BNSS/CRPC
Deceased Victim's Legal Heirs Fall Under Ambit Of Section 2(wa) CrPC, Entitled To Continue Appeal Against Acquittal: Rajasthan High Court
Rajasthan High Court has held that legal representatives/heirs of the victim fall under the ambit of the term “victim” under Section 2(wa) CrPC, and thus have the right to continue prosecution against the accused in the event of the victim's death.The bench of Justice Anoop Kumar Dhand further observed that while many amendments were made in favour of the victim, giving them right to...
Janhavi Gadkar Drunk Driving Case | Not Inclined To Permit Sale Of Offending Audi Car: Bombay High Court
The Bombay High Court on Thursday (June 11) expressed that it was not prima facie inclined to allow Janhavi Gadkar, the corporate lawyer booked in the high-profile drunk driving case, to sell her Audi Q5 car, which had collided with a taxi on the Eastern Freeway and killed two persons in June 2015.Single-judge Justice Madhav Jamdar, said that permitting to sell the vehicle in question...
SC/ST Act | Cognizance, Charge-Framing Orders Are Appealable U/S 14A, Can't Be Challenged Directly U/S 482 CrPC: Rajasthan HC
The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act. The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an...
'Actuated By Malafide At Many Levels': Patna High Court Quashes S.319 CrPC Order Passed By ADJ Accused Of Seeking Money
The Patna High Court has quashed an order summoning a man to face trial under Section 319 CrPC in a murder case, holding that the proceedings appeared to be “actuated by malafide at many levels” and that the evidence relied upon by the Trial Court was “extremely insufficient” to justify invocation of powers under Section 319 CrPC. A Single Judge Bench of Justice Ansul was hearing...
Court Does Not Become 'Functus Officio' After Directing Probe Under S.156(3) CrPC, Must Call For Progress Reports: Rajasthan High Court
Rajasthan High Court held that once the direction for investigation was issued by the Criminal Court in terms of Section 156(3), CrPC, it does not become functus officio, but remained under an obligation to call for progress reports in case it found that the investigation was not completed within a reasonable time. The bench of Justice Rekha Borana observed that the Court had noticed many...
'Brazen Violation Of Article 21': MP Court Directs FIR Against 4 Cops For Allegedly Trespassing Complainant's Home, Assaulting Women & Minor
A Magistrate Court in Datia, Madhya Pradesh has directed registration of an FIR against four police officers for allegedly trespassing into a residence and assaulting family members–including a woman and a minor child, observing that their actions bore no rational or reasonable nexus with the discharge of official duties and were rather a brazen violation of law.The order was passed by...
Is 3rd Judge Hearing Criminal Appeal After Split Verdict Bound By Views Of Previous Bench? Supreme Court Refers To Larger Bench
The Court expressed reservations regarding a 1999 judgment which held that the 3rd judge can independently examine the matter.
Supreme Court Sets Aside MP HC Direction To Trial Courts To Examine Sanctioning Authority Before Framing Charges In Corruption Cases
The Court held that criminal courts cannot introduce a new stage in trial procedure by requiring sanctioning authorities to be examined before charges are framed.
AP High Court Quashes Atrocity FIR, Says Private Monetary Dispute Can't Be Camouflaged As Caste‑Based Offences In Absence Of Ingredients
The Andhra Pradesh High Court has quashed criminal proceedings against a man accused of caste-based abuse under the SC/ST Act and insulting a woman's modesty, holding that the allegations did not disclose the essential ingredients of the offences alleged. The Court noted that the complaint did not allege that the purported caste-based insults were made "within public view" as required under...
Person Accused Of Offences Not Mentioned Under Section 82(4) CrPC Not Deemed As Proclaimed Offender: Gujarat High Court
The Gujarat High Court has said that a person accused of only those offences enumerated under Section 82(4) can be declared a proclaimed offender noting that the nature of the offences was serious also carrying the safeguard of an inquiry as provided under the provision. It further said that a person accused of offences other than the ones under section 82(4) and against whom a proclamation...
