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Delhi High Court Criminal Law Digest 2023
Nupur Thapliyal
7 Jan 2024 3:48 AM GMT
LiveLaw brings to you Delhi High Court Digest on Criminal law cases from the year 2023. MLC Report Can't Be Discarded For Non Examination Of Doctor Who Prepared It, Colleague Can Prove Record: Delhi High Court Case Title: Kamlesh v. State Citation: 2023 LiveLaw (Del) 10 Upholding life imprisonment of an accused convicted for committing rape upon a 2 year old minor girl, the...
LiveLaw brings to you Delhi High Court Digest on Criminal law cases from the year 2023.
Case Title: Kamlesh v. State
Citation: 2023 LiveLaw (Del) 10
Upholding life imprisonment of an accused convicted for committing rape upon a 2 year old minor girl, the Delhi High Court has ruled that MLC (medico-legal case) report can be relied upon by the courts even when the doctor who prepared it is not examined and the record is proved by any other doctor of the hospital.
The division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar said that proving of MLC report by a colleague doctor or an administrative staff of the hospital, who identify handwriting and signatures of the doctor who had examined the patient, is sufficient and good proof. It added that such a report cannot be doubted.
Delhi High Court Grants Four Weeks Parole To POCSO Convict For Filing SLP In Supreme Court
Title: NEERAJ BHATT v. THE STATE (GOVT. OF NCT) OF DELHI
Citation: 2023 LiveLaw (Del) 11
The Delhi High Court has granted parole of four weeks to a man convicted under Protection of Children from Sexual Offences (POCSO) Act to enable him file a special leave petition (SLP) before the Supreme Court. His conviction was upheld by the high court on July 04 last year.
Justice Swarana Kanta Sharma granted relief to Neeraj Bhatt who was convicted under Sections 363 and 376(2) of Indian Penal Code, 1860 read with Section 6 of POCSO Act in December 2019 by a Special POCSO court. He was sentenced to a rigorous imprisonment of 10 years and is presently confined in the city's Mandoli jail.
Title: MR. SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 12
The Delhi High Court has advised trial court judges to pay “special attention” and “show sensitivity” in cases where accused persons are languishing in jails as undertrials and also where they may be rendered remediless.
Justice Swarana Kanta Sharma observed that although criminal courts are duty bound to consider rights of the victim, they cannot overlook or brush aside the rights of an accused or a convict.
“A person who gets convicted has a statutory right to challenge the conviction in a higher court as well as seek suspension of sentence. However, such statutory right can only be exercised once the order on sentence is also pronounced by the Court concerned, as sentence is a part of the judgment in a trial,” the court said.
Title: SUNIL v. STATE
Citation: 2023 LiveLaw (Del) 15
Calling it a classic case where canons of justice were kept aside by trial court as the accused wasn't provided any effective legal aid, the Delhi High Court has acquitted a man in a case of preparation for committing dacoity.
"Considering the overall facts and circumstances of the case, this Court's judicial conscience does not permit to now remand back the matter and direct the learned Trial Court to again conduct a fresh trial. In view thereof, the accused is acquitted of all the charges since the trial in itself was vitiated due to non-assistance of accused by legal aid counsel, besides existence of several inconsistencies and lacunae in the case of prosecution before the learned Trial Court," said the court.
Title: VP v. THE STATE NCT OF DELHI & ANR
Citation: 2023 LiveLaw (Del) 25
The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 (4) of CrPC in an FIR registered under section 376(3) of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law (Amendment) Act, 2018.
Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of raping her minor daughter when she was 15 years of age. While the alleged incident happened in the year 2017, the FIR was filed last year.
Title: Kuldeep Singh Sengar v. CBI
Citation: 2023 LiveLaw (Del) 46
The Delhi High Court granted interim bail to former BJP MLA Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment in Unnao rape case, to allow him attend his daughter's wedding.
A division bench of Justice Mukta Gupta and Justice Poonam A. Bamba granted interim bail to Sengar for a period of 15 days - January 27 to February 10.
Title: X v. STATE
Citation: 2023 LiveLaw (Del) 62
The Delhi High Court has issued a slew of directions regarding the presence of POCSO victims during bail hearings, observing that the same has an adverse impact on the psyche of the victim.
Justice Jasmeet Singh directed that the victim can be produced virtually before the court, either by the IO or a support person, by way of Video Conferencing or by taking assistance of the District Legal Services Authority (DSLSA).
Observing that the victim and accused will not come face to face in this manner and the same can prevent “victim's re-traumatization,” the court said that hybrid form of hearing of bail applications would suitably address the concerns of the victim while at the same time safeguarding the rights of accused.
Case Title: Amanatullah Khan v. State
Citation: 2023 LiveLaw (Del) 64
The Delhi High Court dismissed a plea moved by Aam Aadmi Party MLA Amanatullah Khan challenging opening of history sheet against him by Delhi Police in March last year declaring him as a bad character.
Title: SURJEET KUMAR v. STATE
Citation: 2023 LiveLaw (Del) 66
The Delhi High Court has said that there is no requirement of a birth certificate to prove the age of the victim and that any school certificate is sufficient evidence to prove the victim's age.
Justice Jasmeet Singh made the observation while perusing section 94(2)(i) of the Juvenile Justice (Care and Protection of children) Act, 2015 which provides for presumption and determination of age.
The provision states that where the Child Welfare Committee or the Juvenile Justice Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, it shall undertake the process of age determination, by seeking evidence by obtaining the date of birth certificate from the school or the matriculation or equivalent certificate.
Title: RS v. STATE OF NCT DELHI AND ANR.
Citation: 2023 LiveLaw (Del) 77
Observing that FIRs should not be registered against law students for posing as lawyers before the courts, the Delhi High Court has said that they should be counselled instead.
"It is understandable that Presiding Officers take an objection where law interns tend to pose as lawyers, but on the other hand, these law interns, who are merely students, should be counselled, properly informed and instructed, rather than FIRs being registered, merely on this basis," said the court.
Title: MINOR R THR MOTHER H v. STATE NCT OF DELHI & ANR.
Citation: 2023 LiveLaw (Del) 85
The Delhi High Court has issued guidelines to the Investigating Officers to be followed in rape and sexual assault cases where victim's pregnancy exceeds 24 weeks.
Justice Swarana Kanta Sharma directed that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a “Urine Pregnancy Test”.
The court further said that when the victim, who is major and is found pregnant due to sexual assault, expresses her desire for medical termination of pregnancy, the investigating officer will ensure that she is produced before a medical board on the same day.
Title: Yashdeep Chahal v. UOI & Ors.
Citation: 2023 LiveLaw (Del) 90
Dealing with a plea seeking action against media houses for revealing identity of victim and accused persons of Hyderabad rape case, the Delhi High Court has directed the Delhi Government to set up “one stop centres” in every district in compliance of a Supreme Court decision of 2018.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad referred to the judgment in Nipun Saxena v. Union of India passed on December 11, 2018.
The apex court in the ruling had requested state governments and Union Territories to set up at least one one stop centre in every district within one year of the judgment. It had observed that such centres can be used as a central police station where all crimes against women and children in town or city are registered.
Title: X v. GNCTD
Citation: 2023 LiveLaw (Del) 94
Delhi High Court has granted bail to a 20-year-old in a POCSO case after the victim — the wife of accused, told the court that they were in a consensual relationship at the time of alleged offence, and is offering to stand as surety for him in case he is granted bail.
In the decision on the bail application moved by the accused, Justice Anup Jairam Bhambhani said the offences under Section 376 (2) and Section 6 POCSO Act are alleged to have been committed when the victim, who is over 19 years old now, was at the cusp of majority.
Title: RAVINDER LAL AIRI v. S.SHALU CONSTRUCTION PVT. LTD AND ORS.
Citation: 2023 LiveLaw (Del) 97
The Delhi High Court has observed that a revision petition filed against an order directing registration of FIR is maintainable as such an order is not an interlocutory order. The accused has a valuable right to be heard, said the court.
Justice Jasmeet Singh said the registration of FIR affects the fundamental right and freedom of an accused. The person can be summoned for investigation, arrested without warrants for allegations of cognizable offences, the court observed.
Title: SR. SEPHY v. CBI & ORS.
Citation: 2023 LiveLaw (Del) 127
Calling it a form of “inhuman treatment”, the Delhi High Court on Tuesday held that conducting virginity test on a female detainee or accused under investigation is unconstitutional and in violation of her right to dignity enshrined under Article 21 of the Constitution of India.
Justice Swarana Kanta Sharma held that virginity test is “sexist” and violates human right to dignity of a female accused if she is subjected to such a test while being in custody.
NSE Phone Tapping Case: Delhi High Court Grants Bail To Chitra Ramkrishna In Money Laundering Case
Title: CHITRA RAMKRISHNA v. ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE
Citation: 2023 LiveLaw (Del) 131
The Delhi High Court granted bail to former NSE (National Stock Exchange) CEO Chitra Ramkrishna in a money laundering case related to the alleged illegal phone tapping of employees by National Stock Exchange (NSE).
Justice Jasmeet Singh said that prima facie, there are reasonable grounds to believe that Ramakrishna is not guilty of the offence and that she is not likely to commit any offence while on bail.
Title: Shahrukh Pathan v. State
Citation: 2023 LiveLaw (Del) 132
The Delhi High Court asked Shahrukh Pathan, accused in 2020 Northeast Delhi riots cases, to move an application before trial court for advancing the hearing of his petition alleging that he was attacked and assaulted by jail officials.
Justice Amit Sharma, who was hearing a similar petition moved by Pathan, said that since a plea has already been moved before trial court, it would be appropriate if an application is moved seeking early hearing before the concerned court.
Delhi High Court Grants Bail To CA In Money Laundering Case Against Shakti Bhog
Case Title: Raman Bhuraria versus Directorate Of Enforcement
Citation: 2023 LiveLaw (Del) 135
The Delhi High Court has granted bail to the Auditor of M/s Shakti Bhog Foods Ltd in the money laundering case filed by the Enforcement Directorate (ED) against the company. The ED had opposed the bail application, alleging that the company's Internal Auditor Raman Bhuraria was the mastermind of the whole operation.
