice B. Vijaysen Reddy of Telangana High Court has issued an interim direction to the Mokila police of Cyberabad not to take any coercive steps against P. Rajendra Prasad, brother-in-law of K.T. Rama Rao, in a case related to the alleged possession of drugs. The court heard a writ petition filed by Mr. Prasad seeking different reliefs, including not to …

1 year ago

SC dismisses West Bengal’s challenge to Calcutta HC’s transfer of probe into the attack on ED’s team at Sandeshkhali to CBI

The Hindu

The Supreme Court on March 11 rejected a petition filed by the State of West Bengal challenging a Calcutta High Court order transferring to the Central Bureau of Investigation the probe into an attack on a team of Directorate of Enforcement officers at Sandeshkhali on January 5. Gavai and Sandeep Mehta, however, ordered expunging certain remarks and observations made against …

1 year ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

1 year, 4 months ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

2 years, 9 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

2 years, 10 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

3 years ago

Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases: Supreme Court Dismisses Review Petition

Live Law

The Supreme Court dismissed a review petition filed by State of Madhya Pradesh against its judgment holding that magistrates would not be competent to extend the time to complete investigations in UAPA cases.The grounds taken in the Review Petition do not make out any error apparent on record to justify interference, the bench comprising Justices Uday Umesh Lalit, S. Ravindra …

3 years ago

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Live Law

The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case. The Applicant submitted that the Prosecutrix in her statement under Section 164 CrPC had clearly mentioned that she has studied up to 10th standard. The Court observed …

3 years, 11 months ago

Arrest BSP MLA's Husband Wanted in Murder Case or Face Coercive Action: SC to MP Top Cop

News 18

Stating that an effort is being made to “shield the accused”, the Supreme Court has directed the Madhya Pradesh police chief to ensure the arrest of a BSP MLA’s husband, who is wanted in a two-year-old murder case of Congress leader Devendra Chourasia, before April 5 and warned him of coercive action. The top court said that the DGP’s affidavit, …

4 years, 2 months ago

'This Matter Has To Get Precedence' Madras HC Orders For A Comprehensive Roadmap For Clearing Pending Criminal Cases Against MPs And MLAs

Live Law

A division bench of Madras High Court comprising of Chief Justice Sanjib Banerjee and Justice senthilkumar Ramamoorthy on Tuesday observed that a comprehensive road map must be made considering the "litigative resourcefulness" of the legislators against whom cases are pending in the trial courts and High Court to ensure that the cases are disposed of at the earliest. The bench …

4 years, 4 months ago

'Incorrigible': SC Rebukes MP Govt's Legal Department, Asks Chief Secretary to Revamp

News 18

Calling the Madhya Pradesh government’s legal department as “incompetent” and “incorrigible”, the Supreme Court has asked the chief secretary of the state to revamp the unit so that cases can be filed without massive delays. A bench, headed by Justice Sanjay K Kaul, reproached the state government for not mending its ways despite several reminders and orders, adding that the …

4 years, 6 months ago

[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]

Live Law

The Orissa High Court on Wednesday heard the suo motu writ petition which was listed pursuant to order dated 16.09.2020 passed by the Supreme Court in Writ Petition No.699 of 2016 regarding Special Courts for MPs/MLAs. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts to formulate an action plan to …

4 years, 7 months ago

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]

Live Law

The Supreme Court on Friday rapped a local Court in Madhya Pradesh for its failure to complete trial in a rape case, despite explicit orders to do so within six months. The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna rejected the explanation rendered by the Trial Court with regard to hearing of only urgent cases amid the …

6 years, 1 month ago

Breaking : SC Holds Nageswara Rao Guilty Of Contempt; Sentences Till Rising Of Court & Rs. 1 Lakh Fine

Live Law

The Supreme Court bench headed by CJI Ranjan Gogoi today held CBI Additional Director M Nageswara Rao guilty of contempt of court for transferring the investigating officer heading the probe in Muzaffarpur shelter home case in violation of the orders of the Court.The Court sentenced him till the rising of the Court and imposed a fine of Rs. The Supreme …

6 years, 3 months ago

Breaking: SC Orders CBI investigation In 16 Bihar Shelter Home Sexual Abuse Cases [Read Order]

Live Law

In pursuance of its earlier observation that the Bihar local police “is not doing its job as expected”, the Supreme Court bench headed by Justice Madan B. Lokur on Wednesday transferred to the CBI the investigation into the allegations of sexual abuse of the residents of 16 children’s homes in the state.The 16 child care institutions have been identified as …

6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law

7 years, 7 months ago

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]

Live Law

The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.The court rejected an appeal of an aspirant.The appellant challenged the single judge bench order in the appeal taking …

8 years, 2 months ago

SC Sets Aside Madhya Pradesh HC Inquiry Against BJP MP Kailash Vijayvargiya For Submitting False Affidavits [Read Judgment]

Live Law

The matter has been remanded back to the high court for fresh considerationThe Supreme Court has set aside an order of Madhya Pradesh High Court that initiated an inquiry against BJP MP Kailash Vijayvargiya into allegations that he had submitted false affidavits to the court. The apex court remanded the matter back to the high court for fresh consideration.Madhya Pradesh …

8 years, 2 months ago

SC Sets Aside Madhya Pradesh HC Inquiry Against BJP MP Kailash Vijayvargiya For Submitting False Affidavits [Read Judgment]

Live Law

8 years, 2 months ago

UP Chief Secy, DGP In Trouble For Not Arresting ‘Contemnor’ Despite SC Order [Read Order]

Live Law

“The person who was to be arrested is present in-person,” the bench said.The Chief Secretary and Director General of Police of Uttar Pradesh have courted trouble for not executing a non-bailable warrant of arrest issued against a person who violated the orders of the Supreme Court.In November, the court had directed tenants to hand over to the landlord vacant possession …

8 years, 2 months ago

UP Chief Secy, DGP In Trouble For Not Arresting ‘Contemnor’ Despite SC Order [Read Order]

Live Law

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 …

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

9 years, 10 months ago

#Defamation Case filed by police officer : SC dismisses plea by Rajdeep Sardesai & 7 other journalists [Read the Judgment]

Live Law

The Supreme Court has dismissed a criminal appeal filed by a senior journalist Rajdeep Sardesai challenging the summons issued to him by the Additional Metropolitan Sessions Judge, Nampally in a case filed under Sections 499 and 500 read with 120B of the IPC for allegedly making false implication against a senior officer of Hyderabad police in connection. The Supreme Court …

11 years, 11 months ago

Police reforms: SC asks CS of states to file response

Firstpost

The Supreme Court today directed the Chief Secretaries of Rajasthan, Haryana, Uttar Pradesh, Andhra Pradesh, Maharashtra and Goa to file their affidavits on compliance of its directions on police reforms and constituting State Security Commission. New Delhi: The Supreme Court today directed the Chief Secretaries of Rajasthan, Haryana, Uttar Pradesh, Andhra Pradesh, Maharashtra and Goa to file their affidavits on …

13 years ago

SC reserves order on shifting of Aarushi murder trial

The Hindu

The Supreme Court on Monday reserved its verdict on dentist couple Rajesh and Nupur Talwar’s plea for shifting the trial against them in the case of the murder of their daughter Aarushi from Ghaziabad to Delhi. The CBI, however, has opposed the plea, saying that there has been attempt on the part of the couple to delayy the trial and …

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5 hours, 14 minutes ago