Criminal Law Roundup | A quick recap of top criminal law cases from October 2024

BAIL

Supreme Court grants bail to murder accused after two years; Notes six co-accused already released

In a special leave petition filed against the judgment and order passed by the Rajasthan High Court, wherein the High Court rejected the 5th bail application filed by the accused, who was a young boy of merely 18 years of age at the time of commission of offence, the division bench of Vikram Nath and Prasanna B. Varale, JJ. while noting that the accused has been in custody for more than two years, and six accused persons have already been granted bail including the main assailant who had used the firearm weapon, released him on bail. Read more

‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife

In a petition filed by a victim of sexual abuse to highlight the procedural lapses and tampering of evidence by the police in handling her case, a Single Judge Bench of Rajarshi Bharadwaj, J. found that the matter reflected severe lapses in the procedure adopted by the police to handle the matter and raised concerns about the integrity of the investigation and cancelled the bail as well as the anticipatory bail granted to the accused. Read More

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

In the present case, applicant sought bail in a case registered with Sillod City Police Station, Aurangabad, for the offences punishable under Sections 120-B, 182, 193, 419, 420, 468, read with Section 347 of the Penal Code, 1860. A Single Judge Bench of S.G. Mehare, J., opined that even if the trial was not concluded within 60 days as prescribed under Section 437(6) of the Criminal Procedure Code, 1973 (‘CrPC’), that did not give a right to bail for default and the term “shall” used in Section 437(6) was discretionary. The Court opined that as applicant had no good past, thus, apprehension of her absconding was also justifiable. Therefore, the Court dismissed the bail application. Read More.

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

In a petition filed by the petitioner under Section 438 of the Criminal Procedure Code, 1973 seeking anticipatory bail, Anoop Chitkara, J., stated that the evidence collected was primarily documentary, and pointed towards the petitioner’s involvement, knowledge and awareness of the fraud perpetrated by her and her husband. There was sufficient prima facie evidence connecting the petitioner with the alleged offense. The Court further stated that although the evidence might be prima facie sufficient to launch prosecution or to frame charges and even to deny anticipatory bail, the Court was considering granting her bail. Given the sensitive nature of this stage, the absence of a mother’s direct involvement could detrimentally affect the child’s emotional resilience, adaptation, and overall well-being, the Court granted anticipatory bail to the petitioner. Read More

‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail

The present application was filed by applicant under Section 439 of the Criminal Procedure Code, 1973 in respect of a case registered at Police Station Sonala, District Buldhana for the offences punishable under Section 8(c), 20(b)(ii)(C), 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’). A Single Judge Bench of Urmila Joshi-Phalke, J., noted that the definition of ‘ganja’ under the NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excluded the seeds and leaves when not accompanied by the tops. The definition of ‘ganja’ was restricted, and it did not include the seeds and leaves of the plant. The Court thus opined that what was seized was the plants, i.e., leaves, seeds, stems, and stalks and without separating the same, the ganja was weighed. Therefore, the Court released applicant on bail. Read More

‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail

In an application seeking bail under Section 439 of the Criminal Procedure Code, 1973 (CrPC), a single-judge bench of Rajendra Prakash Soni, J., dismissed the bail application due to the serious nature of the allegations and the significance of the injuries inflicted upon the complainant, i.e., disfigurement caused by cutting off the complainant’s nose. Read More

MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children

In a writ petition seeking quashment of an FIR registered against the petitioner, who operates an orphanage, for alleged involvement in male trafficking under Section 370 of the IPC, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR alleging male trafficking as the essential elements of Section 370 IPC were absent. Read More

Bombay HC grants relief to Shiv Sena leader for allegedly making bizzare gestures/utterances against a female journalist

The present appeal was filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC & ST Act’) challenging the order dated 29-08-2024 passed by the Special Judge, Kalyan whereby the application for grant of pre-arrest bail under provisions of Section 482 of the Nagarik Suraksha Sanhita, 2023 in connection with a case registered with Badlapur Police Station under Sections 74 and 79 of the Nyaya Sanhita, 2023 ‘(BNS, 2023’) and under Sections 3(1)(w)(ii) and 3(2)(v-a) of the SC & ST Act was rejected.

