Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite the petitioner...

Punjab & Haryana High Court Imposes Rs.1 Lakh Cost On Lawyer For Suppressing Facts In Pre-Arrest Bail Plea

Observing that, "exemplary costs needs to be imposed so that no one could dare to take the Courts for a ride", the Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on a lawyer for suppressing facts in an anticipatory bail application in a murder case.Second anticipatory bail application was filed stating that the first was withdrawn in 2022 without mentioning that an...

Punjab & Haryana High Court Directs State To Pay Rs. 1.5 Lakh Litigation Cost To Disabled Man Booked For Illicit Liquor Trade On 'Mistaken Identity'

The Punjab & Haryana High Court has directed the State of Punjab to pay a litigation cost of Rs.1.5 lakh to a man suffering from 80% locomotion disability, who was booked on "mistaken identity" under the Punjab Excise Act, 1914, for allegedly fleeing with illicit liquor in his vehicle.It was found that he was incapable of driving any vehicle due to Post-Polio Residual Paralysis of lower...

'Proclaimed Offender Cannot Short Circuit System By Filing Petitions Through Power Of Attorney', Punjab & Haryana HC Refuses To Quash FIR On Basis Of Compromise

The Punjab & Haryana High Court has made it clear that a proclaimed offender cannot seek quashing of the FIR on the basis of a compromise by filing petition through Power of Attorney.Justice Jasjit Singh Bedi said, "A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, more so, when he is absconding in multiple cases pending against him."The Court further...

Punjab & Haryana High Court Directs CBI Probe In Land Grabbing Case Involving Civil Judge

The Punjab & Haryana High Court has directed CBI investigation in a Rs. 100 crore land grabbing case involving a Civil Judge Navreet Kaur, who is accused of colluding with the accused persons.The plea was filed by a trust seeking CBI probe in the matter in which the judge was stated to have given favourable orders to the accused. It was alleged that in an unrelated case, the judge...

Being Below Marriageable Age Would Not Deprive Live-In Couple From Fundamental Right To Protection: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that being below marriageable age would not deprive the live-in couple from fundamental right to protection, guaranteed under Article 21 of the Constitution.Justice Arun Monga said, "It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen. Right to human...

Punjab & Haryana High Court Refuses Pre-Arrest Bail To 'Mole' Constable Accused Of Demanding Bribe To Fizzle Down Investigation In NDPS Case

The Punjab & Haryana High Court has rejected the anticipatory bail plea of a constable who was accused of demanding Rs. 10 lacs to fizzle down the investigation in a case involving 280 grams of heroin i.e. commercial quantity recovered from an accused in NDPS Act.Justice Anoop Chitkara said,"it is apparent that the petitioner was aware that Gopal Singh (accused in NDPS) had made illegal...

Lay Guidelines On Filling Up Seats In Private Nursing Institutions That Remain Vacant After Rounds Of Counselling: High Court To Haryana Govt

Observing that Haryana government has "not bothered to notify any such procedure till today", the Punjab & Haryana High Court has directed the State to lay down specific guidelines on filing up of seats that remain vacant after prescribed rounds of counselling in Private aided and unaided Nursing Institutions.A Division bench of Justice Ritu Bahri and Justice Manisha Batra said, "the State...

Cheque Dishonour | Availing One's Legal Remedy Not Abetment To Suicide In Absence Of Specific Allegation Of Harassment: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that availing ones' legal remedy would not amount to the offence of abetment to suicide in absence of any specific allegation of harassment or instigation.The deceased was convicted in a cheque bounce case filed by the petitioners and others under Section 138 of Negotiable Instrument Act, however in a suicide note he alleged that he...

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give credence to the petitioner's assumption,...

Mere Likelihood Of Absconding While On Parole Not Sufficient Ground To Decline Temporary Release: Punjab & Haryana High Court

The Punjab & Haryana High Court recently granted parole to a man convicted for murder and sentenced to life imprisonment observing that likelihood of absconding of the prisoner is not a sufficient ground to reject temporary release. A division bench of Justice Lisa Gill and Justice Ritu Tagore emphasized that the mere likelihood of absconding while on parole was not a sufficient ground...

Punjab & Haryana High Court Weekly Round-Up [October 16 To October 22, 2023]

Nominal Index X v. State of Haryana & Ors. 2023 LiveLaw (PH) 197Kuldeep Singh @ Sonu v. State of Punjab 2023 LiveLaw (PH) 198Nisha rani v. State of Punjab and others 2023 LiveLaw (PH) 199Gursharan Singh v. State of Punjab and others 2023 LiveLaw (PH) 200Rajesh Kumar Sharma and others v. State of Punjab and others 2023 LiveLaw (PH) 201Jyotsana Rawat and others v. State of Punjab and...