Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court

The Meghalaya High Court recently ruled that an application under Section 12 of the Domestic Violence Act is not a complaint and the procedure and proceedings under Sections 200(Examination of complainant), 202(postponement of issue of process) and 204 (Issue of Process) CrPC cannot be pursued by the parties or by the Magistrate.The observations were made by a bench comprising Justice W....

Meghalaya High Court Asks State To Devise Schemes, Provide Alternate Livelihoods To Wean Out People Indulging In Rat-Hole Mining

As a mechanism to wean out people indulging in rat hole mining in the hilly state, the Meghalaya High Court on Tuesday suggested the State Government to devise schemes to provide alternative livelihood to the people who have taken to dangerous mining methods for want of opportunities.A division bench comprising Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew Hon’ble and Mr. Justice...

CBI's Jurisdiction Ceases If Chargesheet Lacks PC Act Offences; Specific State Consent Needed To Prosecute: Meghalaya High Court

The Meghalaya High Court recently ruled that the CBI is well within its right to investigate offences under IPC provided they are in nexus with offences under prevention of corruption act. However when the offences under the provisions of the PC Act are dropped from the chargesheet, for CBI to continue its prosecution, specific consent of the State is required as Jurisdiction of the CBI...

Meghalaya High Court Weekly Round Up: February 6 To February 12, 2023

Nominal Index:Shri. Saket S. Gokhale Vs. Election Commission of India & Ors 2023 LiveLaw (Meg) 5Shri Bhalang Shylla & Anr. v. State of Meghalaya 2023 LiveLaw (Meg) 6Shri. Momin Miah Vs State of Meghalaya & Anr. 2023 LiveLaw (Meg) 7In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya v. State of Meghalaya 2023 LiveLaw (Meg) 8Union of India Vs Bina Khongbuh & ors...

Consistency & Finality Of Judgements Paramount Over Correctness In Order To Ensure Judicial Discipline: Meghalaya High Court

The Meghalaya High Court on Thursday declined the impassioned plea on behalf of the Union Of India to at least observe that the judgment or the decision of November 29, 2021 which was being impugned in a Review petition before it, may not operate as a precedent. A Division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed, "Judicial discipline commands that...

‘No Doubt Local Officials Are Involved’: Meghalaya HC Full Bench Orders Deployment Of Central Armed Forces To Prevent Illegal Coal Mining

The Meghalaya High Court has taken a tough stand against the rampant illegal coal extraction and transportation within the State. While sounding the bell of caution for the probable outcomes of such unscientific mining, a Full Bench comprising Chief Justice Sanjib Banerjee, Justice H.S. Thangkhiew and Justice W. Diengdoh observed, “Without intending to sound apocalyptic or seeking...

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

The Meghalaya High Court on Tuesday observed that the statement of an alleged victim girl in a POSCO case has a telling effect with regard to the fate of the criminal case as the sole testimony of a reliable witness, more so, when alleged victim of sexual assault will persuade and convince the court as to whether a case has been made out or not as far as conviction is...

Can't Turn Blind Eye To Heinous Crime Of Rape On Victim's Change Of Heart: Meghalaya High Court Refuses To Quash POCSO Case

The Meghalaya High Court on Monday dismissed a petition under Section 482 of Cr.PC. praying for quashing and setting aside a FIR under section 376/506 IPC and Section 4 of the POCSO Act, 2012 on the ground that the parties have come to amicable settlement. The court held:“It may be true that after a change of heart or on extraneous circumstances, the petitioner No. 2 (victim)...

Meghalaya High Court Dismisses Saket Gokhale's Plea Seeking Action Against NPP For Violation Of Electoral Rules

Finding the maintainability of the writ petition filed by All India Trinamool Congress spokesperson Saket Gokhale to be barred by Article 329(b) of the Constitution, the Meghalaya High Court on Friday dismissed his plea seeking action against the National People's Party (NPP) for not filing its election expenditure report within 75 days of the conduct of the State Assembly Elections 2018.In...

Consensual Relationship Leading To Child Birth: Meghalaya High Court Quashes POCSO Case

The Meghalaya High Court has quashed proceedings under the POCSO Act on the ground that the victim was in an intimate and consensual relationship with the accused and both have agreed to stay together as husband and wife. While allowing the petition, Justice W. Diengdoh observed: “this is one such case where a young couple about to cross their years of adolescence have got...

‘State Of Anarchy Brought About By Govt’: Meghalaya High Court Raps State For Aiding Illegal Coal Mining, Unlicensed Plants

The Meghalaya High Court has pulled up the State Government for its inaction against illegal coke plants functioning in the state.While expressing severe disappointment, the Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: “It is a matter of crying shame that despite orders of the Supreme Court, no less, a state of anarchy is brought about by the...

Transfer Application Of CAPF Personnel Can't Be Kept In Limbo Merely Because New Procedure Is Yet To Be Evolved: Meghalaya High Court

The Meghalaya High Court on Tuesday held that transfer application of a CAPF personnel shall not be kept in halt on the ground that earlier procedure has been kept in abeyance or a new procedure has not yet been evolved.The division bench comprising Justice Sanjib Banerjee, Chief Justice and Justice W. Diengdoh observed,"There is no doubt that a new body or a new procedure will be put...