Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case
3 months ago

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case

Live Law  

Former Chief Minister B S Yediyurappa told the Karnataka High Court on Thursday that statements of witnesses collected during investigation which forms part of the police report can be looked into by the high court to decide a plea for quashing an offence. He said that the statements recorded under Sec 161 and 164 CrPC would form part of the police report. He added that “In order to seeks benefit of discharge or prosecution seeking order of framing charges, magistrate has to advert to police report.” Following which he submitted “If Magistrate/sessions court is entitled to look into it can we contend that this honourable court cannot look into the police report which includes statements of witnesses recorded under Sec 161, while deciding a quashing petition filed under Section 482 of CrPC.” The court had on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against Yediyurappa solely on the statements of witnesses recorded under Section 161 CrpC which have given a contrary view to that of the victim about the alleged incident. Nagesh said, “A combined reading of provisions of Section 2 and 173 CrPC and the law laid down by the Apex court, would indicate that statements of witnesses and those statements be it recorded under sec 161 or 164 would become part of the record and opinion by IO.

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History of this topic

Court takes fresh cognisance of charge sheet against BSY
3 weeks, 3 days ago

Court takes fresh cognisance of charge sheet against BSY

Hindustan Times  

A special court in Bengaluru has once again taken cognisance of the charge sheet filed by the Karnataka Criminal Investigation Department against former chief minister BS Yediyurappa in a case under the Protection of Children from Sexual Offences Act and issued fresh summons to the 82-year-old BJP veteran and three other people, directing them to appear on March 15, according …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 2 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.
2 months ago

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.

The Hindu  

The Madras High Court has directed the Home Secretary and Director General of Police to explain the enormous delay of nearly 10 years by the Tamil Nadu police in completing investigations, even in murder cases. On finding that almost all the criminal cases, including one for the charge of murder, against the detainee were still under investigation, despite them having …

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

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

Live Law  

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

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
3 months, 1 week ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that of the …

2016 Yogesh Goudar Murder Case: Karnataka HC Quashes Order Allowing Accused To Record Statement And Pardoning Him Long After Trial Began
3 months, 2 weeks ago

2016 Yogesh Goudar Murder Case: Karnataka HC Quashes Order Allowing Accused To Record Statement And Pardoning Him Long After Trial Began

Live Law  

The Karnataka High Court quashed an order of a special court which had directed a magisterial court to record an accused's statement under Section 164 CrPC in a murder case, pursuant to which he was granted pardon and made an approver, noting that such an order was on the face of it illegal and against the law. The petitioners challenging …

Hema Committee report: Preliminary inquiry in cases to be completed by December-end, Kerala govt tells HC
Trending News
4 months, 2 weeks ago

Hema Committee report: Preliminary inquiry in cases to be completed by December-end, Kerala govt tells HC

The Hindu  

The Kerala government on Thursday informed a Special Division Bench of the Kerala High Court that the preliminary inquiry being conducted under the close supervision of senior police officers into the cases arising out of the Hema Committee report would be completed before December-end. The submission was made in a progress report filed by the State government in response to …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 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, …

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister
9 months, 1 week ago

Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister

Hindustan Times  

Karnataka Home Minister G Parameshwara on Thursday said the Criminal Investigation Department, probing the Protection of Children from Sexual Offences Act case against former Chief Minister B S Yediyurappa, has issued notice asking him to appear before it for questioning, and he may be arrested if necessary. Yediyurappa may be arrested in POCSO case, if necessary, says Karnataka Minister "Notice …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
2 years, 1 month ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years, 3 months ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

Live Law  

Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

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 …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 10 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Trial Court Closes Proceedings Against Karnataka BJP Chief Naleen Kumar Kateel For Allegedly Intimidating Police Officer
3 years, 2 months ago

Trial Court Closes Proceedings Against Karnataka BJP Chief Naleen Kumar Kateel For Allegedly Intimidating Police Officer

Live Law  

The Karnataka High Court was informed by BJP Member of Parliament, Naleen Kumar Kateel, that the trial court has accepted the B-report and closed the proceedings initiated against him for allegedly intimidating a police inspector Maruthi Nayak, in the year 2017. Advocate H Pavana Chandra Shetty appearing for the petitioner who had sought quashing of the FIR registered against him …

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow
3 years, 5 months ago

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow

Live Law  

The Karnataka High Court recently issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code. Sometimes, a witness may give evidence as regards the collective overt act of two or more accused and in that event, a single question may be framed, but each accused …

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC
4 years, 5 months ago

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC

Live Law  

The Supreme Court on Thursday set aside the Allahabad High Court order which had allowed former Union Minister and BJP leader Chinmayand to seek a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. A Bench headed by Justice UU Lalit dictated the Order and stated that the appeal filed by …

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]
5 years, 4 months ago

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]

Live Law  

The Supreme Court on Friday issued notices on a Special Leave Petition filed by the Shahjahanpur law student, who had leveled allegations of sexual harassment and rape against former Union Minister and BJP leader Chinmayanand. The petition challenged the order of the Allahabad High Court dated November 7, whereby it allowed Chinmayanand's application seeking a certified copy of the statement …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 4 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The …

‘Police will follow court directive in intern case’
11 years, 3 months ago

‘Police will follow court directive in intern case’

The Hindu  

The Delhi Police on Friday said they would proceed in accordance with the directions of the Supreme Court in connection with allegations made by a former law intern against a retired judge. The New Delhi Police opened a preliminary enquiry into the charges made by the victim on her blog of November 6 after a former Dean of Law Faculty …

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