Title: AKASH versus STATE OF NCT OF DELHI & ANR
Citation: 2023 LiveLaw (Del) 139
The Delhi High Court has granted bail to a 21-year-old in a case registered under Protection of Children from Sexual Offences (POCSO) Act after the prosecutrix, who was 17 years old on the date of commission of alleged offence, submitted that she is desirous of marrying him. The couple already have a child, who is now about 18 months old.
The petitioner was in custody for more than one year as on January 16 in the case registered in November 2021 under Sections 363, 366, 366A and 376 of the Indian Penal Code and Section 6 of the POCSO Act.
Title: MOHD. MANAN DAR v. NATIONAL INVESTIGATION AGENCY and other connected matters
Citation: 2023 LiveLaw (Del) 178
The Delhi High Court on Friday held that the report of Public Prosecutor is not required to be provided to the accused at the stage of grant of extension of remand for continued investigation under section 43D(2) of UAPA.
A division bench of Justice Mukta Gupta and Justice Anish Dayal however said that when the accused is produced to inform him about the extension of period of investigation based on Public Prosecutor's report, “the accused cannot be a silent spectator” and the Special Court would be required to take into consideration, submissions on behalf of the accused, while examining the report regarding progress of investigation and the reasons for seeking further detention.
Delhi High Court Allows Extradition of German National For Trial In Child Sexual Abuse Case
Case Title: Bernd Alexander Bruno Wehnelt vs. Union of India
Citation: 2023 LiveLaw (Del) 190
The Delhi High Court has upheld an order passed by a Delhi Court recommending the extradition of a German national, who is accused of sexually abusing children.
Justice Anish Dayal held that the order passed by the Court of Additional Chief Metropolitan Magistrate (ACMM), recommending extradition of the accused, Bernd Alexander Bruno Wehnelt, to Germany for trial for the offences under the German Criminal Code, does not suffer from any infirmity.
Title: MOTI LAL BASAK v. STATE OF NCT OF DELHI and other connected matter
Citation: 2023 LiveLaw (Del) 199
The Delhi High Court has granted regular bail to two men charged under UAPA in a fake currency notes case, considering that the main conspirators have not been arrested or charged under UAPA and that there has been unexplained delays in filing supplementary chargesheets.
A division bench of Justice Mukta Gupta and Justice Poonam A Bamba also took note of the fact that the accused have been in custody for over six years and that despite directions of the court to conclude trial within one year from May 5 last year, “only a few further witnesses have been examined” in the last eight months.
Title: Syed Shahbaz Hussain & Anr v. State
Citation: 2023 LiveLaw (Del) 205
The Delhi High Court has set aside a trial court order directing registration of FIR against BJP leader Syed Shahnawaz Hussain and his brother in an alleged rape case.
The woman had alleged that Hussain's brother Shahbaz Hussain raped on her on the false pretext of marriage in 2017 whereas the BJP leader asked her to not highlight the matter and raise a hue and cry.
Title: COURT ON ITS OWN MOTION v. CENTRAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS & ORS
Citation: 2023 LiveLaw (Del) 206
The Delhi Government has told Delhi High Court that prisoners are being treated equally in jails in the national capital and parole or furlough is extended to them without any discrimination.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad closed proceedings in a suo moto case initiated in 2015 on the issue of preferential treatment given to certain prisoners in jails.
Delhi Riots: High Court Denies Bail To Accused As Prosecution Accuses Him Of Threatening Witnesses
Title: SHOAIB ALAM v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 208
The Delhi High Court has denied bail to an accused in a case related to the 2020 North-East Delhi riots. The FIR alleges that former Aam Aadmi Party councillor Tahir Hussain's associates stole valuable property from a godown situated at Khajuri Khas.
Justice Swarana Kanta Sharma denied bail to Shoaib Alam considering that two eye witnesses gave account of his specific role and the fact that threats were being extended to the witnesses.
Delhi High Court Grants Transit Anticipatory Bail To UP BJP Spokesperson Prashant Kumar Umrao
Title: Prashant Kumar Umrao v. State of Tamil Nadu & Ors.
Citation: 2023 LiveLaw (Del) 211
Delhi High Court has granted transit anticipatory bail till March 20 to lawyer and Uttar Pradesh spokesperson of BJP Prashant Kumar Umrao in an FIR lodged against him by Tamil Nadu police for allegedly spreading false information in a tweet on the alleged attacks against the migrant workers from Bihar in the state.
"I am of the view that the applicant should be granted reasonable time to approach the territorial jurisdictional court. Tomorrow is a holiday on account of Holi," said Justice Jasmeet Singh, while allowing Umrao's application for transit anticipatory bail.
Title: Swati Chaturvedi v. State
Citation: 2023 LiveLaw (Del) 212
The Delhi High Court has stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.
Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.
Bagga filed the case against the journalist seeking action of criminal defamation after she posted a tweet in 2017 in relation to his appointment as spokesperson of the political party.
Case Title: STATE (NCT OF DELHI) v. VS
Citation: 2023 LiveLaw (Del) 218
While framing charges under POCSO Act against a man despite the victim stating in her statement recorded under section 164 of Cr.P.C. that she had a consensual relationship with him, the Delhi High Court has observed that its hands are tied till any amendment is carried out in law, though it may be desirable that cases of teenage relationships be dealt with on a different footing.
“Therefore, though it may be desirable that the cases of teenage infatuation and voluntary living with each other, eloping with each other or maintaining relationship, such as the present case, are dealt with on a different footing, the Court's hands are tied as far as framing of charge is concerned till any amendment is carried out by the wisdom of the Parliament of this country, if deemed appropriate,” Justice Swarana Kanta Sharma observed.
Title: MS. X THR. HER NATURAL GURADIAN /FATHER AND ANR.
Citation: 2023 LiveLaw (Del) 226
The Delhi High Court has allowed a 16-year-old minor to undergo medical termination of pregnancy after her father, who had earlier gave consent in the court for the procedure, failed to come forward to fulfil the formality of signing the consent form.
Keeping in view the fact that only two or three days were left for the minor to complete 24 weeks of pregnancy, Justice Dinesh Kumar Sharma allowed the Superintendent of Nirmal Chhaya Complex who was appointed as victim's guardian by the Child Welfare Committee to sign the consent form.
Title: SANJAY MALIK @ SANT SEVAK DAS v. THE STATE & ANR.
Citation: 2023 LiveLaw (Del) 234
The Delhi High Court has said that merely because a woman consents to be in the company of a man, “regardless of for how long”, can never be the basis to infer that she had also consented to “sexual liaison” with him.
Observing that a distinction needs to be articulated between a prosecutrix “consenting to a situation” vs. “consenting to sexual liaison,” Justice Anup Jairam Bhambhani said:
“Though it is universally accepted that consent given under force, coercion or duress is no consent in law since it is not free or volitional, in many cases it is necessary to examine consent in a more granular manner, with the awareness that substantivity of consent may also be vitiated by several other circumstances that erode the freedom of choice. Several circumstances, including emotional exploitation, may vitiate the substantivity of consent.”
Title: Shri Tejashwi Prasad Yadav v. Central Bureau of Investigation
Citation: 2023 LiveLaw (Del) 240
The Central Bureau of Investigation on Thursday told the Delhi High Court that it will not arrest the Bihar Deputy Chief Minister Tejashwi Prasad Yadav if he appears before the agency in Delhi this month on any Saturday.
Delhi High Court Grants Bail To Shakti Bhog CMD Kewal Krishan Kumar In Money Laundering Case
Title: Kewal Krishan Kumar v. ED
Citation: 2023 LiveLaw (Del) 245
The Delhi High Court granted bail to Kewal Krishan Kumar, chairman and managing director (CMD) of Delhi-based Shakti Bhog Foods Limited, in a money laundering case.
Kumar was arrested by the probe agency on July 04, 2021. As per a press release issued by ED at that time, the arrest was in continuation of search carried out at nine premises.
Title: X v. State
Citation: 2023 LiveLaw (Del) 257
The Delhi High Court said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored.
Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance so that the “delicate balance between rape and consensual sex” is fairly arrived at.
“The Courts have to ensure that the right of fair trial to the complainant and rights of the accused of being protected from mala fide trial are taken care of in the Court's crucial endeavor to ensure equality before law,” the court said.
Title: State v. Mohd. Qasim & Ors.
Citation: 2023 LiveLaw (Del) 272
While framing charges of rioting and unlawful assembly against Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case, the Delhi High Court has observed that protest by violent means can never be part of democracy.
“Though, in a democracy, there can be no question of dissent being suppressed or fundamental right of freedom of expression by peaceful means being infringed, however, at the same time, there is no place of violent collective action to register one's anguish against ideological differences or resistance to a Government policy,” Justice Swarana Kanta Sharma observed.
Case Title: Azad @ Gourav vs. State of GNCT of Delhi & Anr.
Citation: 2023 LiveLaw (Del) 274
The Delhi High Court has ruled that although the Call Detail Records (CDRs) may be an important and effective piece of evidence, which may facilitate and assist courts in ascertaining the presence of different participants in commission of an offence, the same can only be taken as supporting or a corroborative piece of evidence, and conviction cannot be made solely on basis of the CDR data.
While setting aside the conviction of an accused for the offence of dacoity under Section 395 of the Indian Penal Code, 1860 (IPC), Justice Sudhir Kumar Jain said that the CDRs relied on by the prosecution only proved that the accused were present near the place of occurrence on the day of the incident. However, the CDRs did not prove that the said accused actually participated in the commission of the offence, the court held.
Title: THE WIRE THROUGH ITS EDITOR & ANR. v. AMITA SINGH
Citation: 2023 LiveLaw (Del) 275
The Delhi High Court quashed a summoning order issued by a trial court in 2017 against The Wire's Editor and Deputy Editor in a criminal defamation case filed by former Jawaharlal Nehru University professor Amita Singh.
Justice Anup Jairam Bhambhani quashed the order passed by a metropolitan court on January 07, 2017, summoning The Wire's Editor Siddharth Bhatia and Deputy Editor Ajoy Ashirwad Mahaprastha in Singh's criminal complaint.