A Single Judge Bench of Sandeep V. Marne, J., noted that the FIR statement indicated that the utterances and gestures were made by appellant because he was perturbed by reporting of the incident by the complainant and not because she belonged to the Scheduled Caste and prima facie there was no intention on appellant’s part to humiliate the complainant’s caste. The Court opined that prima facie the offences under provisions of SC & ST Act were not made out against appellant and thus, the interim protection granted in favour of appellant was made absolute and the order dated 29-08-2024 passed by the Special Judge, Kalyan was set aside. Read More

Allahabad High Court denies bail to SP Leader Moid Ahmad in Ayodhya Minor Gang rape case

In a bail application filed by Samajwadi party leader Moid Ahmad seeking bail in case under Sections 376-DA, 506 of Penal Code, 1860 (‘IPC’) read with Section 5g(j) (ii)(l) and Section 6 of Protection of Children from Sexual Offences Act, 2012, (‘POCSO Act’), P.S. Pura Kalandar, District Ayodhya. by Pankaj Bhatia,J. taking into account the fact that during the investigation, pressure was exercised for compromise and taking into account the huge variance in the social and the financial status of Moid Ahmad and the victim, viewed that if he is enlarged on bail at this stage, he can adversely affect the trial, thus rejected his bail application. Read More

Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court

In an appeal challenging the refusal to suspend appellant’s sentence based on Probation Officer’s report, a single-judge bench of Vijay Kumar Shukla, J., granted bail to the appellant (a Juvenile tried as adult), subject to conditions of supervision by the Probation Officer. The Court directed the Probation Officer to regularly monitor his conduct and submit periodic reports. Read More

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

In a petition filed for the grant of regular bail under Section 483 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) for a crime registered under Section 7 of Prevention of Corruption Act, 1988 (‘the PC Act’), Chandra Dhari Singh, J., undoubtedly, the allegations levelled against the petitioner-accused were grave and against public morale. However, at the same time, this Court was required to consider and appreciate the settled law that a bail should not be withheld as a punishment. It had been enunciated time and again that deprivation of bail must be considered as a punishment and that every man was deemed to be innocent until duly tried and proven to be guilty.

Thus, the Court granted the bail to the accused on furnishing a personal bond of Rs. 1,00,000 with solvent surety of the like amount to the satisfaction of the Trial Court. Read More

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

In an application filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC), seeking regular bail where the applicant was arrested for allegedly shouting slogans “Pakistan Zindabad, Hindustan Murdabad” at a public place, a single-judge bench of Dinesh Kumar Paliwal, J., granted bail to the applicant but imposed stringent conditions, such as, mandating the applicant to salute the national flag 21 times and shout “Bharat Mata Ki Jai” each time at the police station. Read More

[Pune Porche Accident Case] Bombay HC denies anticipatory bail to co-accused minor’s father, who changed blood samples

In the present case, applicant was one of the accused persons concerning FIR dated 19-05-2024, registered at Police Station Yerawada, District Pune, for offences under Sections 304, 338, 337, 427, 279, 120-B, 201, 213, 214, 466, 467, 468, 471, and 109 read with Section 34 of the Penal Code, 1860 (‘IPC’) and Sections 7, 7-A, 8, 12, and 13 of the Prevention of Corruption Act, 1988 and Sections 184, 185, 3(1) 180, 5(1) 171, 119-A, and 199/177 of the Motor Vehicles Act, 1988. A Single Judge Bench of Manish Pitale, J., opined that the deception in the present case was practised by labeling the subject blood sample as that of the minor son of applicant, while it was the blood sample of co-accused Ashish Mittal, thus, applicant was part of the conspiracy under Section 120-B of IPC. The Court opined that there was a strong prima facie case made out against applicant for offence committed under Section 467 of IPC read with Section 46417 of IPC.

