'Prima Facie' Observation By Magistrate While Directing Registration Of FIR Under Section 156(3) CrPC Not Cognizance: MP High Court

The Madhya Pradesh High Court has said that a prima facie observation made by the Magistrate that a cognizable offence is made out while directing registration of an FIR on a private complaint under Section 156(3) would not amount to taking cognizance of the offence. It said that the magistrate merely recording that a "prima facie" cognizable offence is made out without recording statements...

MP High Court Grants Bail To Man Accused Of Eating Sambar Deer, Says No Link Between Him & Meat Recovered From Spot

Granting bail to a man accused of cooking and eating the meat of Sambar deer in the PWD guesthouse at Nagod, the Madhya Pradesh High Court observed that the forest officials failed to establish a link between the applicant with the recovered meat as the FSL report was still awaited.The court also observed that no body part of Sambar deer was found from which it can be inferred that the...

MP High Court Upholds Order Rejecting Specific Performance Suit Noting That Plaintiff Was Never 'Ready & Willing' To Perform His Part

The Madhya Pradesh High Court upheld a trial court order which dismissed the plaintiff's suit for specific performance with respect to sale of a property after finding that he was never ready and willing to perform his part of the contract with respect to purchasing the property. The high court remarked that there was a distinction between readiness and willingness; while Readiness means that...

MP High Court Grants Anticipatory Bail To Woman Booked In Cheating FIR For Developing 'Unauthorized Colony'

The Madhya Pradesh High Court granted anticipatory bail to a woman accused of developing an unauthorised colony and selling plots in Sagar District without the requisite permissions. The court directed the applicant to cooperate with the investigating agency and shall also appear on the date and time, as directed by the Investigating Officer. The woman has been booked for cheating (Section...

Investigating Officer Can't Keep Probe Pending But Court Can't Give Direction To File Chargesheet: MP High Court

In a petition seeking directions to the police to file a charge sheet in an attempt to murder case, the Madhya Pradesh High Court underscored that while Investigating Officer cannot keep the investigation pending, however the court cannot direct filing of chargesheet as it amounts to supervising the probe. Justice Milind Ramesh Phadke referred to Supreme Court's decision in D....

'Prolonged Pre-Trial Detention Anathema To Liberty': MP High Court Grants Bail To Rape Accused Where Victim Turned Hostile

While granting bail to a man accused of rape, the Madhya Pradesh High Court remarked that prolonged pre-trial detention is an anathema to liberty after noting that the trial was not likely to conclude in the near future and that the prosecutrix had turned hostile. Justice Milind Ramesh Phadke observed:"Considering the overall facts and circumstances of the case, nature of allegations and...

MP High Court Denies Anticipatory Bail To 'Journalists' Accused Of Assaulting, Using Casteist Remarks Against Teacher

The Madhya Pradesh High Court upheld a trial court order denying anticipatory bail to two men stated to be journalists booked for assaulting and using casteist remarks against a scheduled caste school teacher. The court also said that the news article which was published in relation to the teacher described her as a 'Chindi Chor' meaning petty thief and thus the intention to insult...

Injuring Vital Body Part Without Intention Not Attempt To Murder: MP High Court Upholds Acquittal Of Accused Who Hit Neighbour's Head

The Madhya Pradesh High Court upheld a trial court order acquitting two men accused of 'attempt to murder' by hitting the heads of complainants with a wooden log, holding that merely inflicting injury on a vital body part without intention to kill does not attract IPC Section 307. The bench of Justice Vivek Rusia and Justice Jai Kumar Pillai observed;"There was no previous enmity between...

MP High Court Denies Bail To Lawyer Accused Of Raping, Trafficking Minor Girl Citing Specific Allegations Needing Detailed Probe

The Madhya Pradesh High Court refused to grant bail to an advocate practising in the District Court accused of raping and dragging minor girl into trafficking, who had named the accused after she recollected it later during court proceedings, observing that there were specific allegations levelled against the accused. The bench of Justice Vishal Mishra observed that as per the record, "during...

'Effort To Harass': MP High Court Upholds Refusal Of Sanction To Prosecute Health Officials Who Searched Ayurvedic Doctor's Clinic

The Madhya Pradesh High Court dismissed an appeal of a BAMS doctor challenging the State Government's refusal to grant sanction to prosecute the inspection team that searched his clinic in Ujjain, observing that the complaint was nothing but an effort to harass the inspection team who were discharging their duties. The Division bench of Chief Justice Sanjeev Sachdeva and Justice Pavan...

MP High Court Orders State To Compensate Widow Of Govt Employee Tasked With Arranging Buses For Migrant Labourers During Pandemic

The Madhya Pradesh High Court directed release of compensation under Mukhyamantri Covid-19 Yoddha Kalyan Yojana to the widow of government department official, ruling that the only requirement under the scheme was that the death must occur while serving during Covid-19 pandemic which was fulfilled in this case. The court noted that the deceased was tasked with assigning ambulances and...

Absence From Duty Not Always Misconduct: MP High Court Quashes Penalty Of Head Constable For Going On 99-Day Leave Due To Illness

The Madhya Pradesh High Court set aside punishment imposed on a head constable whose one increment was withheld indefinitely for alleged unauthorized leave for 99 days due to his own and his father's illness which it said was not considered by the authorities.The court also reiterated that remaining absent from duty may not a misconduct in itself unless it is intentional. Justice Ashish...