Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court

The Kerala High Court has quashed the criminal proceedings initiated against a 51-yr-old woman accused of threatening and hurling abuses at a police officer over phone, upon finding that the same would not attract the offence under Section 294(b) ('Obscene acts and songs') of IPC, that she had been charged with.Justice P.V. Kunhikrishnan discerned that in order to attract the offence...

Failure To Question Accused U/S 313 Cr.P.C. Vitiates Entire Proceedings: Kerala High Court

The Kerala High Court on Monday laid down that the failure to question an accused under Section 313 (1) (b) of Cr.P.C. would vitiate the entire proceedings. Section 313 (1)(b) states that "in every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court shall, after the witnesses for the prosecution...

Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court

The Kerala High Court on Thursday granted permission to a person accused of committing the offence punishable under Section 498A (Cruelty to woman by husband or his relative) IPC, to pursue higher studies in Australia, despite the police not having submitted the final report in the case. "...it is evident that, since the date of the surrender, he has been cooperating with the investigation...

Exorbitant Air Price Tickets To Gulf Countries: Kerala High Court Seeks Response Of Centre, Kerala Govt

A plea has been moved in Kerala High Court by the Managing Director of Safari Group Of Companies challenging the exorbitant airfares to Gulf Countries.Justice Devan Ramachandran has sought response from the Central and State Government regarding the exorbitant air ticket price hikes to Gulf countries. The Court also remarked that this was a serious issue requiring attention as it impacts...

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC.Justice C.S. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji (2018) and observed thus:“In Sobhanakumari K. vs. Santhosh @ Pallan Shaji [2018 (1) KHC 195],...

[HMGA, Guardians & Wards Act] Mother Can Act As Natural Guardian Of Minor During Lifetime Of Father Who Is 'Absent': Kerala High Court

The Kerala High Court has held that a mother can validly execute a document on behalf of her minor children as their natural guardian even during the lifetime of the father, if he is not involved in the lives of the minors and was deemed as absent.Justice A. Badharudeen relied upon Section 6 (a) of the Hindu Minority and Guardianship Act (HMG) and the decision of the Apex Court in Gita...

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint.Justice C.S. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court observed thus:“It is...

Courts To Pass Speaking Orders While Rejecting Discharge Application U/S 239 CrPC: Kerala High Court

The Kerala High Court on Monday laid down that a speaking order would have to be passed by the Court which considers and rejects an application for discharge under Section 239 of Cr.P.C. Justice N. Nagaresh, relied upon the Apex Court decision in Ghulam Hassan Beigh v. Mohammad Maqbool Magrey (2022), wherein the Court had observed that all that is required at the time of framing of charge is...

Kerala High Court Seeks State's Response On Plea Against Discontinuation Of Annual Grant To OBC Junior Advocates

A plea has been moved in Kerala High Court against the non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme.Justice Devan Ramachandran has sought response from the Government of Kerala and the Directorate of Backward Classes Development Department regarding the discontinuation of...

Can't Grant Anticipatory Bail To Rape Accused Merely Because He Was Aged Only 18 Yrs When Alleged Offence Was Committed: Kerala High Court

The Kerala High Court has rejected the plea moved by a man accused of committing rape on his disabled cousin sister, seeking anticipatory bail on the ground that he was only 18 years old when the alleged offence was committed.Justice Gopinath P. observed thus:“Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the...

For Annulment Of Sale Deed, Executant Must Seek Its Cancellation Whereas Non-Executant Must Seek Declaration Of Its Invalidity: Kerala High Court

The Kerala High Court held that when a sale deed has to be annulled by an executant to a sale deed, he must seek cancellation of the deed. And when a non-executant to sale deed wants to get it annulled, he must seek a declaration that the deed was invalid, non-est in law, illegal or not binding on him.Justice A. Badharudeen observed thus:“Thus, the legal position emerges is that, when there...

Kerala High Court Sets Aside Bail Granted To POCSO Accused Over Delayed Reporting, Points Typo In Date Of Crime Mentioned In FIR

The Kerala High Court recently set aside a Sessions Court order granting anticipatory bail to 57 years old man accused of sexually assaulting a minor aged 7 years, on the ground that the alleged delay in registering the crime was on account of a typographical error in the FIR qua the date of commission of the offence. Justice Gopinath P. thereby directed the Sessions Court to reconsider the...