BNSS/CRPC
Police Assume Abuses Will Go Unnoticed: Allahabad HC Awards 25K Compensation To Man Over 24-Hour Illegal Detention
The Allahabad High Court recently observed that police officials persistently violate citizens' rights, believing that their abuses will simply go unnoticed.The Court added that cops think that, out of a thousand violations or more, hardly one citizen would come forward to enforce their rights and hold them accountable. With this scathing observation, a bench of Justice JJ Munir and...
'Prescribed Banned Compound To Children': MP High Court Denies Bail To Doctor Booked In Coldrif Cough Syrup Death Case
The Madhya Pradesh High Court denied bail to a Doctor, booked in a case involving the deaths of several children allegedly linked to adulterated cough syrup.The bench of Justice Pramod Kumar Agarwal observed; "the applicant who is the Child Specialist Doctor has prescribed the fixed dose compound to the children below the age of 4 years which was banned by the circular issued by the Government...
Rajasthan High Court Partly Allows Accused's Plea To Summon Document On POCSO Victim's Age, Says No Delay In Filing S.91 CrPC Plea
Rajasthan High Court has partly allowed a POCSO accused's plea challenging a trial court order which had rejected his application under Section 91 CrPC seeking production of the complainant's admission ticket issued by the Community Health Centre to determine her age. The trial court rejected the application on the ground that the cross-examination with regard to the age of the victim has...
'Loyalty Towards Rulers, Not Constitution; Rule Of Law Treated As Inconvenience': Allahabad HC Tears Into UP Police, Bureaucracy
In the third such order passed this week, which contains strong observations on the state of affairs in the Uttar Pradesh bureaucracy, the Allahabad High Court once again delivered a damning indictment of the State's administrative machinery.A bench of Justice Diwakar also stated that officers, including police officials, are loyal to the ruling dispensation rather than to the Constitution....
'Encounter Killings, Selective Crackdowns': Allahabad HC Slams UP Police Over Targeted Actions; Flags Misuse Of Gangsters Act
While quashing criminal proceedings initiated against 3 family members over a civil dispute, the Allahabad High Court on Wednesday delivered a scathing reprimand to the Uttar Pradesh Police for the targeted use of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justice Vinod Diwakar also flagged how the encounter killings and selective crackdowns...
Franchise Dispute Cannot Be Given Criminal Colour; Madras High Court Quashes FIR Against 5K Car Care Owner
The Madras High Court recently quashed an FIR registered against the owner of 5K Car Care, holding that a dispute arising out of a franchise arrangement was purely commercial in nature and did not attract criminal liability.Justice G.K. Ilanthiraiyan was dealing with a petition filed under Section 482 CrPC seeking quashing of an FIR registered for offences under Sections 406, 420 and 506(2) IPC. The complainant had obtained franchise rights to operate a 5K Car Care outlet at Madhavaram, Chennai,...
Executive Magistrate Can Order Removal Of Obstruction From Long-Used Village Path Without Deciding Title Dispute: HP High Court
The Himachal Pradesh High Court has upheld an order passed by the Sub-Divisional Magistrate (SDM), Kalpa, directing removal of an obstruction from a pathway allegedly used by villagers for decades, holding that the Magistrate had merely protected an existing right of user under Section 147 of the Code of Criminal Procedure and had not adjudicated any question of ownership.The Court observed...
Approaching DGP Instead Of Officer-In-Charge Of Police Station Does Not Satisfy Section 154 CrPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has quashed an FIR and a Magistrate's order passed under Section 156(3) CrPC, holding that a complainant cannot directly approach the Magistrate without first complying with the mandatory requirement under Section 154(1) CrPC of furnishing information to the officer-in-charge of the concerned police station.A Single Judge Bench of Justice Rakesh Kainthla...
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...