'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...

NDPS Act| Vehicles Turn To Junk, Value Goes Down The Drain: P&H High Court Slams Idle Confiscation, Orders Release

The Punjab and Haryana High Court has ordered the release of a truck seized in an NDPS case on financial bonds, emphasizing that keeping vehicles idle for prolonged periods leads to deterioration, economic loss, and serves no useful purpose.Justice Anoop Chitkara and Justice Sukhvinder Kaur said, "...when any confiscated vehicle is kept out of use by placing it in a parking lot, it serves...

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...

Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court

Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...

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...