Gujarat High Court Weekly Round-Up: September 2 - September 8, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 121-128]Dr.Rajeshkumar Somabhai Katara, Asst.Professor Microbiology Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 121Vishalkumar Kanubhai Patel Versus High Court Of Gujarat 2024 LiveLaw (Guj) 122Labhshankar Duryodhan Maheshwari Versus State Of Gujarat 2024 LiveLaw (Guj) 123Kalpesh Vaghabhai Chaudhary Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 124X v. State of Gujarat & Others 2024 LiveLaw (Guj) 125 X v/s State of Gujarat & Ors. 2024 LiveLaw (Guj) 126V M Procon Pvt Ltd Vs Assistant Director Of Income Tax 2024 LiveLaw (Guj) 128Judgments/OrdersWife Having Extramarital Affair May Not Be Guilty Of Abetting Husband's Suicide: Gujarat High Court Quashes FIR Against Woman, PartnerCase Title: Dr.Rajeshkumar Somabhai Katara, Asst.Professor Microbiology Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 121The Gujarat High Court has quashed the FIR lodged by a woman's mother-in-law, accusing her and her partner of abetting the suicide of her husband. The Court observed that even if the contents of the FIR were accepted as true, it could not be established that there was any intention on the part of the accused to abet the commission of suicide by the deceased, who was the husband of the first accused. Consequently, the Court found no mens rea attributable to the accused, thereby ruling out the element of abetment required under Section 306 of the Indian Penal Code (IPC).The single bench of Justice Diyesh A Joshi observed, “Even for the sake of arguments, if the contents of the FIR are to be accepted as it is, it cannot be said that there was any intention on the part of the applicants to abet the commission of suicide by the deceased, who is the husband of accused No.1 and therefore no mens rea can be attributed. Thus, in the opinion of this Court, the very element of abetment is missing from the allegations levelled in the FIR and in absence of the element of abetment from the allegations, the offence under Section 306 IPC would not be attracted.”Gujarat HC Directs Re-Evaluation Of Results For Court Assistant Exam After Minor Error In OMR Sheets, Orders Rectification EffortsCase Title: Vishalkumar Kanubhai Patel Versus High Court Of GujaratLL Citation: 2024 LiveLaw (Guj) 122The Gujarat High Court has mandated a reevaluation of the examination results for two candidates who participated in the Assistant exam for the Subordinate Courts of Gujarat. This decision follows the candidates' appeal concerning their performance in the elimination test held in July 2023, after they made a minor but significant error on their OMR answer sheets. Justice Vaibhavi D. Nanavati has directed that the results be reconsidered, taking into account the candidates' immediate rectification efforts and the minor nature of their mistake.[Espionage Case] Gujarat HC Denies Bail To Ex-Pakistani Citizen Accused Of Transmitting WhatsApp Based Malware To Airforce PersonnelCase Title: Labhshankar Duryodhan Maheshwari Versus State Of GujaratLL Citation: 2024 LiveLaw (Guj) 123The Gujarat High Court has recently rejected the regular bail plea of a man, a former Pakistani citizen who later obtained Indian citizenship, in connection with an alleged espionage case. A single judge bench of Justice MR Mengdey in its order said, that from the record of the case it appeared that on April 3, 2023, a witness in the matter, "who was working in the Airforce", stationed at the Airforce Station Kargil, Jammu & Kashmir, received a WhatsApp message from an "unknown number", asking him to download an APK file. Unable to download it, the witness forwarded the message to his wife's mobile phone, where it was later discovered that the file contained malware intended to procure secret information about India's armed forces.Gujarat High Court Quashes FIRs Against Three Booked For Creating Public Alarm By Forming Telegram Group Advocating Pay Rise For ConstablesCase Title: Kalpesh Vaghabhai Chaudhary Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 124The Gujarat High Court has quashed criminal charges against three individuals accused of conspiring to incite public panic by allegedly forming a Telegram group to advocate for higher pay and additional service benefits for police constables, after noting that no offence was made out against them in the FIRs. In doing so the high court said that merely because a message is spread, it cant be said that due to this message, public tranquility is put in peril and fear has been created in the minds of people. No Direct Involvement In Crime: Gujarat High Court Grants Bail To "Child In Conflict With Law" Accused Of Abetting SuicideCase Title: X v. State of Gujarat & OthersLL Citation: 2024 LiveLaw (Guj) 125 The Gujarat High Court recently granted bail to a 'child in conflict of law' (CCL) accused of allegedly "abetting the commission of suicide" of four deceased persons while observing that he had no direct involvement for the court to "consider...

Gujarat High Court Weekly Round-Up: September 2 - September 8, 2024

Bhavya Singh

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