Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
3 years, 10 months ago

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi

Live Law  

The Karnataka High Court has directed a Magistrate to consider afresh the criminal complaints against Union Minister Anant Kumar Hegde and BJP MLA CT Ravi over the statements made by them in the context of Tipu Jayanti celebrations in 2017. Secondly the court observed that "The sole ground on which the Trial Court has dismissed the complaint is that the previous sanction of the Central Government or State Government, as the case may be, is necessary to take cognizance of the offences under sections 153-A, 295-A, 153-B and 505 of IPC, in view of the mandate contained in section 196 and of Cr.P.C. Further, the court said that "A reading of the impugned order clearly indicates that the learned Magistrate has not applied his mind to the facts and circumstances of the case and merely by referring to the provisions of law quoted in the complaint, has proceeded to hold that, in view of bar contained under section 196 and of Cr.P.C, the previous sanction of the Government is necessary for referring the complaint for investigation." It also went on to say that "A reading of the impugned order clearly indicates that the learned Magistrate has not applied his mind to the facts and circumstances of the case and merely by referring to the provisions of law quoted in the complaint, has proceeded to hold that, in view of bar contained under section 196 and of Cr.P.C.,the previous sanction of the Government is necessary for referring the complaint for investigation." It concluded by saying "As the learned Magistrate has failed to apply his mind to the facts of the case and has passed the impugned order by misconstruing the scope of section 196 and of the Code, the matter is remitted 19 to the jurisdictional Court to consider the complaint afresh in accordance with law."

Investigation Court Sanction Order Case Ipc Bjp Complaint Kumar Code His Mind Magistrate Offences Hegde Tipu Kumar Hegde John Michael Cunha Tipu Jayanthi  court  sanction  directs  order  high  1961  magistrate  crpc  investigation  ravi  complaint  karnataka  jayanti  offences  1563  tweets  kumar  case  tipu  hegde

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
1 hour, 37 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 …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
1 week 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 …

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court
1 week, 1 day ago

Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that …

HC gives relief to the Speaker in 2019 case
1 week, 1 day ago

HC gives relief to the Speaker in 2019 case

Deccan Chronicle  

Hyderabad:In a relief to Telangana Assembly Speaker Gaddam Prasad Kumar, the Telangana High Court quashed the proceedings filed against him for the crime registered during the 2019 Lok Sabha elections. G. Prasad Kumar, who served as an MLA until 2018, along with Konda Vishwesheshwar Reddy, T. Ram Mohan Reddy, former MLA Pargi, Pilot Rohit Reddy, MLA Tandur, A. Sudhakar Reddy, …

BJP petitions Governor seeking security for Ravi and judicial probe into police handling of case
2 weeks ago

BJP petitions Governor seeking security for Ravi and judicial probe into police handling of case

The Hindu  

The BJP on Tuesday petitioned Governor Thaawarchand Gehlot seeking “protection” to its MLC C.T. Ravi as well as a judicial probe into the developments that unfolded involving the police after the MLC was accused of hurling obscene remarks at Women aand Child Development Minister Laxmi Hebbalkar in the Legislative Council. Referring to the police maintaining that Mr. Ravi was taken …

Karnataka HC issues notice to Governor
1 month ago

Karnataka HC issues notice to Governor

New Indian Express  

BENGALURU: The High Court of Karnataka on Thursday issued notices to Governor Thaawarchand Gehlot and others on an appeal by CM Siddaramaiah, questioning the September 24 order of a single judge upholding the consent given by the governor to conduct an investigation against him and others in the MUDA case. The court also issued notices to the governor and others …

Andhra Pradesh HC Grants Relief to Allu Arjun
1 month 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 …

Gujarat High Court Asks Police To Probe Rape FIR Against BJP MLA Without 'Fear And Favour'
1 month ago

Gujarat High Court Asks Police To Probe Rape FIR Against BJP MLA Without 'Fear And Favour'

