High Court Can Direct CBI Probe Even When FIR Is Not Lodged In Case, State's Consent Not Required: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that a High Court can transfer a probe to CBI even when the FIR is not lodged in the case and for passing such a direction, the consent of the State will not be required.Justice Sumeet Goel said, "The High Court is well empowered to direct a CBI investigation, of a cognizable offence, alleged to have been committed within the territory of...

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs....

Contraband Smuggled In By Drones From Pakistan, Masterminds Behind Illegal Trafficking Can't Be Granted Bail: Punjab & Haryana HC

The Punjab & Haryana High Court has refused to grant bail to a man accused of illicit trafficking of 50 grams of heroin, observing that "the quantity involved is categorized as "Intermediate Quantity" does not, by itself, bestow an automatic right to bail.Justice Sandeep Moudgil said, "merely because the quantity involved is categorized as "Intermediate Quantity" does not, by itself,...

Punjab & Haryana HC Sets Aside Non-Bailable Warrant Issued Against News Anchor Syed Sohail In POCSO Case

The Punjab and Haryana High Court has set aside the order of a trial court in Gurugram that cancelled the bail and issued a Non-Bailable Warrant (NBW) of arrest against TV News Anchors and Journalist Mohammad Sohail (working with Republic Bharat) in connection with a 2013 POCSO case for his non-appearance in court on one day. A bench of Justice Nidhi Gupta directed him to...

'Alarming Escalation': Punjab & Haryana High Court Lays Down Guidelines For Curbing VISA Fraud & False Implications

Observing that visa fraud if left unchecked could "tarnish the nation's reputation on a global scale and undermine the integrity and legality of immigration systems, where one can already feel the headwinds," the Punjab & Haryana High Court said that when such a case is registered the concerned agency must verify the claim and the complainant's credentials. The Court said, "whenever an FIR...

'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty Of Man Convicted For Rape And Murder Of Minor Girl

The Punjab & Haryana High Court on Thursday confirmed death sentence of a man convicted for the rape and murder of a 3-year-old girl in 2018, observing that the "gruesome murder" of a girl child after committing rape upon her is an example of "monster like conduct of the convict."A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma agreed with the reasoning given by...

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual assault...

Allowing People To Stay All Night At Pubs Will Hamper Indian Society: Punjab & Haryana High Court On Sale Of Liquor After Midnight

The Punjab and Haryana High Court has questioned Haryana government's excise policy to permit the sale of liquor beyond midnight in Gurugram and Faridabad, observing that policy makers should consider Indian culture and literacy rate to understand repercussion of excessive drinking is "yet a far reaching goal."Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth said, "While the...

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having been furnished with proper legal advice cannot constitute...

Conducting Illegal Business Of Railway Ticket Booking Is Cognizable But Bailable Offence: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the offence of carrying illegal business of ticket booking under the Railways Act (Section 143) is bailable and cognizable, even when the Act does not explicitly declare the offense as "Bailable”.The Court thus granted anticipatory bail to the accused and explained,“Although the Railways Act, 1989 does not explicitly declare the offense...

'Surprising' That Pre-Arrest Bail Denied In 3gm Heroin Case, Punjab & Haryana HC Says Courts Must Not Deny Bail In Minor Offences Despite Criminal History

Expressing surprise that pre-arrest bail was rejected by the Sessions Court to an accused in case involving merely 3 grams of heroin, the Punjab & Haryana High Court said that bail should not be rejected in minor offences on the ground that accused has criminal history.The High Court said, "Although the legal system upholds the principle that crime, not the individual, should be...

Punjab & Haryana High Court Suspends Delhi AAP MLA Naresh Yadav's Sentence In Quran Sacrilege Case

The Punjab & Haryana High Court today suspended the sentence of Delhi MLA from Aam Admi Party Naresh Yadav in 2016 Quran desecration case.Yadav along with two others were sentenced by Punjab's Marlerkotla Appellate Court a week ago, to two years rigorous imprisonment for outraging feelings of a particular community under Sections 295-A, 153-A read with Section 120-B IPC.Justice Mahabir...