Delhi High Court Denies Bail To Satyendar Jain In Money Laundering Case
Title: SATYENDAR KUMAR JAIN v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 289
Denying bail to Satyendar Jain in the money laundering case, the Delhi High Court on Thursday said that witness statements show that the Aam Aadmi Party leader is the “conceptualizer, visualizer and executor” of the entire operation. The court also said he is an influential person having the potential to tamper with evidence.
In the order running into 46 pages, Justice Dinesh Kumar Sharma observed that Satyendar Jain, Vaibhav Jain and Ankush Jain failed to meet the twin conditions provided under section 45 of PMLA and the conditions laid down under section 439 of Cr.P.C. and thus, are not entitled for bail.
Title: SONU@BILLA v. STATE, THROUGH SHO, PS PASCHIM VIHAR EAST
Citation: 2023 LiveLaw (Del) 291
The Delhi High Court has observed that if a man peeps inside the washroom when a woman is taking bath, it will amount to invasion of her privacy and also attract the offence of voyeurism.
Justice Swarana Kanta Sharma said that taking bath in a bathroom by any person, whether a male or a female, is essentially a “private act” as it is taking place inside the four walls of the bathroom.
Mere Apprehension Of Victim No Ground To Transfer Rape Case From Male Judge: Delhi High Court
Title: MS. M PROSECUTRIX v. STATE OF NCT OF DELHI & ORS.
Citation: 2023 LiveLaw (Del) 294
The Delhi High Court has observed that mere apprehension of a victim is no ground to transfer a rape case to special courts designated to deal with POCSO cases or those presided by a woman judge.
Justice Anish Dayal observed that such a situation would create a precedent which would open floodgates where all rape cases would be required to be transferred to special POCSO courts or to woman judges.
Title: Court In Its Own v. S Gurumurthy
Citation: 2023 LiveLaw (Del) 298
Filmmaker Vivek Agnihotri has expressed his remorse and tendered an unconditional apology before the Delhi High Court in a contempt case related to remarks made against Justice S. Muralidhar on microblogging platform Twitter in 2018. Agnihotri was present in the courtroom and said he has "utmost respect" for the institution of judiciary.
In 2018, Agnihotri allegedly retweeted a post against Justice Muralidhar, former judge of the High Court and present Chief Justice of Orissa High Court, in respect of the judge's order quashing the order of house arrest and transit remand of activist Gautam Navlakha in the Bhima Koregaon case.
Title: SURENDER KUMAR MATHUR v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 301
The Delhi High Court has asked the Commissioner of Delhi Police to look into the anomalies in maintaining the “Asla registers”, which contain details of issuance and return of arms, in all the police stations.
A division bench of Justice Mukta Gupta and Justice Poonam A. Bamba passed the order while setting aside the conviction and sentence of rigorous imprisonment for life awarded to a policeman for murdering one Jai Kumar.
Title: SAWAN v. STATE
Citation: 2023 LiveLaw (Del) 302
Denying anticipatory bail to a man accused of causing hurt to an individual by hitting his head with an iron rod, the Delhi High Court has observed that merely because the complainant is a lawyer by profession, his complaint cannot be disregarded merely on the ground that he knows how to draft it.
“The same would imply that an injured person who has his or her complaint prepared by a lawyer will be at better footing, than a lawyer himself who has suffered injuries on the vital part of the body,” Justice Swarana Kanta Sharma said in the order.
Title: SALEEM v. THE STATE OF NCT OF DELHI AND ANR.
Citation: 2023 LiveLaw (Del) 325
The Delhi High Court has held that there is no requirement in law to implead the victim of sexual offences as a party to any criminal proceedings instituted by the State or the accused.
Justice Anup Jairam Bhambhani referred to the recent judgment of the Supreme Court in Jagjeet Singh & Ors. v. Ashish Mishra @ Monu & Anr. and said that a victim now has an “unbridled participatory rights” in all criminal proceedings but that, in itself, is no reason to implead the victim as a party in the matter, unless otherwise specifically provided in Code of Criminal Procedure.
Title: S GURBACHAN SINGH & ORS v. GEETA ISSAR
Citation: 2023 LiveLaw (Del) 327
The Delhi High Court has set aside an order passed by the trial court which directed a party to a civil suit to cross-examine a witness of the opposite party on the basis of photocopied documents.
Justice Tushar Rao Gedela observed that the procedure directed by the trial court is “alien to law” and the order “cannot withstand a judicial scrutiny.”
Case Title: AS vs State and Ors.
Citation: 2023 LiveLaw (Del) 330
The Delhi High Court has observed that an order for transfer of investigation is a serious affair, and that investigation cannot be transferred to the Central Bureau of Investigation (CBI) merely because the litigant feels she is being unfairly prejudiced.
Case Title: AK & Ors. v. State & Anr.
Citation: 2023 LiveLaw (Del) 334
The Delhi High Court has observed that the act of pressing rape charges in matrimonial cases by the complainant against the husband and his family members which are later settled needs to be curbed.
Justice Yogesh Khanna noted that serious offence of rape under section 376 of Indian Penal Code, 1860 is being pressed during investigation of cases by complainants in a matrimonial lis against the husband and even his family members “putting the entire family to malign.”
Title: MANOJ KRISHAN AHUJA v. STATE OF NCT OF DELHI & ANR.
Citation: 2023 LiveLaw (Del) 341
The Delhi High Court has passed a slew of directions for effective implementation of the Pre-conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, observing that there is a need for a “safe womb for female foetus.”
Observing that the enactment has to be implemented with greater care and utilised by those who are affected, Justice Swarana Kanta Sharma said:
“Sex-determination based abortion is a powerful method of perpetuating gender inequalities. The restriction of access to foetal sex information is directly related to the problem of misogyny, which affects women of all socioeconomic backgrounds not only in this country but globally as well. The purpose of controlling knowledge of sex or gender is to protect expectant women and their unborn child. Despite the fact that sex-selective abortion may not be immediately apparent in the present act, its primary objective is to address this issue.”
Title: A v. PRINCIPAL SECRETARY HEALTH GNCTD
Citation: 2023 LiveLaw (Del) 356
The Delhi High Court directed the Medical Superintendent of LNJP Hospital to not disclose identity details of a 14-year-old, who is seeking termination of her 11-week pregnancy.
Justice Prathiba M Singh also directed the concerned SHO of Delhi Police to ensure that the identity of the minor or her family is not disclosed during the process of investigation.
Terror Funding Case: Delhi High Court Denies Default Bail To NSCN(IM) Leader Alemla Jamir
Title: ALEMLA JAMIR v. NIA
Citation: 2023 LiveLaw (Del) 363
The Delhi High Court has denied default bail to Naga insurgent group National Socialist Council of Nagaland-Isak Muivah (NSCN (IM)) leader Alemla Jamir, arrested in a terror funding case probed by National Investigation Agency.
Title: ASHISH MITTAL v. SERIOUS FRAUD INVESTIGATION OFFICE
Citation: 2023 LiveLaw (Del) 365
The Delhi High Court has observed that the prosecution cannot only recite from a complaint or simply say that it has material against an accused in respect of those offences for which twin conditions are stipulated in a statute for grant of bail.
Justice Anup Jairam Bhambhani said that the prosecution must show how the material collected during investigation supports allegations in the complaint and how they apply against the accused.
Title: NAVEEN KUMAR DALAL v. NEELAM KADYAN
Citation: 2023 LiveLaw (Del) 372
The Delhi High Court has observed that the cross-examination of a witness has to be concluded within a reasonable time limit and that it cannot continue “ad nauseam” in a never ending manner.
Observing that cross-examination of a witness is an opportunity to the party to rebut the evidence given by such witness, Justice Prathiba M Singh took strong note of a matrimonial case where cross examination of wife by the husband continued before the Family Court “on dates after dates.”
Title: INDEPENDENT THOUGHT v. UNION OF INDIA & ANR.
Citation: 2023 LiveLaw (Del) 380
The Delhi High Court has held that Section 19 read with Section 21 of the POCSO Act, which provide for mandatory reporting of the offences under the enactment, shall override the restrictions imposed under Section 198(1) read with Section 198(3) of Cr.P.C.
A division bench of Justice Manmohan and Justice Saurabh Banerjee also said that there is no distinct category within child victims of rape as those who are married and those who are not.
Title: Kismatun v. State
Citation: 2023 LiveLaw (Del) 381
The Delhi High Court has ordered that statement of a man, who was one of five men who were forced to sing Vande Mataram during the 2020 North-East Delhi riots, be recorded before the concerned Magistrate under Section 164 of CrPC within one week.
Justice Anup Jairam Bhambhani said that Mohd. Wasim, who was a minor when the incident happened, be produced before the Magistrate for recording of his statement.
Title: P. SARATH CHANDRA REDDY v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 382
The Delhi High Court has granted regular bail on medical grounds to P Sarath Chandra Reddy in the money laundering case connected to the now-scrapped liquor policy of national capital, observing that a person who is sick or infirm has a right to have adequate and effective treatment.
Observing that right to live with dignity under Article 21 of the Constitution of India includes right to live a healthy life, Justice Dinesh Kumar Sharma said:
“Though jails and designated hospitals provide good basic treatment, but we cannot expect them to provide specialised treatment and monitoring as required in the present case. Last medical report of the petitioner dated 03.05.2023 shows that petitioner is in bad state and can be put into the category of sick/infirm.”
Title: SANJEEV KUMAR v. THE STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 383
It is the duty of every judge to not only have a “sensitive heart” but also an “alert mind” while recording of witness statements and conducting trial in cases of sexual assault with children, the Delhi High Court has said.
Title: MAHESH KUMAR v. STATE (NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 386
The Delhi High Court has said that “adolescent love” cannot be controlled by courts and judges have to be careful while rejecting or granting bail in such cases depending on facts and circumstances of each case.
Observing that teenagers who “try to imitate romantic culture of films and novels” remain unaware about the laws and age of consent, Justice Sawarana Kanta Sharma said:
“This Court also observes that the attitude towards early love relationships, especially adolescent love, has to be scrutinised in the backdrop of their real life situations to understand their actions in a given situation.”
Title: SAKIB AHMED v. STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 396
The Delhi High Court has asked the Delhi State Legal Services Authority to formulate a programme to educate students, potential vulnerable victims and teenagers about criminality of posting intimate content on social media platforms without consent of the person concerned.
in Delhi and Haryana during which various incriminating documents and digital evidence was recovered.