The Court noted that the investigating authority stated that the Porsche car, was being driving in a drunken state and in such a high speed that it hit the motorcycle from behind on which the victims were riding, causing their death. The Court agreed with the contention that applicant remained absconding, which created an impediment for the investigating authority to fully and effectively investigate into the matter and thus, held that applicant had failed to make out a case in his favour for this Court to exercise discretion for granting anticipatory bail to him as the ingredients of the offences were prima facie made out against applicant. Read More

Surety can only be waived if circumstances so warrant; Delhi High Court modifies bail conditions for Nigerian Nationals charged under NDPS Act

The applications were filed by the petitioners, Nigerian nationals facing charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 seeking modification of the conditions imposed upon them for grant of regular bail as they are not able to fulfil the conditions imposed by the court in their respective bail orders. Anup Jairam Bhambhani, J., held that there is no basis or justification to allow their prayers for waiver of surety, or for accepting cash in lieu of surety, however, as a measure of abundant accommodation modified the petitioners’ bail conditions as follows:

1. Petitioner 1 was permitted to furnish a personal bond with 01 surety in the sum of Rs. 40,000/- (instead of 02 sureties in the sum of Rs. 1,00,000/-);

2. and Petitioner 2 was permitted to furnish a personal bond with 01 surety in the sum of Rs. 25,000/- (instead of 01 surety in the sum of Rs. 1,00,000/-) Read More

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

In a bail application filed by the petitioner accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) based on the fact that non-filing of the FSL Report within 180 days made the charge sheet invalid, a Division Bench of Arijit Banerjee* and Apurba Sinha Ray, JJ. granted bail to the petitioner and held that upon expiry of 180 days, the petitioner became entitled to statutory bail/default bail. Read More

Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail

In an application for bail where the petitioners were accused of trespassing the complaint’s house, vandalized the property and set deceased’s body on fire inside the house in the name of following a tribal or customary practice, “Mautana” (compensation to the deceased’s family), a single-judge bench of Rajendra Prakash Soni, J., denied bail due to the serious nature of the offence, especially in the face of harmful tribal practices and severe criminal behavior, the involvement of a large group, and the potential for witness intimidation. Read More

Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused

In an appeal by the appellant-accused against the order dated 22-03-2024, passed by AJC-XVI-cum-Special Judge, NIA, Ranchi, whereby the accused’s bail was rejected, the Division Bench of Rongon Mukhopadhyay and Deepak Roshan, JJ., stated that that the allegations against the accused itself were vague and generalized. The accused’s involvement in terrorist activities had to be founded upon specific evidence. Merely, alleging that the accused was a member of a terrorist gang closely associated with the top brass of such gang and was involved in various nefarious activities, without specifying instances would not cement such allegations into a concrete form.

Thus, the Court set aside the impugned order dated 22-03-2024 and released the accused on bail on usual conditions which was to be decided by the Trial Court. Read More

TERRORISM

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

In an Letters Patent Appeal (LPA) challenging Kashmiri separatist & militant Ashiq Hussain Factoo’s conviction and writ petitions challenging Jammu & Kashmir Jail and Prison Manuals’ Rules as being unconstitutional and violative of Articles 14 and 21 of the Constitution of India, a Division bench of Sanjay Dhar* and M.A. Chowdhary, JJ., upheld the validity of the J&K Jail Manual’s rules, and held that the exclusion of terrorist crimes from remission justified and is in line with constitutional provisions. The Court dismissed the petitioners’ appeal and affirmed that the terrorist acts committed by the appellant and petitioner fell within the rules barring remission. Read More

