S.193(9) BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court: Rajasthan High Court

Rajasthan High Court has clarified that in light of proviso to Section 193(9) of the Bharatiya Nagrik Suraksha Sanhita (“BNSS”), where the police has already filed the report following investigation against the prime accused, no further investigation can be carried out without the permission of the trial court.Section 193 talks about report of police office on completion of investigation...

Disciplinary Authority "Coerced" By Chief Vigilance Officer: Rajasthan High Court While Reversing SBI Branch Manager's Removal From Service

While quashing an order of the SBI's disciplinary authority removing a branch manager for alleged misconduct, the Rajasthan High Court observed that the authority altered its punishment from "lowering of scale" to "removal of service" on the advice and "coercion" by the concerned Chief Vigilance Officer (CVO). The court further observed that the disciplinary authority had "kneeled down"...

FIR For Offences Committed Before July 1 2024 To Be Lodged Under IPC Even After Enforcement Of BNS: Rajasthan High Court

The Rajasthan High Court has clarified that for a crime committed before July 1, 2024—the date when three new criminal laws came into effect—if an FIR is filed on or after July 1, the provisions/offences of the Indian Penal Code (IPC) will have to be invoked, and in such cases, the offences outlined in the Bharatiya Nyaya Sanhita (BNS) will not apply. The Court,...

Mere Filing Of FIR/Chargsheet Not Enough To Reject Candidature, Each Case Must Be Examined To Determine Involvement Of Moral Turpitude: Rajasthan HC

Setting aside the rejection of the candidature of a meritorious candidate for the post of a government teacher, the Rajasthan High Court has ruled that in the event of filing of a criminal complaint against the candidate, the Government is required to scrutinize the matter considering the facts involved to reach a decision, whether the act done by the candidate involved moral turpitude that...

'Cannot Be Taken Lightly': Rajasthan HC Takes Exception To Party's Concealment Of Coordinate Bench Order, Imposes ₹5 Lakh Cost

The Rajasthan High Court imposed a cost of Rs. 5 lakhs on a petitioner for concealing an order passed by a coordinate bench of the Court in the petitioner's other writ petition with similar prayers and filing the current petition in violation of the earlier order.The bench of Justice Dinesh Mehta was hearing a petition filed by the Indira Education Institute of Nursing seeking directions to...

Rajasthan HC Expands Scope of Section 95 BNSS To Include Telecom, Service Providers For Compelling Production Of Material Relevant To Trial

The Rajasthan High Court recently allowed a murder accused's plea under Section 94 BNSS by treating it as one filed under Section 95 BNSS, thereby expanding the provision's (Section 95) scope in the peculiar facts of the case and directed the trial court to obtain the call and location details of the witnesses in the case. For context section 94, BNSS provides that any court or officer in...

Can't Expect State To Immediately Inquire Into Removal Of Municipality's Members, Without Looking At Facts: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court recently observed that when several complaints are filed against elected representatives, then State cant be expected to immediately commence inquiry to remove members of a municipal authority under the Rajasthan Municipalities Act without ascertaining the facts first. In observing so, the high court said that the "fact finding exercise" conducted...

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order...

Rajasthan High Court Sets Aside Bail Cancellation, Proclamation Proceedings And Action Against Surety U/S 446 CrPC In Rash Driving Case

Reiterating that trial court's discretion to cancel bail must be preceded with a notice to the accused to defend themselves, the Jodhpur bench of the Rajasthan High Court recently set aside an order cancelling a man's bail which also declared him an "absconder" in a rash driving case. A single judge bench of Justice Arun Monga set aside a magisterial court's order which had further...

Rajasthan HC Upholds 33-Year-Old Conviction For Culpable Homicide Not Murder But Orders Release Of Convicts Citing Their "Long Ordeal"

While upholding a 33-year-old order convicting four men for culpable homicide not amounting to murder, the Jaipur bench of the Rajasthan High Court reduced their seven year sentence to period already undergone in prison observing that they had to pass through a long ordeal both mentally and financially. A single judge bench of Justice Anoop Kumar Dhand in its September 19 judgment said,...

[Land Revenue Act] Recovery Was Initiated Without Any Order Recalling Subsidy For Being Wrongly Granted: Rajasthan HC Sets Aside Proceedings

Rajasthan High Court set aside a recovery notice issued by the State Government under the Land Revenue Act to the petitioner for recovering the amount of wrongly issued subsidy observing that the recovery proceedings were initiated directly without there being any order passed for recalling the subsidy, solely based on the objection raised by the auditors towards granting of the subsidy.The...

Can ST Women Without Dissolution Decree Be Considered Under ST (Divorcee) Category For Public Employment: Rajasthan HC Refers To Larger Bench

Faced with a situation of two conflicting decisions by two division benches, the single bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has referred the question of whether a Scheduled Tribe woman can be considered for appointment for a government post under the divorcee category without having decree of dissolution from the competent court before the last date of submission of...