Sarpanch Booked For Rape Can't Be Dismissed From Service For 'Misconduct' Under MP Panchayat Raj Avam Gram Swaraj Adhiniyam 1993: High Court

The Gwalior bench of the Madhya Pradesh High Court has recently held that there is a difference between removal of Panchayat office bearers for "misconduct" and their suspension if charged for offences like rape, which are under separate provisions of the state panchayat law. In stating so, the court dismissed an appeal against a single judge bench's order pertaining to a plea seeking removal...

"Modesty Of Women Worshiped In Our Country": MP High Court Refuses To Quash Rape Case On Compromise

The Madhya Pradesh High Court in a case rejected a petition seeking to quash an FIR under Section 482 of the CrPC for charges of rape and criminal intimidation, in spite of a compromise between the parties. Justice Prem Narayan Singh held that offenses like rape, have societal implications, cannot be quashed based solely on a settlement between the accused and the victim.The Justice Prem...

Special Judge, Public Prosecutor 'Prima Facie' Guilty Of Negligence In POCSO Case: Madhya Pradesh HC Remands Matter To Consider DNA Report

While hearing a Protection of Children from Sexual Offences (POCSO) Act case where evidence on a DNA report was not taken, the Jabalpur bench of the Madhya Pradesh High Court said that both the trial court and the Additional District Public Prosecutor (ADPO) are "prima facie" guilty of negligence and dereliction of duty.The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra...

Madhya Pradesh High Court Refuses To Quash Hate Speech FIR Over Instagram Post 'Insulting Religious Beliefs'

Dismissing a man's plea for quashing a FIR registered under Section 153A IPC against him for uploading allegedly offensive material on his Instagram account, the Madhya Pradesh High Court said that that the man's "defence" that the post was uploaded by hacking his account cannot be considered "at this stage". For context, Section 153A of IPC pertains to promoting enmity between different...

Madhya Pradesh HC Quashes 'Unreasoned' Order Of Registrar Amending Trade Union's Name To One Resembling MP Working Journalist Union

The Madhya Pradesh High Court recently set aside an order of the Trade Union Registrar which allowed a trade union to change its name, after Madhya Pradesh Shramjeevi Patrakar Sangh moved a plea claiming that the name of the respondent union was deceptively similar to the Sangh's. In doing so the court said that the Registrar under Section 25(2) of the Trade Unions Act, must verify that a...

IPC Provisions Can't Be Invoked Directly Without Applying Penal Provisions Of GST Act: Madhya Pradesh High Court

The Madhya Pradesh High Court stated that GST authorities cannot bypass the procedural safeguards under the GST Act by directly invoking IPC provisions without first applying the penal provisions of the GST Act. The Division Bench of Justices Sushrut Arvind Dharmadhikari and Duppala Venkata Ramana observed that “GST Act, 2017 is a special legislation which holistically deals...

Gravity Of Offence Should Not Be Considered When Hearing Bail Plea Of Juvenile Sexual Assault Accused: Madhya Pradesh High Court

The Madhya Pradesh High Court at its Indore bench, granted bail to a 14-year-old juvenile accused of sexual assault under IPC Section 376(ab) and the POCSO Act. Justice Sanjeev S. Kalgaonkar presided over the case and stated that the fundamental principles of care and protection of children as per Section 3 of the Juvenile Justice Act, included the presumption of innocence, dignity and...

MP High Court "Shocked" At Police Support To Accused In A Rape Case, Suspects "Deliberate" Rise In Improper DNA Tests In Multiple Rape Cases

The Madhya Pradesh High Court has expressed "shock" at a rape case where conduct of the Police during investigation exhibited "support" to the accused.The bench of Justice G.S. Ahluwalia, while dealing with the anticipatory bail application of an accused involved in gang rape and other charges, observed,“It is really shocking that on one hand, rape on a girl is not only a heinous offense,...

MP HC Flags 'Serious Lapses' Committed During Murder Probe, Orders Formation Of Serious Crimes Investigation Supervising Teams In Every District

A single bench of the Madhya Pradesh High Court presided over by Justice Subodh Abhyankar, has raised concerns about the quality of investigations in serious criminal cases. The present case involved the bail application of Sumit Singh, accused of involvement in a 2020 robbery and murder case. The applicant's sixth bail plea under the newly implemented Bharatiya Nagrik Suraksha Sanhita...

Children's Only Motive To Prolong Proceedings, Cant Be Allowed At Senior Citizen Father's Cost: MP High Court In Property Dispute Case

The Jabalpur bench of the Madhya Pradesh High Court, dismissed a plea moved by the children of a senior citizen father against an order by the Sub Divisional Officer (Revenue)-cum-Maintenance Tribunal, removing the children from the alleged ancestral property. The case pertained to the application of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and the children's claim...

Madhya Pradesh High Court Protects Zambian Woman From Deportation For 2 Months, In View Of 1-Year-Old Son's Pending Passport Plea

The Gwalior bench of the Madhya Pradesh High Court granted interim protection of two months to a Zambian national who was facing deportation after expiry of her visa, after noting that her marriage registration to an Indian citizen and son's passport application was pending. The high court passed the order after Loveness Chinyama (petitioner 2) wife of an Indian national Rahul Raj Pippal,...

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned.Justice Subodh Abhyankar sitting at Indore observed,“Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that the Legislature,to the...