Title: Asif Mohammad Khan v. State
Citation: 2023 LiveLaw (Del) 256
The Delhi High Court granted interim bail to former Congress MLA Asif Mohammad Khan who is accused of allegedly misbehaving with a police officer, subject to the condition that he will offer services at an adult education centre.
Justice Dinesh Kumar Sharma noted that Khan is an alumni of Jamia Millia Islamia University and directed him to offer the service thrice a week.
Title: X v. State
Citation: 2023 LiveLaw (Del) 257
The Delhi High Court said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored.
Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance so that the “delicate balance between rape and consensual sex” is fairly arrived at.
“The Courts have to ensure that the right of fair trial to the complainant and rights of the accused of being protected from mala fide trial are taken care of in the Court's crucial endeavor to ensure equality before law,” the court said.
Title: RAJU YADAV v. STATE OF NCT OF DELHI and other connected matter
Citation: 2023 LiveLaw (Del) 407
The Delhi High Court has observed that where the bone ossification test for determining age of a child victim under the POCSO Act opines the age between 15 to 17 years, the court should incline towards considering the lower side on the margin of error.
Observing that such an approach would be in consonance with the objectives of POCSO Act, Justice Jasmeet Singh observed:
“…the Supreme Court in Jarnail Singh case has only leaned towards the benefit of the lower age side to both the child in conflict with law and the minor victim under the POCSO Act. Hence, I am of the view that for determining the age of a child victim under the POCSO Act, where the bone ossification opines her age between 15-17 years, the inclination of the Court should be towards considering the lower side on the margin of error.”
Title: RAJESH PRAKASH LOHANI AND ORS v. THE STATE AND ANR
Citation: 2023 LiveLaw (Del) 409
The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing.
Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:
“This has become routine invariable practice that the main Investigating Officers who have investigated the case are not appearing and substitute officials are appearing on their behalf and they are not versed with the facts of the cases.”
Case Title: Dev Saran v. State
Citation: 2023 LiveLaw (Del) 411
Observing that “taking a false defence itself adds up as an incriminating circumstance against the appellant”, the Delhi High has upheld the conviction of a person sentenced to life imprisonment under Sections 363/302 of IPC for kidnapping and murdering a one-year-four-month-old child in 2016.
Title: SAMEER DNYANDEV WANKHEDE v. UNION OF INDIA AND ORS.
Citation: 2023 LiveLaw (Del) 414
The Central Bureau of Investigation has told the Delhi High Court that no coercive action will be taken against former Mumbai zonal director of Narcotics Control Bureau (NCB) Sameer Wankhede till May 22 in the Aryan Khan bribery case.
Title: AVINASH JAIN versus CENTRAL BUREAU OF INVESTIGATION
Citation: 2023 LiveLaw (Del) 423
Permitting the CBI to pick up one aspect of the investigation and file a piece-meal charge sheet to defeat the right of an accused to default bail, goes against the mandate of Article 21 of the Constitution, the Delhi High Court has ruled.
The court was hearing a plea challenging the denial of default bail to an accused in a loan fraud case by the CBI Court in February this year.
Title: VK & ANR versus STATE GOVT OF NCT OF DELHI & ANR
Citation: 2023 LiveLaw (Del) 441
The Delhi High Court quashed an FIR against a husband, who was accused of cruelty by his wife after the couple settled their differences. Besides dissolving the marriage by a decree of divorce under mutual consent, the wife also paid her husband an amount of Rs.12 Lakh towards all his claims.
"Out of the said amount, an amount of Rs.6 lacs was paid by the respondent no.2 [wife] to the petitioner no.1 [husband] at the time of recording of the statement of the first motion on 06.01.2023 and the remaining amount of Rs. 6 lacs was paid at the time of recording of the statement of the second motion, the receipt of which is acknowledged by the petitioner no.1," the court recorded in the order.
Case Title: Kishore Kumar v. State
Citation: 2023 LiveLaw (Del) 455
Observing that the statement of the child victim is of sterling quality, the Delhi Court has dismissed the appeal filed against conviction for aggravated sexual assault and sexual harassment committed on a 7-year-old boy under the Protection of Children from Sexual Offences Act, 2012 (POCSO).
Justice Jasmeet Singh said the child with his vocabulary and comprehension was able to describe the incident and had a clear picture in describable words.
Delhi High Court Modifies Life Sentence To 20 Years Imprisonment In 2015 Rape And Murder Case
Case Title: Ram Tej v. State
Citation: 2023 LiveLaw (Del) 456
The Delhi High Court has modified life sentence in a 2015 rape and murder case to rigorous imprisonment for a period of 20 years without remission, while considering the mitigating and extenuating circumstances.
Title: Manish Sisodia v. CBI
Citation: 2023 LiveLaw (Del) 460
The Delhi High Court has dismissed the bail plea of Aam Aadmi Party leader and former Deputy Chief Minister Manish Sisodia in the CBI case alleging corruption in implementation of excise policy for 2021-22.
Justice Dinesh Kumar Sharma pronounced the order. The court had reserved the decision on May 11
Case Title: Vipin Mittal v. NIA
Citation: 2023 LiveLaw (Del) 465
Observing that prima facie he was used as an intermediary without knowledge of the smuggled contraband, the Delhi High Court has granted bail to the proprietor of Shree Balaji Trading Company in a case where 102.136 and 0.648 kgs of heroin were intercepted in a truck carrying licorice roots (Mulethi) from Afghanistan at the Attari border in Punjab's Amritsar last year.
Title: EMECHERE MADUABUCHKWU v. STATE NCT OF DELHI & ANR.
Citation: 2023 LiveLaw (Del) 470
The Delhi High Court has said that the trial courts cannot direct foreign nationals be sent to a detention centre while granting them bail in cases lodged against them here.
“In any event what must be clarified is that a Court or Magistrates or a Sessions Court cannot as part of enlarging foreign national on bail can also direct the said person to be sent to a detention centre. The Court is not competent to pass such a direction when granting bail as has been conclusively held in various decisions,” Justice Anish Dayal said.
Title: CENTRAL BUREAU OF INVESTIGTATION v. KAPIL WADHAWAN & ANR.
Citation: 2023 LiveLaw (Del) 473
The Delhi High Court has said that the right to statutory bail of an accused cannot be defeated merely because police report has been filed by the investigating agency even when investigation in the case is incomplete.
“The police has a right to conduct further investigation. However, at the same time, the investigating agency under the garb of further investigation cannot be allowed to file the police report without completion of investigation, only to defeat the right of statutory bail. The basic concept is that to fulfil the provision of Section 167, the charge sheet has to be filed upon completion of investigation,” Justice Dinesh Kumar Sharma observed.
Title: RR v. THE STATE GOVT. OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 476
The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.
Justice Anup Jairam Bhambhani added that such a a finding or decision must await a “thorough assessment and evaluation of evidence” to be led by the parties at the trial.
Delhi High Court Grants Bail To Malvinder Mohan Singh In Religare Finvest Scam Case
Title: MALVINDER MOHAN SINGH v. STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 483
The Delhi High Court has granted bail to Malvinder Mohan Singh, erstwhile promoter of Religare Enterprises Limited, in the alleged Religare Finvest scam case amounting to Rs.2397 crores.
Justice Amit Sharma said that no possible prejudice can be caused to prosecution's case before the trial Court if Singh is released on bail with necessary conditions, especially when other co-accused persons have been granted bail.
Liquor Policy: Delhi High Court Denies Interim Bail To Manish Sisodia In Money Laundering Case
Title: Manish Sisodia v. ED
Citation: 2023 LiveLaw (Del) 494
The Delhi High Court has denied interim bail to Aam Aadmi Party leader and former Delhi Chief Minister Manish Sisodia in the money laundering case related to the implementation of previous liquor policy in national capital.
Sisodia had sought interim bail for a period of six weeks in view of the poor health condition of his wife.
Title: SANJAY JAIN (IN JC) v. ENFORCEMENT DIRECTORATE
Citation: 2023 LiveLaw (Del) 495
The Delhi High Court has observed that the power to grant bail on medical grounds under PMLA is discretionary in nature and must be exercised in a judicious manner after recording satisfaction that necessary circumstances exist warranting exercise of such a discretion.
Title: PANKAJ BANSAL v. STATE (GOVT. OF NCT DELHI) & ANR. and other connected matter
Citation: 2023 LiveLaw (Del) 508
The Delhi High Court has ruled that the discretion of an applicant to choose either High Court or trial court for moving anticipatory bail plea cannot be restricted by construing section 438 of CrPC narrowly.
Analyzing the provision, a vacation bench of Justice Chandra Dhari Singh said that there is no bar on approaching the High Court directly for seeking anticipatory bail and that both the courts have concurrent jurisdiction to deal with such cases.
Title: RS v. MB
Citation: 2023 LiveLaw (Del) 510
The Delhi High Court has observed that a revisional court, while considering the grant of stay of the interim maintenance order passed under section 125 of CrPC, cannot put a general direction of depositing the entire maintenance amount by ignoring the facts of circumstances of the case.
“While exercising the revisional scrutiny of an interim maintenance order passed in proceedings under Section 125 CrPC, the revisional court for yet another reason cannot impose as a pre-condition to grant of stay on operation of the assailed interim maintenance order, such general rider of deposit of the entire amount of awarded maintenance ignoring the overall circumstances of the case,” a vacation bench of Justice Girish Kathpalia observed.
Title: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 512
The Delhi High Court has granted interim bail for six weeks on medical grounds to businessman Sameer Mahendru in the money laundering case related to the implementation of previous liquor policy in national capital.
Title: IBRAHIM PUTHANATHANI v. NIA
Citation: 2023 LiveLaw (Del) 514
The Delhi High Court has extended the custody parole of Popular Front of India's National Coordinator Ibrahim Puthanathani, accused in a UAPA case registered by NIA, from four hours to six hours to enable him attend his elder daughter's wedding in Kerala.
The UAPA case was registered against PFI, its leaders and cadres. NIA's chargesheet against Puthanathani alleges that he was responsible for organizing and conducting arms training camps across various states on behalf of Popular Front of India.