SEXUAL HARRASMENT

Karnataka HC directs ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018

While considering the instant petition filed by a victim of sexual harassment at the hands of a driver of OLA Taxi, expressing her grievance on the inaction on the part of the Internal Complaint Committee (ICC) of ANI Technologies Private Limited (OLA), the Bench of MGS Kamal, J., directed the ICC to hold an enquiry into the complaint of the petitioner dated 30-09-2018 in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days from the date of receipt of certified copy of the order as per Section 11 of the PoSH Act, 2013 and submit the report to the District Officer as provided thereunder. The Court further directed ICC and ANI Technologies Pvt. Ltd., (parent company of OLA) to pay a sum of Rs.5 Lakhs to the Petitioner towards compensation and an additional sum of Rs.50,000/- towards litigation expenses within 30 (thirty) days from the date of receipt of certified copy of the instant Order. Read More

RAPE

RG Kar Rape and Murder Case | WB Govt. must explain the legal source of authority for the recruitment of Civic Volunteers in the State: SC

The 3-Judge Bench of Dr DY Chandrachud, CJ, J.B Pardiwala and Manoj Misra, JJ., took note of the 5th Status Report filed by the CBI wherein it was stated that a chargesheet has been submitted against the primary accused on 7-10-2024 for alleged offences punishable under Sections 64, 66, 103(1) of the Nyaya Sanhita, 2023 (BNS) and that the ACJM, Sealdah, Kolkata has taken cognizance and committed the case to the Court of the Additional Sessions Judge, 1st Court, Sealdah. Read more

“Modesty of a woman is Worshipped in our country” MP High Court refuses to quash Rape case despite settlement

In a petition filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking the quashment of an FIR and subsequent proceedings for offence of Rape under the false pretence of marriage, a single-judge bench of Prem Narayan Singh, J., refused to quash the FIR and criminal proceeding and held that the offense of rape, being a crime against the dignity of women and society, cannot be quashed even if the parties have reached a compromise.

Calcutta High Court orders post-mortem of minor rape victim at AIIMS under supervision of Judicial Magistrate

A petition was filed by the State of West Bengal under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973, and Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 challenging an order passed by the Additional Chief Judicial Magistrate (ACJM) of Baruipur, South 24-Parganas, dated 05-10-2024, in connection with a case wherein a prayer for conducting the post mortem examination in presence of a Judicial Magistrate at Mominpur Police Morgue Hospital on 06-10-2024 was turned down. Tirthankar Ghosh, J., directed the person of the deceased be escorted by the police authorities with proper documentation including the guidelines laid down by Swasthya Bhawan/Medical Council of West Bengal and be handed over by 11.45 A.M. on 07-10-2024 to Dr. Ajoy Mallick, Medical Superintendent of AIIMS, Kalyani. Read More

Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage

In a criminal miscellaneous case filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231, seeking quashment of charge sheet and all further proceedings against a priest of St.Johns Baptist Church, accused of raping a woman on pretext of marriage, A. Badharudeen, J. refused to quash criminal proceedings as the allegations warranted a trial, and the fact that the complainant previously sought to quash the proceedings did not justify closing the case. Read More

Read why Allahabad HC commuted death sentences in Bulandshahr Gang-Rape case to life imprisonment of 25 years without remission

In the Bulandshahr moving car gang rape case, the division bench of Arvind Singh Sangwan* and Mohd. Azhar Husain Idrisi, JJ. upheld the finding recorded by the Trial Court that the accused persons committed the offence of kidnapping the victim who was below the age of 18 years and committed aggravated penetrative sexual assault on her and then by committing her murder by strangulating with dupatta had thrown her dead body near a drain. However, the Court commuted death sentence to life imprisonment for a fixed term of 25 years without any remission as the Trial Court has not recorded any finding as to how the present case is rarest of the rare case even though the accused has committed the gravest offence. Read More

Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court

In an application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of chargesheet and the entire criminal proceedings in case under Sections 376 and 386 of the Penal Code, 1860, Anish Kumar Gupta, J. while quashing the criminal proceedings against the accused, said that the informant, a mature woman with adult sons, initiated a physical relationship with the accused while her husband was still alive, raising significant questions about her legal capacity to engage in a new commitment. Given her marital status, any promise of marriage made by the accused may lack legal validity, as she was not in a position to marry at that time. Furthermore, her involvement in the relationship appears to have been driven by her own desire, suggesting she cannot claim victimhood in the context of a breach of promise, as the promise itself was not non-est at that time of beginning of the relationship between them. Read More

