Improbable To Find Husband's Semen On Wife After 5 Months Of Separation, It Persists For Only Few Days: MP High Court Quashes Charge U/S 377 IPC

After referring to various forensic studies, Madhya Pradesh High Court has held that the husband's semen cannot possibly be found in the anal and vaginal swabs of the wife five months after their separation since the life span of sperms is no more than a few days. The single-judge bench of Justice Anand Pathak observed that the charge under Section 377 IPC [now deleted in BNS] had...

MP High Court Denies CBI Probe In 2007 Fake Encounter Case But Orders State To Pay Rs 1 Lakh Cost For Insensitivity Of Police Dept

In a writ appeal filed by an aggrieved mother to further investigate an allegedly fake police encounter to eliminate dacoits, the Madhya Pradesh High Court has refused to entrust the investigation to the CBI instead of the Crime Investigation Wing. According to the mother, her son was one among the two killed in the encounter back in 2007.Though the court refused CBI's intervention years...

Long-Term Consensual Love Affair Which Did Not Culminate In Marriage Doesn't Entitle Girl To File Rape Case: Madhya Pradesh High Court

Madhya Pradesh High Court recently iterated that sexual acts during the course of a long-term relationship cannot be equated with physical relations occurring on the false pretext of marriage, merely because the lovers got separated later. The single judge bench of Justice Sanjay Dwivedi explained that there are relationships between young boys and girls, accompanied with...

Criminal Antecedents, Facebook Posts Reveal Disrespect For Law: MP High Court Directs For Juvenile To Be Tried By Children's Court

In a matter involving the offence of murder, Madhya Pradesh High Court has allowed a plea for trying a juvenile before the Children's Court, after taking into account his criminal antecedents and Meta (formerly known as Facebook) posts about dominating others. The single judge bench of Justice Subodh Abhyankar held that any leniency shown to the accused will only 'promote his...

PIL In Madhya Pradesh High Court Calls For Improved Air Connectivity, Restoration Of Discontinued Flights From Jabalpur

In a PIL filed for taking the initiative to provide more flights and restore the discontinued flights from the Jabalpur Airport [Dumna Airport], the Madhya Pradesh High Court has permitted the petitioners to implead prominent airlines like Air India, Akasa Airlines, Indigo and SpiceJet. The Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf has also...

OBC Quota: Madhya Pradesh HC Orders State To Pay 50K Cost In Unreserved Candidates' Plea Challenging Separate Merit Lists By MPPSC For 13% Appointments

Madhya Pradesh High Court has instructed the state to pay a cost of Rs 50,000/- for unnecessarily protracting a plea challenging the government circulars to withhold 13% of appointments, yet to be made by the M.P Public Service Commission. The Division Bench of Justices Raj Mohan Singh and Devnarayan Mishra censured the state for its failure to file a reply upon receipt of notice in...

Public Utilities Near Hanuman Temple For Benefit Of Devotees, Not Detrimental To Atmosphere & Ecological Balance: Madhya Pradesh High Court

Recently, Madhya Pradesh High Court refused to interfere in the construction of public utility premises by the Municipal Corporation near a Hanuman Mandir in Narsinghpur. The court reasoned that the construction of Shauchalaya is for the benefit of devotees; such constructions cannot be termed as detrimental to the atmosphere of the temple and ecological balance. The single-judge bench...

'Uniform Civil Code' (UCC) Needed In India To Curb Many Prevalent Fundamentalist Practices Disguised As Faith & Belief: MP High Court

In a significant observation, the Madhya Pradesh High Court last week stressed the need for a Uniform Civil Code (UCC) in India to counteract many 'deprecating', 'fundamentalist', 'superstitious' and 'ultra-conservative' practices prevalent in the society, clothed in the name of faith and belief."There are a lot of other deprecating, fundamentalist, superstitious and...

Madhya Pradesh High Court Denies Bail To Officials Over Allegedly Illegal Hike In School Fees, Sale Of Books With Forged ISBN Numbers

In FIRs registered against several school managements, principals and booksellers for arbitrary fee enhancement and sale of books with forged ISBN numbers, the Madhya Pradesh High Court has refused bail to many officials, including a Protestant Bishop of the Church of North India and a Catholic Priest.The single-judge bench of Justice Maninder S. Bhatti held that office bearers of the...

Alleged Construction In Buffer Zone By Randeep Hooda: Madhya Pradesh HC Directs SDO To Supply Actor With Enquiry Report, Conduct Spot Inspection

Madhya Pradesh High Court has refused to quash a show cause notice issued against Bollywood Actor Randeep Hooda on allegations regarding construction in a buffer zone and instructed the revenue authorities to supply the actor with a copy of the enquiry report and conduct a joint spot inspection in the disputed property. The single-judge bench of Justice Gurpal Singh Ahluwalia...

Bhojshala-Kamal Mosque Row | 'Existing Structure Built From Temple Remains': ASI Submits Survey Report To MP High Court

In a significant development, the Archaeological Survey of India (ASI) has submitted its survey report on the Bhojshala-Kamal Maula Mosque Complex before the Madhya Pradesh High Court. The report concludes that the existing structure (Kamal Maula mosque) was constructed using parts from earlier temples.In its report, the ASI has said that based on scientific investigations and...

If Carried-Forward Seat For PwD Not Filled In Successive Recruitment, Unreserved Category Candidate Becomes Entitled To It: MP High Court

Madhya Pradesh High Court has held that reserved posts that are 'carried forward' to the successive recruitment year for persons with disabilities, shall be filled by General category candidate if no suitable person with disability is available.The single judge bench of Justice Sanjay Dwivedi observed that the term 'shall' has been used in Section 36 of the Persons with Disabilities Act...