Title: Preeti Chandra v. ED
Citation: 2023 LiveLaw (Del) 515
The Delhi High Court has granted bail to Preeti Chandra, the wife of Unitech promoter Sanjay Chandra, in a money laundering case probed by Enforcement Directorate.
Case Title: Sachin @ Joginder Singh v. State Govt Of NCT Of Delhi & Ors.
Citation: 2023 LiveLaw (Del) 522
Quashing an FIR related to an altercation, the Delhi High Court directed the accused to plant 10 trees each of indigenous variety in the vicinity of their residence, in consultation with the Investigating Officer.
Justice Jasmeet Singh asked the IO to get in touch with the concerned Horticulture Department of the MCD and indicate the area, where the trees are to be planted. "The trees need not be in one cluster but can be in parks, boundary walls etc, wherever the concerned department deems it fit and proper. The plantation process shall be carried out within 4 weeks," said the court.
Case Title: Shah Alam v. NCT Delhi
Citation: 2023 LiveLaw (Del) 523
Granting bail to an accused in a case of kidnapping for ransom after a custody of almost two years and nine months, the Delhi High Court said that at the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson.
Delhi High Court Rejects Bail Plea Of Teacher Accused Of Raping His Student
Case Title: Babu Lal Bhawariya v. State Of NCT Delhi
Citation: 2023 LiveLaw (Del) 528
The Delhi High Court has rejected the bail plea of a teacher who was accused of repeatedly raping his minor student and threatening to make video-recording of it viral. The accused stands booked under section 376 of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012.
Title: State v. Jeevak Nagpal
Citation: 2023 LiveLaw (Del) 530
The Delhi High Court on Monday commuted the death sentence awarded to a man for kidnapping and murdering a 12-year-old minor boy in 2009.
Title: SH.PRADEEP KUMAR v. STATE OF U.P and other connected matters
Citation: 2023 LiveLaw (Del) 531
The Delhi High Court today upheld the conviction and 10 years of sentence awarded to five cops of the Uttar Pradesh Police over custodial torture resulting in death of a young 26-years-old man in 2006. They were convicted and sentenced in the year 2019.
Delhi High Court Denies Bail To Manish Sisodia In Money Laundering Case
Title: Manish Sisodia v. Enforcement Directorate
Citation: 2023 LiveLaw (Del) 541
The Delhi High Court has denied bail to Aam Aadmi Party leader and Delhi's former Deputy Chief Minister Manish Sisodia in the money laundering case related to the implementation of previous liquor policy in national capital.
Title: BUDHI SINGH v. STATE OF NCT OF DELHI and other connected matters
Citation: 2023 LiveLaw (Del) 543
The Delhi High Court has ruled that where a convict's appeal against the conviction is pending before the Supreme Court, a direction to grant furlough under Delhi Prison Rules has to be necessarily taken from the Apex Court.
Rules 1199 and 1200 of the Delhi Prison Rules deal with the grant of parole and furlough to prisoners. Note 2 to Rule 1224 states that, "if an appeal of a convict is pending before the High Court or the period for filing an appeal before the High Court has not expired, furlough will not be granted and it would be open to the convict to seek appropriate directions from the Court."
Title: ANTOSH v. STATE
Citation: 2023 LiveLaw (Del) 553
Highlighting the importance of a fair trial, the Delhi High Court has observed that upholding the fundamental right of an accused to effective legal assistance cannot mean ineffective hearings or lack of opportunities to the prosecution.
“Prosecuting offenders to the full extent as law describes is a delicate task and cannot be performed without being awarded effective opportunity to prosecute and assist the Court to ensure smooth functioning of criminal justice system,” Justice Swarana Kanta Sharma said.
Case Title: NEETU SINGH v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 554
The Delhi High Court recently issued a slew of directions for implementing the project of uploading names and other details of proclaimed offenders and proclaimed persons on an online user-friendly portal.
Justice Talwant Singh, who retired last month, in the order dated May 25 directed the National Informatics Centre (NIC) to develop the necessary software and provide requisite infrastructure, web space and search facilities for the data, for implementing the project.
Establish Three Proposed Juvenile Justice Boards Within Two Years: High Court To Delhi Govt
Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI & ORS
Citation: 2023 LiveLaw (Del) 559
The Delhi High Court has directed the Delhi Government to establish the three Juvenile Justice Boards proposed by it in the national capital within a period of two years.
Case Title: MOHD. AMAAN MALIK v. State of NCT Delhi
Citation: 2023 LiveLaw (Del) 560
The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured.
Civil Prisoners Eligible For Remission Under Delhi Prison Rules: Delhi High Court
Case Title: INOX AIR PRODUCTS PRIVATE LIMITED v. MR. ARUN RATHI
Citation: 2023 LiveLaw (Del) 565
The Delhi High Court has observed that civil prisoners are eligible for grant of ordinary remission under the Delhi Prison Rules, 2018.
“…a plain reading of the aforesaid Rules would show that while providing eligibility for remission in Rule 1175, the expression used is “convicted prisoner”. The expression is inclusive and does not distinguish between a convicted “civil prisoner” and a “criminal prisoner”,” Justice Manoj Kumar Ohri observed.
Title: AMBUJ HOTELS & REAL ESTATE PVT. LTD. v. CENTRAL BUREAU OF INVESTIGATION and other connected matters
Citation: 2023 LiveLaw (Del) 567
The Delhi High Court has said that merely because sanction to prosecute a public servant under Prevention of Corruption Act is not granted, does not mean that the allegations of conspiracy or cheating by private accused persons under Indian Penal Code cannot stand trial.
Delhi High Court Denies Bail To 'Conman' Sukesh Chandrasekhar's Wife Leena Paulose In Extortion Case
Title: LEENA PAULOSE v. STATE OF DELHI and other connected matters
Citation: 2023 LiveLaw (Del) 576
The Delhi High Court has denied bail to Leena Paulose, the wife of alleged conman Sukesh Chandrashekhar, in the Rs 200-crore extortion case.
Title: KD v. VS
Citation: 2023 LiveLaw (Del) 579
The Delhi High Court has sentenced a business tycoon's son to three months in prison for failing to pay maintenance to a woman — who previously alleged that he performed a sham marriage ceremony with her, despite a judicial order recording his undertaking to pay the same.
Delhi High Court Grants Bail To Tahir Hussain In Five Cases Related To North-Delhi Riots
Title: Tahir Hussain v. State and other connected matters
Citation: 2023 LiveLaw (Del) 582
The Delhi High Court has granted bail to former Aam Aadmi Party councillor Tahir Hussain in five different cases registered against him in connection with 2020 North-East Delhi riots. However, Hussain will still remain in judicial custody in other FIRs registered against him, including the UAPA case alleging a larger conspiracy to commit the riots.
Justice Anish Dayal allowed the bail pleas which were moved by Hussain in FIRs 80/2020, 91/2020, 92/2020, 117/2020 and 120/2020 all registered at Dayalpur police station.
Case Title: State v. Hari Lal & Ors.
Citation: 2023 LiveLaw (Del) 587
The Delhi High Court has dismissed an application seeking condonation of delay of about 28 years for filing an appeal against an acquittal order of 1995 in a case of anti-Sikh riots dating back to 1991.
The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by the judgment of acquittal, there was nothing which prevented them from filing the appeal.
Case Title: DELHI HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY v. S. GURUMURTHY
Citation: 2023 LiveLaw (Del) 589
The Delhi High Court has discharged editor of Tamil political weekly “Thuglak” and RSS Ideologue S Gurumurthy in a criminal contempt case filed against him for his tweet against Justice S Muralidhar in 2018, after accepting his apology and “expression of deep remorse”.
Title: SUSHIL KUMAR v. THE STATE GNCTD THROUGH SHO & ANR.
Citation: 2023 LiveLaw (Del) 593
The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute.
Title: ALOK KUMAR v. HARSH MANDER & ANR.
Citation: 2023 LiveLaw (Del) 615
The Delhi High Court has set aside a trial court order directing Delhi Police to register an FIR against Vishwa Hindu Parishad leader Alok Kumar, on a complaint filed by activist Harsh Mander, for allegedly giving a hate speech during a VHP rally in 2019.
Title: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 622
The Delhi High Court has extended by six weeks the interim bail granted to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.
Delhi High Court Grants Interim Bail To Former Rajya Sabha MP Vijay Darda, Son In Coal Scam Case
Title: VIJAY DARDA v. CENTRAL BUREAU OF INVESTIGATION
Citation: 2023 LiveLaw (Del) 635
The Delhi High Court has granted interim bail to former Rajya Sabha MP Vijay Darda, his son Devender Darda and businessman Manoj Kumar Jayaswal who were recently convicted and sentenced to four years of imprisonment in a coal scam case.
Title: RE: TO CONSIDER SUO MOTU CONTEMPT OF COURT v. PROCEEDINGS AGAINST THE TIS HAZARI COURT LAWYERS
Citation: 2023 LiveLaw (Del) 637
The Delhi High Court has discharged 12 lawyers, including former Delhi High Court Bar Association President Rajiv Khosla and former Delhi Bar Association President Sanjeev Nasiar, in a suo motu criminal contempt case in connection with the violence at the Tis Hazari Court in 2006.
Case Title: MANMOHAN SINGH @ MONU v. STATE (NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 655
The Delhi High Court has deprecated the practice of filing writ petitions for grant of parole instead of approaching the competent authorities for seeking the relief.
Justice Dinesh Kumar Sharma was hearing a plea moved by one Manmohan Singh alias Monu seeking second spell of furlough for two weeks or grant of parole for 30 days in a gang rape case registered against him in 2008.
Title: DISTRICT MAGISTRATE WEST DISTRICT THROUGH NEHA BANSAL v. JOSAN DIAGNOTICS CENTRE & ORS.
Citation: 2023 LiveLaw (Del) 661
The Delhi High Court has observed that courts should prioritize the purpose and objective of Pre-Conception and-Natal Diagnostic Techniques Act, 1994, while adjudicating the applications seeking condonation of delay in cases pertaining to the enactment.
Title: RAKESH v. STATE OF NCT OF DELHII & ANR.
Citation: 2023 LiveLaw (Del) 665
The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.