Live Law  

The State Police has informed the Gujarat High Court that it has registered an FIR against BJP MLA from Prantij- Gajendrasinh Udesinh Parmar, after a woman moved a plea seeking lodging of an FIR on the allegations of rape. The court however said that it hopes and expects that the Investigating Agency shall probe the alleged offences "without any fear …

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 1 week 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 …

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 …

BJP leaders move Karnataka HC seeking court-monitored CBI probe into Valmiki Development Corporation scam
1 month, 2 weeks ago

BJP leaders move Karnataka HC seeking court-monitored CBI probe into Valmiki Development Corporation scam

New Indian Express  

BENGALURU: The Karnataka High Court on Friday sought details of the probe that has been done so far by the Central Bureau of Investigation in connection with the crime registered by the Union Bank of India against its officials and others concerning the Karnataka Maharshi Valmiki Scheduled Tribe Development Corporation scam. Justice M Nagaprasanna passed the order while issuing notice …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
1 month, 3 weeks 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 …

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court
1 month, 3 weeks ago

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

Live Law  

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders. The Court was hearing a contempt petition alleging violation of the Apex Court guidelines in D K Basu v State …

Karnataka HC Quashes Case Against ED Officers Accused Of Coercing Witness To Make Statements Against CM Siddaramaiah In Valmiki Corp Case
2 months 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.” …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

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

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court
5 months, 1 week ago

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

The Hindu  

In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
5 months, 1 week 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 …

Karnataka High Court notice to State govt on Union Bank of India’s plea for transfer of Maharshi Valmiki Corporation’s multi-crore scam probe to CBI
5 months, 2 weeks ago

Karnataka High Court notice to State govt on Union Bank of India’s plea for transfer of Maharshi Valmiki Corporation’s multi-crore scam probe to CBI

The Hindu  

The High Court of Karnataka on Tuesday ordered the issue of notice to the State government on a petition filed by the Union Bank of India seeking a direction to transfer to the Central Bureau of Investigation the investigation being carried out by the State police into the multi-crore financial scam at the Maharshi Valmiki Scheduled Tribes Welfare Development Corporation. …

Karnataka High Court Issues Notice On Union Bank Of India's Plea To Transfer Valmiki Development Corporation Probe To CBI
5 months, 2 weeks ago

Karnataka High Court Issues Notice On Union Bank Of India's Plea To Transfer Valmiki Development Corporation Probe To CBI

Live Law  

The Karnataka High Court on Tuesday issued notice to the State Government and other respondents on a petition filed by Union Bank of India seeking a direction to the government to transfer the probe being carried out in the alleged scam in regards to the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd to the Central Bureau of Investigation. Further, …

Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
5 months, 3 weeks 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 …

Once Complainant's Statement Is Recorded U/S 200 CrPC, Magistrate Can't Pass Directions To Register FIR U/S 156(3): J&K High Court
6 months, 2 weeks ago

Once Complainant's Statement Is Recorded U/S 200 CrPC, Magistrate Can't Pass Directions To Register FIR U/S 156(3): J&K High Court

Live Law  

Reinforcing the distinction between a magistrate's powers under Cr.P.C. Sections 156 and 200 when handling complaints, the Jammu and Kashmir and Ladakh High Court has ruled that recording a complainant's statement under Section 200 prohibits issuing an FIR order under Section 156. Kumar, represented by Mr. Kousal Parihar, challenged the CJM's order and the subsequent FIR, arguing that once the …

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'
6 months, 2 weeks 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 …

Telangana HC tells police to follow procedures against ex-digital media chief
7 months ago

Telangana HC tells police to follow procedures against ex-digital media chief

Deccan Chronicle  

Hyderabad: The Telangana High Court was not inclined to give any immediate interim relief to Kontham Dileep Reddy, former TS digital media wing head, in the case registered against him on charges of circulating false logos and abbreviations of TSRTC. However, the court directed the police to follow the due procedures of law in the investigation and directed the petitioner …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
8 months, 3 weeks ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Posting Allegedly Objectionable Tweets, Violating Model Code Of Conduct
9 months, 2 weeks ago

