Madhya Pradesh High Court
"Vindictive": MP High Court Quashes Suspension Of Cop Who Raided IAS Officer's Farmhouse Over Gambling Allegations
The Madhya Pradesh High Court has quashed the suspension of a police officer who raided a farmhouse allegedly involved in an illegal gambling racket, later found to belong to a serving IAS officer, observing that the suspension was arbitrary and vindictive rather than based on administrative exigency.The bench of Justice Jai Kumar Pillai observed; "The immediate issuance of the suspension...
Bhojshala Temple-Kamal Maula Mosque Row | ASI Records, Inscriptions Show Temple Existed At Site: Hindu Petitioners Tell MP High Court
In the ongoing proceedings over the Bhojshala Temple-Kamal Maula Mosque dispute, Kuldeep Tiwari, one of the petitioners, argued that the inscriptions found at the site clearly establish the remains of a Temple. The dispute concerns Bhojshala, an 11th-century monument protected by the Archaeological Survey of India. Hindus regard the site as a temple dedicated to Vagdevi, or Goddess...
MP High Court Refuses To Quash FIR Under Anti-Conversion Law, Says Minor's Statement Prima Facie Implicates Accused
The Madhya Pradesh High Court has dismissed a petition seeking the quashment of criminal proceedings against one Hemraj Tailor for allegedly forcing a family to convert to Islam under Sections 3 and 5 of the MP Freedom of Religion Act and Section 506 IPC. The bench of Justice Sandeep N Bhatti observed,"Looking to the seriousness of the allegations made in the petition regarding pressurizing...
Sharing Urdu Poetry Without Commentary Or Incitement Doesn't Promote Enmity Between Religious Groups: MP High Court
The Madhya Pradesh High Court has quashed an FIR against a government school teacher for sharing an Urdu poem on WhatsApp status, observing that the act of sharing the poem without any additional commentary or any intention to incite would not constitute the offence under Section 353(2) of BNS for promoting enmity or public mischief. The bench of Justice BP Sharma observed; "the act of...
Mere Call Detail Records Can't Establish Criminal Conspiracy Without Proof Of Conversation Contents: MP High Court
The Madhya Pradesh High Court, while quashing criminal proceedings against a constable of the crime branch for criminal conspiracy, observed that in the absence of contents of communication, the mere existence of calls without substantive content demonstrating prior meeting of minds cannot by itself constitute criminal conspiracy under Section 61(2) of BNS. The bench of Justice Himanshu...
Plea Against Double Jeopardy Can't Be Rejected On Ground Of Delay: MP High Court
The Madhya Pradesh High Court has held that the applications invoking the doctrine of double jeopardy cannot be rejected merely on grounds of delay or the need to lead evidence, emphasizing that protection from double jeopardy is a constitutional and fundamental right and can be invoked at any time during the trial. The bench of Justice Subodh Abhyankar observed; "when such an...
Bhojshala Temple-Kamal Maula Mosque Dispute: Jain Community Also Seeks Right To Offer Prayers At Disputed Site
In the ongoing proceedings over the Bhojshala Temple-Kamal Maula Mosque dispute, the Jain Petitioners on Wednesday (May 6) argued that the architectural features of the disputed site have similarities with the Dilwara Jain Temples located in Mount Abu. The dispute concerns Bhojshala, an 11th-century monument protected by the Archaeological Survey of India. Hindus regard the site as a...
S.361 IPC | Merely Accompanying Minor Who Left Home Voluntarily Not Kidnapping From Lawful Guardianship: MP High Court
The Madhya Pradesh High Court has clarified that an adult merely accompanying a minor who has left home voluntarily of their own accord would not constitute the offence of kidnapping from lawful guardianship. For context, Section 361 IPC reads that any person who takes or entices a minor (under 18 years in case of females) out of the custody of a lawful guardian without the consent of...
Restriction On Minority Educational Institutions' Right To Choose Institute Head Violates Article 30(1): MP High Court
The Madhya Pradesh High Court has held that the right of minority aided educational institutions to choose the head of their institute cannot be restricted, as the same would amount to a violation of Article 30(1) of the Constitution. The division bench of Justice Anand Pathak and Justice Anand Singh Bahrawat observed; "Any restriction on the right of the minority management to appoint a...
MP High Court Issues Notice On PIL Seeking Regulation Of E-Rickshaws, Restriction On Their Plying On Highways
The Madhya Pradesh High Court has issued notice on a public interest litigation raising concerns regarding the unregulated operation of e-rickshaws in the State.The division bench of Justice Anand Pathak and Justice Pushpendra Yadav, after recording preliminary arguments on admission, directed; "Issue notice to the respondents on payment of process fee within seven working days, returnable...
Even If Inquiry Is Vitated, Punishment Can Stand If Misconduct Is Independently Established: MP High Court
The Madhya Pradesh High Court has upheld the disciplinary authority's order of compulsory retirement of a Branch Manager working in MP Gramin Bank, despite acknowledging procedural flaws in the disciplinary inquiry conducted against him.The bench of Justice Ashish Shroti observed that the procedural lapses vitiated the inquiry, but the independent evidence of financial misconduct was...