Title: NABAL THAKUR (IN J.C.) v. THE STATE
Citation: 2023 LiveLaw (Del) 670
The Delhi High Court has issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.
Title: ARJUN KAMTI v. THE STATE OF GNCT OF DELHI THROUGH SHO & ORS.
Citation: 2023 LiveLaw (Del) 673
The Delhi High Court has quashed a rape and POCSO case against a man after he and the victim consensually got married and the complainant father said that he had filed the FIR out of anger and misunderstanding. It was alleged that the accused kidnapped the girl and took her out from her father's guardianship.
Case Title: PARVIN JUNEJA v. DIRECTORATE OF ENFORCEMENT & ANR.
Citation: 2023 LiveLaw (Del) 676
The Delhi High Court has permitted an accused in a money laundering case to travel abroad for admission of his son, observing that a person should not be denied such “special moments of small pleasures in life” even if he is accused and facing trial.
Title: RANJEET KUMAR YADAV v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 683
The Delhi High Court has observed that mere absence of injuries on victim's private parts cannot be a ground to hold that penetrative sexual assault under the POCSO Act did not take place.
Justice Amit Bansal made the observation while upholding the conviction of a man for committing rape of a four and a half years old girl in June 2017.
Title: THE STATE v. MAIKALE RAM & ORS.
Citation: 2023 LiveLaw (Del) 686
Invoking the famous American short story “Rip Van Winkle”, the Delhi High Court has refused to condone the delay of more than 27 years in filing of an appeal by the prosecution against the acquittal of various accused persons way back in 1995 in relation to the 1984 Anti-Sikh riots case.
Case Title: CCL M A v. STATE (NCT) OF DELHI and other connected matters
Citation: 2023 LiveLaw (Del) 706
The Delhi High Court has ruled that every preliminary assessment under section 15 of the Juvenile Justice Act in relation to heinous offences committed by a juvenile must be initiated and concluded expeditiously in terms of section 14 of the Act.
Title: SUMAIYA JAN @ SOUMAYYA v. STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 711
The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act.
Case Title: Sachin Arora v. State of GNCT of Delhi
Citation: 2023 LiveLaw (Del) 721
Observing that Section 50 of the NDPS Act will be attracted in case of 'comprehensive search' of belongings as well as personal search, the Delhi High Court has granted bail to a person accused of supplying heroin and apprehended under Sections 21 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) in 2019.
Case Title: STATE GOVT OF NCT OF DELHI v. MOHD K.
Citation: 2023 LiveLaw (Del) 722
The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape.
Case Title: Raghav Bahl v. ED and other connected matter
Citation: 2023 LiveLaw (Del) 723
The Delhi High Court has allowed The Quint's founder Raghav Bahl and co-founder and his spouse Ritu Kapur to travel abroad to London and New York next month for attending business meetings between September 02 - September 16.
Case Title: STATE v. USHA DEVI & ANR.
Citation: 2023 LiveLaw (Del) 725
Pulling up the Delhi Police for conducting “terrible and unfair investigation”, the Delhi High Court has acquitted two accused persons and awarded them Rs. 50,000 compensation each, since the prosecution “floated trial” despite lack of evidence against them.
Case Title: STATE v. HARIPAL and other connected matters
Citation: 2023 LiveLaw (Del) 726
The Delhi High Court has observed that procuring call detail records, including the tower-wise location of the police officials can prejudice their safety and privacy.
Case Title: STATE v. DHEERAJ SHARMA & ORS.
Citation: 2023 LiveLaw (Del) 727
The Delhi High Court has deprecated the Delhi Police for conducting “lackadaisical investigation” in a dowry death case and said that no effort was made by the probe agency to ascertain the actual cause of death of the 23-years-old deceased woman.
Even Minimal Penetration Is Sufficient To Establish Sexual Intercourse: Delhi High Court
Case Title: RAHUL v. STATE OF DELHI
Citation: 2023 LiveLaw (Del) 752
Observing that the nature of the offence as to whether it constitutes rape or an attempt to commit rape needs to be considered carefully, the Delhi High Court has said that even minimal penetration is sufficient to establish sexual intercourse by a man.
Justice Swarana Kanta Sharma made the observation while upholding the conviction of a man in 2008 for attempting to rape a seven year old girl child in 2006 and confining her in a room. The court also upheld the sentence of rigorous imprisonment for five years and fine of Rs. 5,000 awarded to him.
Case Title: VARUN BHATIA v. STATE AND ANOTHER
Citation: 2023 LiveLaw (Del) 761
The Delhi High Court has ruled that insulting a woman, being rude to her and not behaving with her in a chivalrous manner, as she would expect one to behave, will not be covered under the definition of “outraging the modesty of a woman” as per Section 509 of Indian Penal Code, 1860.
Extortion Case: Delhi High Court Grants Bail To Conman Sukesh Chandrashekar's Alleged Woman Aide
Case Title: POOJA SINGH v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 767
The Delhi High Court has granted bail to a woman, an alleged close aide of conman Sukesh Chandrashekar, accused of assisting him while he was lodged in Tihar Jail through a contractual nursing staff and for helping him run an extortion racket from the prison.
Case Title: MS. N v. STATE & ANR.
Citation: 2023 LiveLaw (Del) 776
The Delhi High Court has directed its Registrar (Vigilance) to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused.
Title: Rekha Rani and Ors. v. State of NCT of Delhi
Citation: 2023 LiveLaw (Del) 781
The Delhi High Court has observed that it will not be safe to prosecute an accused for the offence of abetment of suicide when the deceased was “hyper-sensitive.”
Title: MOHD. IRSHAD & ANR. v. NADEEM
Citation: 2023 LiveLaw (Del) 786
The Delhi High Court has observed that mere second marriage of the father, when he lost his first wife, cannot be held per-se a disqualification from his continuing to be a natural guardian of his child.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that even the disparity in the financial status cannot be a relevant factor for denying the custody of a child to the natural parent.
Case Title: RAVI BHUSHAN UPADHYAY v. THE STATE
Citation: 2023 LiveLaw (Del) 787
The Delhi High Court has observed that courts cannot be used as “matrimonial facilitators” for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases.
Case Title: VAIBHAV KUMAR v. STATE NCT OF DELHI & ANR.
Citation: 2023 LiveLaw (Del) 792
The Delhi High Court has observed that acid attack cases, “characterized by their sheer brutality and devastating consequences”, are among the most grievous crimes which send shockwaves through communities and thus, the role of a court in granting or denying bail to the accused is of vital significance.
Case Title: THE STATE GOVT OF NCT OF DELHI v. BABITA & ORS
Citation: 2023 LiveLaw (Del) 794
The Delhi High Court has observed that gender based assumptions in favour of a female accused, without any substantive basis or valid grounds, goes against the core principles of our justice system.
Case Title: DR. S. JAITLEY & ANR. v. STATE (NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 805
The Delhi High Court has observed that courts should be flexible in embracing modern technology and allowing virtual appearance in criminal trials, provided they do not compromise the integrity or fairness of the trial.
Case Title: Captain Arvind Kathpalia v. GNCTD & Ors.
Citation: 2023 LiveLaw (Del) 812
The Delhi High Court has said that a person cannot be subjected to double jeopardy by initiating criminal proceeding after he has been exonerated in the disciplinary proceeding on same allegations.
Case Title: TEK CHAND v. STATE OF U P & ORS. and other connected matters
Citation: 2023 LiveLaw (Del) 818
While upholding the acquittal of five accused persons in 2015 in a murder case registered way back in 1998, the Delhi High Court has cautioned the Delhi Police and Uttar Pradesh Police for conducting “terrible investigation.”
Title: Sanjay Kumar Pundeer v. State
Citation: 2023 LiveLaw (Del) 838
The Delhi High Court has ruled that an accused has a right to be released on default bail where the prosecution files a preliminary or incomplete chargesheet within the statutory period.
Justice Amit Sharma said the fundamental right to personal life and liberty under Article 21 of the Constitution and its co-relation with 167(2) of the CrPC has been clearly established by way of judicial precedents over the years.
Title: Sandhya Gupta & Anr v. State
Citation: 2023 LiveLaw (Del) 839
While quashing an FIR registered by a brother against her sister, who recently completed her graduation in law, the Delhi High Court directed her to provide her assistance to its Legal Services Committee for one month.
Case Title: COURT ON ITS OWN MOTION v. MR. AMAR SINGH BHALLA
Citation: 2023 LiveLaw (Del) 844
The Delhi High Court has sentenced a man to six months of simple imprisonment for failing to pay dues to the wife of his deceased driver and repeatedly flouting undertakings given to that effect to the court.
Case Title: COURT ON ITS OWN MOTION v. MR. AMAR SINGH BHALLA
Citation: 2023 LiveLaw (Del) 844
The Delhi High Court has sentenced a man to six months of simple imprisonment for failing to pay dues to the wife of his deceased driver and repeatedly flouting undertakings given to that effect to the court.
Case Title: MOHD. AMIR JAVED v. STATE (NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 848
The Delhi High Court has denied bail to a man, Mohd. Amir Javed, booked under Unlawful Activities Prevention Act, 1967, for allegedly planning terror activities in the country.
Title: Sagar & Ors v. State (N.C.T. Of Delhi) & Ors
Citation: 2023 LiveLaw (Del) 849
While quashing an attempt to commit culpable homicide case after settlement between the parties, the Delhi High Court has directed all 24 individuals involved in the matter to do “basic cleaning work” for three days at four police stations by dividing themselves in four groups.
Title: IRSHAD ALI v. STATE
Citation: 2023 LiveLaw (Del) 850
The Delhi High Court has recently denied bail to an accused in the murder case of Delhi Police's head constable Ratan Lal during the 2020 North-East Delhi riots.
Case Title: HEMANT JAIN & ANR. vs STATE (GNCTD) & ANR.
Citation: 2023 LiveLaw (Del) 858
The Delhi High Court, while quashing an FIR for forgery and cheating based on the settlement between the accused and the complainant, has directed the parties to pool in money and purchase uniform socks for the police personnel stationed at 6 police stations in Delhi.
Case Title: VIKAS THAKUR v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 864
The Delhi High Court has recently enunciated various principles to be followed by Magistrates while taking cognizance of offences, observing that the process cannot be a routine exercise.
