P&H High Court Uses Suo Motu Revisional Power In Pre-Arrest Bail Plea, Says Custodial Interrogation Can't Be Used To Extract Information After Recovery

The Punjab and Haryana High Court has granted anticipatory bail to a man booked under the Punjab Excise Act, holding that custodial interrogation cannot be justified merely to extract further information once recovery has already been effected and the accused has cooperated with the investigation.Justice Sanjay Vashisth said, "Once the recovery stood effected, the plea for custodial...

Kerala High Court Rejects Jolly Joseph's Plea Against Order Allowing Examination Of Expert Who Gave Opinion On Allegedly Forged Will

The Kerala High Court on Thursday (June 4) upheld a trial court order which had allowed State's application to examine an expert witness who had given opinion regarding certain documents, including a Will, which was allegedly forged by the Jolly Joseph accused of murdering her family. The trial court had while allowing the prosecution's plea had issued summons to the witness. Against this...

J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority

The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...

'Allegations Are Unpardonable': Karnataka High Court Refuses To Quash POCSO FIR Against Teacher Accused Of Sexually Assaulting Student

The Karnataka High Court on Thursday [June 4] declined to quash a POCSO case against a school headmaster accused of sexually assaulting a 15-year-old student, observing that the allegations levelled against him are 'unpardonable'.The single judge bench of Justice M. Nagaprasanna, hearing the quashing plea moved by the accused and asked him to seek discharge before the trial court. “…You...

Centre's Consent For Remission Necessary Only When Sentence For Offence Under Central Act Is Continuing: Madras High Court

The Madras High Court recently observed that the consent of the Central Government would be required in cases of remission only when the period of sentencing under the Central Act is still pending. The bench of Justice Anita Sumanth and Justice Sunder Mohan thus held that when the period of sentence under the Central Act has been served by a convict, the approval from the Central...

O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

Rajasthan High Court has said that an armed forces personnel–posted as a Soldier, Sailor or Airman, must be served summons for service of a case through their commanding officer as provided under General Rules (Civil & Criminal) 2018. The court was considering the question 'Whether the service of summons upon a person, who is posted as Soldier, Sailor or Airman in the Armed Forces can...

Bihar Court Sentences 85-Year-Old Man To 3 Yrs In Jail In 1992 Attempt To Murder Case; Granted Provisional Bail

A Court in Bihar's Vaishali district on Tuesday convicted an 85-year-old man in connection with a 1992 attempt to murder case. Additional District and Sessions Judge Manoj Kumar Tiwari found the octogenarian, Deep Rai, guilty under Sections 147 (rioting), 148 (rioting armed with a deadly weapon) and 307 (attempt to murder) IPC, along with Section 27 of the Arms Act. Rai...

“Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order

The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it.The Court held that the detention order referring to...

'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum

The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance". The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty...

Habeas Corpus Plea Not Maintainable Against Arrest & Remand Order Once Cognizance Taken; Accused Must Seek Regular Bail: Allahabad HC

In a significant verdict passed last week, the Allahabad High Court has held that once a competent Court takes cognizance on the charge sheet, an accused cannot maintain a habeas corpus petition challenging the legality of his arrest or the initial remand order passed under Section 167(2) CrPC/187(2) BNSS. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi reasoned that...

Conviction Can't Be Based On Evidence Recorded Prior To Summoning Accused U/S 319 CrPC: Allahabad High Court

The Allahabad High Court recently held that evidence recorded in the absence of an accused person, which is relied upon to summon him under Section 319 CrPC, cannot later form the basis of his conviction.A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed thus while acquitting a murder accused in connection with a 2008 case.The trial court had convicted the...

Adarsh Cooperative Society 'Scam': Rajasthan High Court Revokes Default Bail Granted To Co-Accused On Ground Of Incomplete Charge Sheet

Rajasthan High Court cancelled the default bail granted under Section 167 (2) CrPC, to one of the co-accused, Rajeev Kumar Rana, under IPC, Prize Chits and Money Circulation Scheme (Banning) Act, and IT Act (2000), in an alleged Rs. 9238 Crores Loan scam case. The accused has been asked to surrender within 4 weeks. The State moved the high court seeking cancellation of bail granted by the...