Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Citations: 2024 LiveLaw (MP) 134 to 2024 LiveLaw (MP) 338Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High CourtCase Title: Abhishek Arjariya Vs. The State Of Madhya Pradesh & AnotherCitation: 2024 LiveLaw (MP) 134Madhya Pradesh High Court has ruled that a married woman engaging in a continuous sexual relationship with another man cannot resort to the plea that her consent was obtained based on a false promise to marry.The single-judge bench of Justice Sanjay Dwivedi relied on several apex court judgments to iterate that consent cannot be regarded as one that has been obtained based on a misconception of fact when the prosecutrix was a married woman on the date of developing physical relations with the accused. From the factual circumstances, the court also inferred that it was a consensual relationship that continued for over 8 years before the prosecutrix obtained a decree of divorce from her husband in 2019.Waqf Tribunal Can't Entertain Pending Property Suits If Instituted Prior To Commencement Of Waqf Act: MP High CourtCase Title: Smt. Rubab Bai & Ors v. Madhya Pradesh Wakf Board & Ors.Citation: 2024 LiveLaw (MP) 135Madhya Pradesh High Court has recently held that the Waqf Tribunal does not have the jurisdiction to decide cases pending before civil courts regarding the nature of ownership of the disputed property, instituted before the commencement of the Waqf (M.P. Amendment) Act, 1994. Accused Has No Right Of Pre-Audience Before Registration Of An FIR: Madhya Pradesh High CourtCase title - Abhishek Pandey vs The State Of Madhya Pradesh And OthersCase citation: 2024 LiveLaw (MP) 136The Madhya Pradesh High Court has held that an accused cannot claim a right of hearing before an FIR is registered, and hence, an FIR cannot be quashed on the grounds that the accused was not heard before the registration of the offence.A bench of Justice Gurpal Singh Ahluwalia observed thus while dismissing a petition filed by one Abhishek Pandey challenging two FIRs lodged against him on the allegations of forcibly entering the school and abusing the staff. If Carried-Forward Seat For PwD Not Filled In Successive Recruitment, Unreserved Category Candidate Becomes Entitled To It: MP High CourtCase Title: Satish Kumar Mishra v. M.P. Public Service Commission District Indore & Ors.Citation: 2024 LiveLaw (MP) 137Madhya 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 (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It thus held that such reserved posts remaining should be given to eligible candidates from the unreserved category if there are no suitable persons with any of the categorical disabilities.Long-Term Consensual Love Affair Which Did Not Culminate In Marriage Doesn't Entitle Girl To File Rape Case: Madhya Pradesh High CourtCase Title: Nageshwar Prasad Jaisal v. State of Madhya Pradesh & Anr.Citation: 2024 Live Law (MP) 138Madhya Pradesh High Court reiterated 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 physical relations, that couldn't culminate in marriage years later; this in itself cannot be a ground to say that the accused failed to fulfill his promise to marry the prosecutrix. In such instances, the consent given by the prosecutrix for physical relations can't be said as obtained by a misconception of fact. MP High Court Denies CBI Probe In 2007 Fake Encounter Case But Orders State To Pay Rs 1 Lakh Cost For Insensitivity Of Police DeptCase Title: Smt. Janka Kewat (Deleted) Through Lr Shri Balkishan v. Union Of India And OthersCitation: 2024 LiveLaw (MP) 139In 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. 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 IPCCitation: 2024 Live Law (MP) 140After 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...

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Anukriti Mishra