PROBATION

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

In a case wherein a question arose that whether the Court in exercise of its jurisdiction under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), release a convict on probation of good conduct, when his appeal was still pending before the Sessions Court, Sangrur (‘the Sessions Court’), the Division Bench of Sureshwar Thakur and Sudeepti Sharma, JJ., opined that the jurisdiction invested in this Court under Section 482 of CrPC does not yet leverage in the convict to claim that he should be released on probation of good conduct, especially when an appeal against his conviction and sentence was yet sub judice before the Sessions Court. The Court stated that the power conferred in the High Court under Section 482 of CrPC, was a residuary power and was to be exercised only when no alternative remedy was available. Since, in the present case, an appeal was pending before the Sessions Court, it constituted an available remedy to the convict, and therefore the residuary jurisdiction invested in this Court under Section 482 of the CrPC, could not be exercised at this stage. Read More

DEATH SENTENCE

Supreme Court commutes death sentence of father convicted for murdering his pregnant daughter over inter-caste marriage

While considering the instant appeal challenging Bombay High Court’s decision confirming death sentence to the appellant for murdering his pregnant daughter, the Division Bench of Aravind Kumar* and KV Viswanathan, JJ., took note of the appellant’s lack of criminal antecedents, presence of mitigating factors, medical reports and satisfactory behaviour with the prison inmates and opined that even though the crime committed by the appellant is unquestionably grave and unpardonable, it is not appropriate to affirm the death sentence that was awarded to him. Hence the Court was in favour of converting the death penalty to fixed sentence during which period the appellant would not be entitled to apply for remission. Read more

Know why Supreme Court decided to acquit and quash death sentence of 2012 Pune Triple Murder accused

Considering the instant appeal filed by the appellant accused in Pune Triple Murder case of 2012, challenging the confirmation of conviction and death sentence by Bombay High Court, the 3- Judge Bench of B.R. Gavai*, Prashant Kumar Mishra and K.V. Viswanathan, JJ., taking note of discrepancies in testimony of key prosecution witness and failure of prosecution to prove appellant’s guilt beyond reasonable doubt, quashed his conviction and sentence and deemed it fit to acquit him. Read more

‘Act quite close to cannibalism’; Bombay HC confirms death sentence of a man who killed, intended to eat his mother

In the present case, the Additional Sessions Judge, Kolhapur (‘the ASJ, Kolhapur’) made a reference under Section 366(1) of the Criminal Procedure Code, 1973 (‘CrPC’) for confirmation of death sentence awarded by him to respondent-convict in a case, decided on 08-07-2021. The ASJ, Kolhapur convicted respondent of the offence punishable under Section 302 of the Penal Code, 1860 (‘IPC’) and sentenced him to hang by neck, till he is dead. A fine of Rs 25,000 was also imposed and in default, respondent was directed to undergo rigorous imprisonment for six months.

The Division Bench of Revati Mohite Dere and Prithviraj K. Chavan*, JJ., opined that manner in which respondent had murdered his mother was brutal, cruel, and barbaric, indicated pathological cannibalism of respondent and there was no remorse, penitence, or repentance on his face. The Court also opined that respondent was not at all fit for any kind of reformatory and rehabilitation scheme and therefore, confirmed the death penalty imposed by the Trial Court. Read More

QUASHING OF CASES

Investigation should not be thwarted by quashing FIR alleging dishonest conduct of an accused: Supreme Court

