POCSO Prosecution Cannot Be Quashed Merely Because Minor Victim Refuses To Continue Case: Rajasthan High Court

The Rajasthan High Court set aside the order of the trial court that accepted the negative final report submitted by the police based on the consent given by the minor prosecutrix to the effect that she did not want to proceed with the proceedings against the accused persons. The bench of Justice Anoop Kumar Dhand held that prosecution of the accused persons under POCSO could not be...

'Premature': Rajasthan High Court Rejects Estranged Wife's Plea For Inclusion As Nominee In Family Pension During Lifetime Of Husband

Rajasthan High Court dismissed the petition filed by an estranged wife seeking inclusion of her name as a nominee in the pension payment order (PPO) of her husband, after noting that since the husband was still alive and thus her petition was premature.The bench of Justice Ashok Kumar Jain observed that the petitioner had no right to claim inclusion of her name in the PPO as nominee to...

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...

'Criminal Law Can't Be Invoked Against Every Relative Of Husband Due To Matrimonial Discord': Madras HC Quashes S.498A IPC Case Against In-Laws

The Madras High Court recently quashed criminal cases against a husband's relatives under Section 498A of the IPC after noting that the allegations against the relatives were vague and unsupported by documents. Justice Victoria Gowri underlined that criminal prosecution cannot be launched against a husband's relative merely because there is matrimonial discord among...

No 'Honour' In 'Honour Killing', It's A Shameful Act And Extreme Reflection Of Casteism: Madras High Court

While dealing with the bail application of an accused cop in the honour killing of 27-year-old Kavin in Thirunelveli last year, the Madras High Court lamented the increasing instances of caste-based violence. Justice B Pugalendhi observed that there were 59 honour killings in the State of Tamil Nadu over the past 10 years. The judge remarked that deep-rooted casteism in the minds of...

HP High Court Affirms 2-Year Service Extension For Indira Gandhi NSS National Awardee Teachers In Himachal Pradesh

A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi held that a teacher who received a national award (Indira Gandhi NSS Award) from the President of India is entitled to the benefit of two years' extended service/salary increment, and the State cannot deny it based on the award being under a...

Right To Liberty Not Absolute, Bail Cannot Be Granted If Accused Has Serious Criminal Antecedents: Bombay High Court

The Bombay High Court has held that the fundamental right to liberty guaranteed under Article 21 of the Constitution of India is not an absolute right and a person having serious criminal antecedents cannot be granted bail solely on the ground of long incarceration. Sitting at the Nagpur bench, Justice Mahendra Nerlikar denied bail to one Swapnil Kashikar, booked for murdering a former...

Rajasthan High Court Asks Centre, State To Inform On Formulation Of SOP On Recall Of LOCs After Bail To Accused Who Seeks To Travel Abroad

Rajasthan High Court has sought assistance of the Additional Solicitor General and Advocate General to apprise the Court on steps taken for the formulation Standard Operating Procedure (SOP) for timely intimation to authorities about grant of bail to accused persons against whom an LOC was issued, so that it can be recalled. The bench of Justice Anoop Kumar Dhand has also sought clarity on...

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...

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...

Civil Services Candidates Require Impeccable Character; Acquittal On Benefit Of Doubt Not Automatic Clean Chit: Rajasthan High Court

The Rajasthan High Court upheld the rejection of petitioner's candidature for Rajasthan State and Subordinate Services, in light of 2 (two) criminal cases against her alleging extortion after impersonating as public servant, that resulted in acquittal based on benefit of doubt. While agreeing that a person could not be denied public employment only on the ground of pending petty criminal case...

KSBC Polls: Karnataka High Court Asks State Bar Council To Inform On Total Number Of Malpractice Complaints, Action Taken By Election Panel

The Karnataka High Court on Friday (June 12) asked the Karnataka State Bar Council (KSBC) to submit total number of complaints alleging malpractices during elections to KSBC and the number of such complaints forwarded to High Powered Election Committee (HPEC) as well as the orders passed on such complaints. The court further sought information on such complaints where orders are yet to be...