Case Title: RAJAN & ORS. v. STATE (NCT OF DELHI) & ANR.
Citation: 2023 LiveLaw (Del) 865
While quashing an FIR for attempt to commit culpable homicide and criminal intimidation based on settlement, the Delhi High Court has directed the parties to give 100 first aid kits to Delhi Police personnel deputed in five police stations.
Married Woman Can't Prosecute For Rape On False Pretext Of Marriage: Delhi High Court
Title: S Rajadurai v. State & Anr.
Citation: 2023 LiveLaw (Del) 871
The Delhi High Court has ruled that a sexual relationship between two adults, who are legally married to other partners, cannot be considered an act for which legal protection is available.
Title: Rahul Gupta v. State
Citation: 2023 LiveLaw (Del) 876
The Delhi High Court has observed that filing a special leave petition (SLP) before the Supreme Court by a convict challenging the conviction constitutes a “special circumstance” for granting parole in terms of Rule 1211 of the Delhi Prison Rules, 2018.
Delhi High Court Denies Bail To Man Booked Under UAPA In J&K Larger Conspiracy Case
Case Title: SUHAIL AHMAD THOKAR vs NATIONAL INVESTIGATION AGENCY
Citation: 2023 LiveLaw (Del) 880
The Delhi High Court on Friday dismissed an appeal against the Trial Court order denying bail to Suhail Ahmad Thokar, one of the accused charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), in connection with the Jammu and Kashmir “larger conspiracy” case post revocation of Article 370 of the Constitution of India.
Case Title: ASHOK SINGH BHADAURIA vs CENTRAL BUREAU OF INVESTIGATION
Citation: 2023 LiveLaw (Del) 884
The Delhi High Court granted bail to two former-Uttar Pradesh Police officers who were convicted in the case involving the custodial death of the Unnao rape survivor's father.
Case Title: ROHAN PANDEY v. STATE THROUGH SHO PS PALAM VILLAGE AND ANR
Citation: 2023 LiveLaw (Del) 887
While quashing a POCSO case after settlement between parties who were young individuals, the Delhi High Court has directed the accused's father to arrange free health checkups by Orthopaedic doctors for teachers in 10 government schools in the national capital.
Case Title: P v. THE STATE OF NCT OF DELHI & ANR
Citation: 2023 LiveLaw (Del) 890
The Delhi High Court has directed the Delhi Government to issue a notification prescribing the manner in which the details about completion of investigation and filing of final report is to be given by officer-in-charge of a police station to the complainant in terms of Section 173(2)(ii) of CrPC.
Case Title: Raja v. State & Anr.
Citation: 2023 LiveLaw (Del) 893
The Delhi High Court has quashed an FIR registered between neighbours after settlement between them and asked the accused to offer social service at Hanuman temple situated at Connaught Place for 40 days.
Case Title: Disha A Ravi v. State
Citation: 2023 LiveLaw (Del) 894
The Delhi High Court has dismissed the plea moved by climate activist Disha Ravi, accused in the 2021 “toolkit case”, seeking modification of a bail condition requiring her to obtain prior permission from court each time before travelling abroad.
Case Title: DEEPAK VERMA v. STATE & ANR.
Citation: 2023 LiveLaw (Del) 896
While quashing a sexual harassment case after settlement between the parties, the Delhi High Court has directed the accused to contribute Rs. 25,000 in the form of woollen blankets to a shelter home for girls in the national capital.
Title: KARTIKYA SWAMI & ORS. v. STATE (NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 898
The Delhi High Court has asked a man to make contributions towards the "green cover" of the national capital, while quashing an FIR registered against him and his family members by his wife. The parties had reached a settlement after divorce by mutual consent.
Case Title: OMID HUSSAIN KHIL @ UMED MILAD v. STATE OF NCT OF DELHI & ANR.
Citation: 2023 LiveLaw (Del) 900
The Delhi High Court has observed that the right of a convict to file a Special Leave Petition before the Supreme Court cannot be denied solely based on the severity of the offence or the availability of free legal assistance even if such a plea can be filed from jail itself.
Delhi High Court Upholds Restriction On MCOCA Inmates To Meet Family Members Only
Case Title: S. DAYA SINGH LAHORIA AND ORS. v. GOVERNMENT OF NCT OF DELHI AND ORS.
Citation: 2023 LiveLaw (Del) 907
The Delhi High Court has upheld the restriction put by the prison authorities on the inmates booked under Maharashtra Control of Organized Crime Act, 1999, to meet only their family members and no one else.
Title: Jitendr Lala & Ors vs The State Of Delhi & Anr
Citation: 2023 LiveLaw (Del) 916
While quashing an FIR after settlement between the parties, the Delhi High Court has directed three accused to arrange bus ride for “Delhi Darshan” for senior citizens residing in an old age home in the national capital.
Title: FIRASAT HUSSAIN v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 934
The Delhi High Court has suggested the Parliament's Select Committee to make changes in Section 438 of the new CrPC[BNSS] (akin to Section 437A of Code of 1973) pertaining to the requirement of furnishing of personal bond with surety by an accused on his acquittal.
Title: State v. Ariz Khan
Citation: 2023 LiveLaw (Del) 950
The Delhi High Court has refused to confirm the death penalty awarded to Ariz Khan, who was convicted by a trial court in the 2008 Batla house encounter case in which Delhi Police's inspector Mohan Chand Sharma was killed.
Case Title: PRABIR PURKAYASTHA v. STATE NCT OF DELHI & ANR. and other connected matter
Citation: 2023 LiveLaw (Del) 960
The Delhi High Court has ruled that the Supreme Court's judgment in Pankaj Bansal case, directing ED to inform grounds of arrest in writing to the accused, cannot be said to be squarely applicable to a case arising under UAPA.
Delhi High Court Upholds Chinese National's ED Remand Of Three Days In Vivo Money Laundering Case
Title: MR. GUANGWEN KUANG @ ANDREW v. DIRECTORATE OF ENFORCEMENT & ANR.
Citation: 2023 LiveLaw (Del) 963
The Delhi High Court has upheld a trial court order remanding a Chinese national to three days of Enforcement Directorate's custody in a money laundering case registered against smartphone manufacturer Vivo.
Title: S v. State & Ors.
Citation: 2023 LiveLaw (Del) 972
The Delhi High Court has pulled up a trial court in the national capital for discharging an accused in a rape case on the basis of the results of polygraph test conducted on the victim.
Case Title: Nayati Healthcare and Research NCR Pvt. Ltd. and Ors. through its Authorized Representative Sh. Satish Kumar Narula & Ors. v. Union of India Ministry of Home Affairs through its Standing Counsel & Anr.
Citation: 2023 LiveLaw (Del) 982
The Delhi High Court has quashed an ECIR and proceedings arising therefrom, observing that the predicate offence had already been quashed and the order to that effect had attained finality.
ED's Power To Issue Summons Under Section 50 PMLA Does Not Include Power To Arrest: Delhi High Court
Title: ASHISH MITTAL v. DIRECTORATE OF ENFORCEMENT & ANR.
Citation: 2023 LiveLaw (Del) 992
The Delhi High Court has ruled that the power of the Enforcement Directorate to issue summons to a person under Section 50 of PMLA does not include the power to arrest.
Title: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 998
The Delhi High Court has denied regular bail to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.
Title: SANJAY SINGH v. UNION OF INDIA & ANR.
Citation: 2023 LiveLaw (Del) 1005
While dismissing Aam Aadmi Party MP Sanjay Singh's plea challenging his arrest and remand in money laundering case, the Delhi High Court has said that the Enforcement Directorate cannot be expected to work as magicians and that it will take time to investigate a case and reach to the truth.
Title: PINKI IRANI v. GOVT OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1006
The Delhi High Court has granted bail to Pinky Irani, a close aide of alleged conman Sukesh Chandrasekhar, in connection with the Rs. 200 crore extortion case.
Case Title: Ajay Kumar v. The State NCT of Delhi
Citation: 2023 LiveLaw (Del) 1040
Justice Tushar Rao Gedela of the Delhi High Court on Tuesday granted benefit of Section 427 Cr.P.C. to a man convicted of rape (S. 376 IPC) and abetment of suicide (S. 306 IPC), holding that the causal facts giving rise to the two offences were intrinsically intertwined and could not be segregated into two distinct sets.
Failed Relationship No Ground For Lodging Rape FIR: Delhi High Court
Title: SUSHANT KUMAR v. THE STATE
Citation: 2023 LiveLaw (Del) 1045
The Delhi High Court has observed that if a romantic relationship does not work out, it cannot be a ground of lodging a rape case.
“It is a settled law that if a relationship does not work out, the same cannot be a ground for lodging an FIR for the offence punishable under section 376 IPC,” Justice Sudhir Kumar Jain observed.
Title: AJEET SINGH v. THE STATE GOVT. OF NCT OF DELHI AND ANOTHER
Citation: 2023 LiveLaw (Del) 1053
The Delhi High Court has observed that the child sexual abuse is a serious issue, being “pervasive and disturbing”, which deserves adequate attention of every stakeholder directly or indirectly connected with administration of justice and judicial process.
Title: AMIT KATYAL v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 1056
While denying relief to a man seeking copy of ECIR in a money laundering case, the Delhi High Court has said that it cannot throttle the investigative process of the Enforcement Directorate at the stage of issuance of summons under PMLA.
Title: MINOR L THR GUARDIAN J v. STATE & ANR.
Citation: 2023 LiveLaw (Del) 1063
The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.
Title: HARI SINGH v. STATE OF NCT OF DELHI & ORS.
Citation: 2023 LiveLaw (Del) 1065
The Delhi High Court has said that the application for premature release of convicts who have undergone long incarceration period must not be dealt with in mechanical and clerical manner.
Simple Touch Not 'Manipulation' For Penetrative Sexual Assault Under POCSO Act: Delhi High Court
Title: SHANTANU v. THE STATE
Citation: 2023 LiveLaw (Del) 1078
The Delhi High Court has ruled that a simple act of touch cannot be considered as manipulation for the offence of penetrative sexual assault under Section 3(c) of the POCSO Act.