While considering the instant appeal filed by the original complainant (appellant), against the decision of Jharkhand High Court whereby the Court had quashed the order of cognizance and all further proceedings for offences punishable under Ss. 406 and 420 of Penal Code, 1860; the Division Bench of J.B Pardiwala and Manoj Misra*, JJ., held that Court must apply its mind to the materials submitted in support of the police report before taking a call whether the FIR and consequential proceedings should be quashed or not; more so, when the FIR alleges an act which is reflective of dishonest conduct of the accused. Thus, when the FIR alleges dishonest conduct on the part of the accused which, if supported by materials, would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR. Read more

S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case

In a criminal appeal against a decision of the Madras High Court, wherein by a cryptic order, the application for further investigation in a murder case was allowed, the Division Bench of BR Gavai and KV Viswanathan*, JJ. observed that a distinction should be made between cases where there exist genuine grounds to hold up the proceedings and cases where such grounds do not exist, and termed the case as classic example of latter. Hence, allowing the appeal, the Court set aside the impugned decision. The Court stated that the impugned judgment of the High Court gave no valid justification for ordering a further investigation. Read more

Madras High Court quashes criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks

In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), to quash the charge sheet wherein the Kanal Kannan facing trial for the alleged offences under Sections 153, 505(1)(b), 505(2) of Penal Code, 1860 (‘IPC’), G. Jayachandran,J. held that the alleged speech of Kanal Kannan on his You Tube channel heard as a whole does not attract ingredients to prosecute him under the above Sections. Read More

MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children

In a writ petition seeking quashment of an FIR registered against the petitioner, who operates an orphanage, for alleged involvement in male trafficking under Section 370 of the IPC, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR alleging male trafficking as the essential elements of Section 370 IPC were absent. Read More

Delhi High Court quashes FIR in 7-Year-Old Case of fraud, rape, and forgery after amicable settlement

A petition was filed by the petitioner (accused) under section 482 CrPC seeking quashing of FIR registered under Sections 376, 420, 385, 387, 506, 419, 467, 468, 471, 120-B and 34 Penal Code, 1860 (IPC) read with Section 14 of Foreigners Act and 66D & 66E of IT Act 2000 along with all consequential judicial proceedings on the ground that the parties have arrived at a settlement. Vikas Mahajan, J., quashed the FIR to serve the ends of justice and to provide relief to the complainant and to save her from the agony of criminal cases. Read More

‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple

In a criminal petition seeking quashment of FIR filed by Sub-Inspector based on a report that the petitioner attempted to forcibly enter the Mahakaleshwar Mahadev Ji Siddh Dham Temple by cutting a lock on the door, a single-judge bench of Arun Monga, J., held that “every citizen has the right to access the temple and offer prayers” and quashed the FIR and all consequential proceedings as the petitioner’s actions prima facie did not constitute any criminal offense. Read More

Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque

While considering the instant petition challenging the registration of crime against persons accused of creating communal disturbances by shouting ‘Jai Shri Ram’ inside a mosque, the Bench of M. Nagaprasanna, J*., found no ingredients of any of the offences so alleged under Sections 295-A, 505 and 506 and 447 of Penal Code, 1860, in the complaint and held that permitting further proceedings against the accused persons would become an abuse of the process of law and result in miscarriage of justice. Read More

Textbook example of how the affluent people try to flout the law; Delhi High Court dismisses S. 482 CrPC petition

A petition was filed under Section 482 of Criminal Procedure Code (‘CrPC’) read with Article 227 seeking to quash the First Information Report (‘FIR’) dated 14-06-2015 registered at by the respondent 2 at Police Station — Rohini under Sections 498-A, 406 and 323 of Penal Code, 1860 (‘IPC’). Chandra Dhari Singh, J., dismissed the petition and cautioned that while exercising powers under Section 482 CrPC, the courts must refrain from interfering in genuine cases, especially where allegations are serious in nature, unless it is a clear case of abuse of process or if the complaint is frivolous or malicious. Read More

RECORDING OF CONVERSATIONS

Making audio recording of conversation inside police station not an offence under S.3 of Official Secrets Act, 1923: Bombay HC