Karnataka High Court Stays Investigation Against BJP MP Tejasvi Surya For Posting Allegedly Objectionable Tweets, Violating Model Code Of Conduct

Live Law  

The Karnataka High Court on Friday stayed further investigation in an FIR registered against MP Tejasvi Surya under Sections 153A, 295A of the Indian Penal Code and Section 123 of the Representation of People Act, for allegedly posting objectionable tweets. Following this, it is stated that a group of activists by the name of Campaign Against Hate Speech lodged a …

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
9 months, 4 weeks 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 …

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court
11 months, 3 weeks ago

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court

Live Law  

In pleas relating to fake encounter killings allegedly carried out by the Gujarat Police during 2002-2007, the Supreme Court today was informed by petitioners that the Report of Justice HS Bedi-led Monitoring Committee has found foul play in 3 cases out of a total of 17, and as such, the police officers identified in the Report must be prosecuted.After a …

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court
11 months, 4 weeks ago

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court

Live Law  

The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. The petitioner, a native of Uttar Pradesh has approached the Court seeking a direction to prevent the registration of further FIRs against him on similar facts. On …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 1 month ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud
1 year, 1 month ago

TS HC Dismisses Petition Alleging Suppression of FIR Information by Srinivas Goud

Deccan Chronicle  

HYDERABAD: A division bench of Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Friday dismissed a writ petition filed by Chaluvagali Raghavendra Raju, complainant before the returning officer of Mahbubnagar, claiming that minister V. Srinivas Goud had suppressed information pertaining to an FIR registered against him in his election affidavid. A case was registered …

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 2 months ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 3 months ago

Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination

Live Law  

The Calcutta High Court has refused to quash criminal proceedings against a Branch Manager of Standard Chartered bank who had been accused u/s 506 and 509 of the IPC for allegedly threatening an employee who had approached the Labour forum against illegal termination of service. Complainant submitted that the petitioner had threatened her to withdraw her case before the labour …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

​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 …

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 …

HC sought consolidated counter on investigation done in TSPSC paper leak
1 year, 6 months ago

HC sought consolidated counter on investigation done in TSPSC paper leak

Deccan Chronicle  

HYDERABAD: The Telangana High Court on Friday directed Advocate-General B.S. Prasad to provide details of the probe special investigation team probe into the leakage of question papers of recruitment exams, so that it could assess the progress in the case and determine if there were lacunae which would necessitate a probe by an independent agency like the CBI. Justice C.V. …

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, 7 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, …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 7 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Andhra Pradesh High Court Notifies Arrangement For Hearing Of Cases During Summer Vacation From May 15 To June 12
1 year, 7 months ago

Andhra Pradesh High Court Notifies Arrangement For Hearing Of Cases During Summer Vacation From May 15 To June 12

Live Law  

The Andhra Pradesh High Court has notified the arrangement of hearing urgent and specific matters during summer vacations from May 15 to June 12. The arrangement is in the following terms: Division bench of Justice B.S Bhanumathi and Justice A.V. Ravindra Babu, and single bench of Justice Gannamaneni Ramakrishna Prasad: May 18 Division Bench Justice B.Krishna Mohan and Justice A.V …

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, …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
1 year, 10 months ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
1 year, 11 months ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

'Let There Be Investigation' : SC Dismisses BJP Leader Shahnawaz Hussain's Plea Challenging Direction To Register FIR In Rape Case
1 year, 11 months ago

'Let There Be Investigation' : SC Dismisses BJP Leader Shahnawaz Hussain's Plea Challenging Direction To Register FIR In Rape Case

Live Law  

The Supreme Court on Monday dismissed an SLP filed by BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case. Pointing towards the complaint filed by the complainant, Mr. Luthra submitted, "It says Complainant has gone to the police many times. It has been fully investigated.” The Bench then inquired, "Did the police inform the complainant that …

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, 1 month 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 …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

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The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

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