Title: GOPI NISHA MALLAH v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1094
The Delhi High Court has ruled that conviction for committing sexual offences is no ground for denying the benefit of furlough to an otherwise eligible prisoner.
Case Title: Rashmee Kansal v. The State and Anr.
Citation: 2023 LiveLaw (Del) 1105
"...under Section 326-B of the IPC, an offence is made out only if a person throws or attempts to throw 'acid' on another person, and not any other liquid or substance,” the Delhi High Court has held.
Title: SAKH ALAM @ SHEKH ALAM v. THE STATE (GOVT. OF NCT, DELHI) & ANR.
Citation: 2023 LiveLaw (Del) 1107
The Delhi High Court has said that merely because the complainant married the accused does not entail quashing of an FIR registered for the offence of rape and under the Protection of Children from Sexual Offences Act, 2012.
Title: VINEET SURELIA v. THE STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1114
The Delhi High Court has said that an accused, once granted bail, is always expected to not only join the investigation but also participate in it, while underscoring that there is a palpable difference between “joining” and “participating” in probe.
Title: AMIT ARORA v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 1132
The Delhi High Court allowed businessman Amit Arora, accused in the PMLA case related to the excise policy scam, to interact with her 16 years old daughter suffering from Paranoid Schizophrenia through video-conferencing for half an hour twice a week and wished her “complete psychological recovery” as well as a “life time of positive mental health.”
Title: MR. AMANDEEP SINGH DHALL v. DIRECTORATE OF ENFORCEMENT and other connected matter
Citation: 2023 LiveLaw (Del) 1133
The Delhi High Court has refused to extend the duration of medical treatment of businessman and director of Brindco Sales Private Limited, Amandeep Singh Dhall, who is an accused in the excise policy scam case.
Coal Scam: Delhi High Court Refuses To Quash ED Summons To West Bengal Law Minister Moloy Ghatak
Title: MOLOY GHATAK v. DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (Del) 1134
The Delhi High Court refused to restrain the Enforcement Directorate (ED) from summoning West Bengal Law Minister Moloy Ghatak in future in connection with the coal smuggling case.
Case Title: Rihan v. The State (GNCTD)
Citation: 2023 LiveLaw (Del) 1147
The Delhi High Court has granted bail to a man being prosecuted under Sections 302 (murder), 498A (cruelty) and 201 (causing disappearance of evidence) IPC, in relation to his wife's death.
Title: SANJAY KUMAR VALMIKI v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1156
The Delhi High Court has observed that depriving furlough to a convict, who is undergoing long term imprisonment, would be counterproductive to the reformative approach and would also take away the motivation to maintain good conduct inside the jail.
Case Title: Varun v. State (NCT of Delhi) & Anr.
Citation: 2023 LiveLaw (Del) 1159
The Delhi High Court has denied prayer of a murder-accused for interim bail to pursue regular PhD classes, noting the gravity of the stated offence and allegations that the complainant had been threatened.
Delhi High Court Upholds Extradition Of Man Charged With Murder Of Family In Oman
Title: MAJIBULLAH MOHAMMAD HANEEF v. UNION OF INDIA
Citation: 2023 LiveLaw (Del) 1164
The Delhi High Court has upheld the Union Government's decision to extradite a man charged with murder of a family, including three minor children, in Oman.
'Scheduled Offence' Cannot Exist After Quashing Of FIR: Delhi High Court Quashes PMLA Proceedings
Title: RAJINDER SINGH CHADHA v. UNION OF INDIA MINISTRY OF HOME AFFAIRS THROUGH ITS CHIEF SECRETARY & ANR.
Citation: 2023 LiveLaw (Del) 1170
The Delhi High Court has quashed PMLA proceedings initiated by the Enforcement Directorate (ED) against an accused, on the basis of two FIRs registered against him- that were later quashed and compounded after settlement between the parties.
Title: FAHIM v. STATE
Citation: 2023 LiveLaw (Del) 1183
The Delhi High Court has said that the trial courts in the national capital should not issue non-bailable warrants (NBWs) against an individual on first call in the pre-lunch hours, except when there are genuine apprehensions that such person would abscond if not taken into custody.
Title: AVTAR SINGH KOCCHAR @ DOLLY v. ENFORCEMENT DIRECTORATE
Citation: 2023 LiveLaw (Del) 1187
The Delhi High Court granted bail to one Avtar Singh Kocchar, a senior citizen aged about 69 years, accused in the cases registered under the Prevention of Money Laundering Act (PMLA) and Maharashtra Control of Organised Crime Act (MCOCA) in connection with the Rs. 200 crore extortion case involving alleged conman Sukesh Chandrasekhar.
Case Title: MOHD. TASLIM ALI v. THE STATE GOVT OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1193
The Delhi High Court has flagged rising incidents of kidnapping of minor girls, who are subjected to sexual assault under the guise of marriage, as a result of which they are forced to abandon studies and denied opportunity to pursue careers.
Magistrate Can't Direct Investigation Mechanically, Application Of Mind Must: Delhi High Court
Case Title: ANJURI KUMARI v. THE STATE GOVT. OF NCT OF DELHI & ORS
Citation: 2023 LiveLaw (Del) 1198
The Delhi High Court has said that direction for investigation under section 156(3) of the Code of Criminal Procedure (CrPC) cannot be issued by a Magistrate mechanically and must be given only after application of mind.
Title: ANISH PRAMOD PATEL v. KIRAN JYOT MAINI
Citation: 2023 LiveLaw (Del) 1220
The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance.
Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of maintenance or interim maintenance orders, and that the idea is ot to immediately initiate criminal proceedings against the aggressor for non-payment of maintenance and to send such person to prison.
Case Title: Rakesh @ Dalu v. State (NCT of Delhi)
Citation: 2023 LiveLaw (Del) 1221
Justice Rajnish Bhatnagar of the Delhi High Court has granted furlough to a prisoner, while observing that personal freedom is a priceless fundamental right, which should only be restricted when necessary in light of unique facts and circumstances of the case.
Title: FAIZY KHAN v. THE STATE GOVT OF NCT OF DELHI)
Citation: 2023 LiveLaw (Del) 1245
The Delhi High Court has recently cautioned its Registry to “keep in mind” the judgments and its practice directions for ensuring that anonymity and confidentiality of the prosecutrix or victim of sexual offences is maintained in judicial filings.
Title: KESHAV PRAKASH GUPTA v. STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1246
The Delhi High Court has observed that filing of chargesheet in a criminal case is not the sole criteria to be taken into consideration while considering the grant of bail to an accused as it has to be coupled with facts and circumstance involved.
Titled VINEET JHAVAR v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1248
The Delhi High Court has observed that crime-enables crimes erode trust of the people in online financial transactions platforms which is against the aspirations of an advanced “Digital Bharat.”
Case Title: Sanjiv Kumar v. The State Govt of NCT of Delhi
Citation: 2023 LiveLaw (Del) 1251
While dealing with the issue of interception of calls, Justice Amit Bansal of the Delhi High Court recently held that in view of the Supreme Court's decision in Ritesh Sinha v. State of Uttar Pradesh and Anr., courts can authorize an investigating agency to obtain voice samples of accused. However, there must be compliance with provisions of the Telegraph Act, 1885.
Title: LAMBODER JHA v. GOVT NCT OF DELHI & ORS.
Citation: 2023 LiveLaw (Del) 1256
The Delhi High Court has called for a user-friendly ready-to-use handbook in every Police Station across the national capital for accessibility to aid investigations concerning cases of missing children.
Case Title: Dr Suman Gupta v. Ravinder Pratap & Ors
Citation: 2023 LiveLaw (Del) 1274
The Delhi High Court has quashed a defamation case filed against Dr Suman Gupta, former Professor and Dean, University School of Law and Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (GGSIPU), noting that the case fell under exception 8 (accusation preferred in good faith to authorized person) to Section 499 IPC.
Delhi Riots: High Court Grants Bail To Two Men, Denies Bail To One In Rahul Solanki Murder Case
Title: ARIF v. STATE and other connected matters
Citation: 2023 LiveLaw (Del) 1302
The Delhi High Court has granted bail to two men and denied bail to one in a 2020 North-East Delhi riots case where a bystander, Rahul Solanki, lost his life due to a gunshot injury.
Title: NITIN GARG v. UNION OF INDIA & ANR. and other connected matters
Citation: 2023 LiveLaw (Del) 1314
The Delhi High Court has dismissed the pleas filed by three accused, in a money laundering case registered against smartphone manufacturer Vivo, alleging illegal custody in Tihar jail for want of judicial order remanding them to judicial custody.
Title: JASPREET KAUR v. STATE OF NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1324
The Delhi High Court has said that the FIRs in cases involving sexual assault and rape committed upon minors are not mere printed papers, but a trauma writ large, experienced by a living human being, which is difficult to be portrayed on a piece of paper.
Justice Swarana Kanta Sharma said that in cases of sexual assault of minor victims, the extreme stressful situation and life-turning experience faced by a victim should not be dealt with in mechanical manner by courts.
Title: VINOD KUMAR & ANR. v. STATE (NCT OF DELHI) & ANR.
Citation: 2023 LiveLaw (Del) 1329
The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination.
Title: KUNDAN SINGH v. THE STATE GOVT. OF NCT DELHI
Citation: 2023 LiveLaw (Del) 1335
The Delhi High Court has ruled that a convict has the right to parenthood and procreation and such an individual does not become a lesser citizen only due to the incarceration.
SFIO Not Barred From Investigating IPC Offences, Conducting 'Further Probe': Delhi High Court
Title: R.K. GUPTA & ORS. v. UNION OF INDIA THROUGH MINISTRY OF CORPORATE AFFAIRS & ANR.
Citation: 2023 LiveLaw (Del) 1339
The Delhi High Court has observed that the Serious Fraud Investigation Office (SFIO) is not barred from investigating offences under the Indian Penal Code, 1860, or conducting further investigation in accordance with law after the Investigation Report has been submitted.
Title: HARISH CHANDER @ SURAJ BHATT v. STATE NCT OF DELHI
Citation: 2023 LiveLaw (Del) 1344
The Delhi High Court has said that the name of any judge or judicial officer used by unscrupulous persons for blackmailing general public or commission of offences brings disrepute to the judicial system, which cannot be allowed at any cost.