The present application was filed initially for quashing FIR in a case registered with Pathardi Police Station and by way of amendment to quash and set aside entire charge sheet and proceedings in a case pending before the Judicial Magistrate First Class, Pathardi, Ahmednagar for the offence punishable under Sections 120-B, and 506 of the Penal Code, 1860 and Section 3 of the Official Secrets Act, 1923 (‘the 1923 Act’). The Division Bench of Vibha Kankanwadi* and S.G. Chapalgaonkar, JJ., referred to Section 3 of the 1923 Act which dealt with “Penalties for spying” and observed that anything done in the police station was not included in Section 3. Thus, Applicant 1’s act of making an audio recording inside in the police station would not attract Section 3. Read More

CONSUMER COMMISSIONS

Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants: Delhi HC

In a petition filed assailing the order dated 09-07-2024, whereby National Consumer Disputes Redressal Commission (‘NCDRC’) upheld the arrest warrants issued against the petitioner, Sanjeev Narula, J., stated that in the present case, the issuance of arrest warrants was not rooted in the enforcement mechanism outlined in Section 71 of the Consumer Protection Act, 2019 (‘the CP Act’), but rather in the powers conferred by Section 72 of CP Act, which explicitly empowered the Consumer Commissions to act as a Judicial Magistrate of the first class for trying an offence under Section 72(1) of the CP Act.

The Court stated that the petitioner’s reliance on procedural aspects of Civil Procedure Code, 1908 (‘CPC’) was misplaced. The CP Act granted the State Consumer Disputes Redressal Commission (‘SCDRC’), the power to act with the authority of a Judicial Magistrate for trial of offences under Section 72(1) of the CP Act, which included the power to issue arrest warrants. Therefore, the arrest warrants issued under the CP Act’s specific provisions, and not the CPC. Thus, the issuance of these warrants was both appropriate and within the Commission’s jurisdiction. Read More

OUTRAGING MODESTY OF WOMEN

Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC

In a criminal miscellaneous case filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the proceedings, A. Badharudeen,J. while quashing the proceedings against the accused persons, said that under Section 509 of the Penal Code, 1860 (IPC), insulting a woman’s modesty requires that the act or words must be directed at her in a manner that is intended to insult or offend. If a remark, such as referring to a woman as a “prostitute,” is made in a context where the woman is not present, it may not meet the criteria for constituting an offense under this section. Read More

POCSO

Supreme Court grants bail to POCSO accused after five months in custody

In an appeal challenging the order passed by the Rajasthan High Court, wherein the Court refused to grant bail to the accused charged for offences punishable under Sections 354(D), 506, 363, 366, 376, 511 and 34 of the Penal Code, 1860 and Sections 7 read with Section 8 and Section 11 read with Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, the division bench of B.V. Nagarathna and Nongmeikapam Kotiswar Singh, JJ. released the accused on bail. Read more

Having sexual intercourse, being naked in front of minor amounts to sexual harassment, punishable under POCSO Act: Kerala High Court

In a criminal miscellaneous case filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings for the trial of cases under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), A. Badharudeen, J. held that having sexual intercourse in an unlocked room and exposing one’s naked body to a minor child is an intentional act of sexual harassment punishable under POCSO Act. Thus, the Court quashed the criminal proceedings pertaining to offences punishable under Sections 294(b), 341 read with 34 of IPC as well as under Section 75 of the JJ Act, against the accused 2, while dismissing the quashment sought for, for the offences punishable under Sections 323 read with 34 of IPC as well as under Section 11(i) read with 12 of the POCSO Act. Read More

FURLOUGH LEAVE

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In the present case, petitioners were inmates who challenged the order dated 15-04-2024 passed by Respondent 2-Deputy Inspector of Police (Prison) and prayed for directions to be given to release them on furlough leave. The Division Bench of Vibha Kankanwadi* and S.G. Chapalgaonkar, JJ., noted that earlier in case of a prisoner who had surrendered belatedly by 49 days, was granted furlough leave and observed that the authority was adopting pick and choose policy and thus, opined that the same criteria ought to have been adopted and certainly petitioners in the present case should not to have been discriminated against on the said ground. The Court quashed and set aside the impugned order dated 15-04-2024 and directed that petitioners be released on furlough leave. Read More

