Criminal Law
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 would amount to 'destruction' of primary evidence in the case. Notably, Gadkar's plea to sell the offending...
Karnataka High Court Quashes Case Against JDS MLA Sharada Purya Naik Accused Of Employing Children In 2023 Political Rally
The Karnataka High Court has on June 12 [Friday] quashed the criminal proceedings against Janata Dal (Secular) MLA from Shimoga (Rural) Sharada Purya Naik, who has been accused of using children in a political rally in 2023. The single judge bench of Justice M. Nagaprasanna observed that the mere presence of children alongside a campaign venue would not attract the rigours of Sections 77...
'Gave Clean Chit To Accused': Kerala High Court Expunges Trial Court's Remarks On SIT Probe Against Thantri Rajeev In Gold Theft Case
The Kerala High Court has recently expunged the the remarks made by the Special Judge against the investigation of the Special Investigation Team (SIT) in the Sabarimala Gold Theft case while granting bail to accused Kandararu Rajeevaru @ Rajeev Thantri. Justice A Badharudeen, expunged the remarks while disposing of the petition by the State to cancel the bail granted to to Kandararu Rajeevaru @ Rajeev Thantri, who is arrayed as an accused in the Sabarimala gold theft case. The court...
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...
Mere Criticism Of Public Representative In Private WhatsApp Group Not A Criminal Offence: Telangana High Court
The Telangana High Court has allowed a criminal revision filed by an accused who was prosecuted over messages posted in a WhatsApp group against a public representative, holding that mere criticism in a private social media group would not, by itself, constitute offences under Sections 504, 505(1)(b) and 506 IPC unless the essential ingredients of the offences are made out. These Sections of...
Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court
The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite...
Delhi Court Denies Bail To Man Accused Of Duping Judge Of ₹52 Lakh Through Tinder, Slams Investigating Officer For Lapses In Probe
A Delhi Court has denied bail to a man accused of cheating a Haryana Judicial Officer of over Rs. 52 Lakh through a relationship allegedly initiated on the dating application Tinder, observing that he had received substantial funds, withheld material electronic evidence, and failed to cooperate with the investigation.Additional Sessions Judge Saurabh Partap Singh Laler of Patiala House Courts dismissed the bail plea of one Deepak Vats, observing that his conduct amounted to “active obstruction...
Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance
Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...
S.138 NI Act | Complainant Can Claim Benefit Of Presumptions After Proving Transaction, Execution Of Cheque In Convincing Manner: Kerala HC
The Kerala High Court has reaffirmed that the statutory presumptions available to complainants in cheque dishonour prosecutions under the Negotiable Instruments Act, 1881, can be invoked only after the complainant first establishes the underlying transaction and execution of the cheque through competent evidence.Justice A. Badharudeen delivered the judgment, while considering an appeal against an acquittal in a cheque bounce case under Section 138 of the Negotiable Instruments Act (NI Act).The...
'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...