MAINTENANCE

‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage

In a revision petition filed under Section 438 read with Section 442 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) against the judgment dated 02-08-2024, whereby the criminal appeal filed by the applicant was dismissed, Narendra Kumar Vyas, J., stated that in the present case, the woman had clearly stated that she was not aware of her partner’s family and her partner had also not placed any evidence on record to suggest that the woman was aware about the marriage and children. Therefore, the relationship between the parties was in nature of marriage. Further, regarding maintenance, the Court affirmed the decision of the Trial Court and Appellate Court, that the woman and the child was entitled to receive maintenance of Rs. 4,000 and Rs. 2,000 per month, respectively. The said amount could not be said to be a bonanza or on a higher pedestal, looking to the earning of the man who worked as forest guard and getting good amount of salary from the State Government. Read More

STALKING

Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC

In the present case, applicant was convicted under Section 248(2)1 of Criminal Procedure Code, 1973 for offences punishable under Sections 279, 354-D, and 337 of the Penal Code, 1860 (‘IPC’) and was sentenced to undergo rigorous imprisonment of three months and to pay fine of Rs 500 for offence punishable under Section 354-D; rigorous imprisonment of three months and to pay fine of Rs 5,000 for offence under Section 279 and rigorous imprisonment of three years and to pay fine of Rs 500 for offence punishable under Section 337 of IPC.

A Single Judge Bench of Milind N. Jadhav, J., opined that applicant’s act of shaking his neck i.e., grooving his neck while riding and simultaneously listening to the music did not fall into any one of the ingredients of the offence of stalking under Section 354-D of IPC. The Court agreed with the complainant’s submission that the act of overtaking and coming close while driving a vehicle in motion endangered the life and limb of both the riders, therefore, the Court stated that applicant had been correctly convicted for rash and negligent driving even though there was no collision between the vehicles of the parties.

The Court stated that the incarceration of 36 days in prison of applicant was adequate sentence for offences punishable under Sections 279 and 337 of IPC, therefore, the sentence of three months awarded to applicant was reduced to 36 days imprisonment only which was already undergone by applicant. The Court thus directed the Jail Superintendent, Taloja Jail to immediately release applicant from jail custody/prison on the date of the order itself. Read More

SUICIDE

Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court

In an appeal against acquittal on the ground that the evidence presented is sufficient to convict the accused for abetment of suicide, a single-judge bench of M.A. Chowdhary, J., upheld the trial court’s judgment based on the lack of direct or strong circumstantial evidence to connect the respondents’ actions to the suicide. Read More

PUBLIC INTEREST LITIGATION

[Bahraich Violence] Allahabad High Court grants 15 days to accused persons to respond to Demolition Notices issued by UP Government

In a public interest litigation filed by Association for Protection of Civil Rights (‘APCR’), challenging Uttar Pradesh Government’s proposed action to demolish properties of accused persons in Bahraich violence case, in the special Sunday sitting the division bench of Attau Rahman Masoodi and Subhash Vidyarthi, JJ. after noting that earlier the occupants had been given only three days to respond to the notices that were pasted on their houses on 18-10-2024, granted the affected persons 15 days from the date of this order to respond to the Demolition Notices issued by the UP Government. Read More

PROHIBITION OF CHILD MARRIAGE ACT

Supreme Court issues comprehensive guidelines for effective implementation of Prohibition of Child Marriage Act: A detailed breakdown

In a writ petition filed by an NGO raising the grievance that despite the enactment of the Prohibition of Child Marriage Act, 2006 (‘PCMA’), the rate of child marriages in India is alarming the three-Judge Bench of Dr. DY Chandrachud*, CJI, JB Pardiwala and Manoj Misra, JJ. for the effective and useful implementation of the PCMA, laid down comprehensive guidelines. Read more