ABETMENT TO SUICIDE
DELHI HIGH COURT | Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide; Bail granted to a man accused u/s 498A, 304-B IPC
In and application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in the proceedings arising from FIR registered under Sections 498-A/304-B/34 of the Penal Code, 1860, Sanjeev Narula, J., stated that only allegations raised was related to an alleged demand for a car as dowry, and an alleged extra-marital relationship between the petitioner and his sister-in-law. The Court stated that mere suspicion of an extra-marital affair, however morally reprehensible it might seem, did not per se amount to abetment of suicide. Thus, the Court directed the petitioner to be released on bail after furnishing a personal bond for a sum of Rs. 50,000 with two sureties of the like amount, subject to the satisfaction of the Trial Court on certain conditions. Read more HERE
ACQUITTAL
DELHI HIGH COURT | DNA report merely proves paternity, and it cannot by itself establish absence of consent; Man convicted of rape, acquitted
In an appeal filed challenging the judgment dated 23-12-2022 and order on sentence dated 28-01-2023 passed by the Additional Sessions Judge (FTSC) RC-01, Tis Hazari Court, Delhi (‘Trial Court’), whereby the appellant (‘accused’) was convicted under Sections 376(2)(n)/506 of the Penal Code, 1860 (‘IPC’), Amit Mahajan, J., stated that the DNA report merely proves paternity and it did not and could not, by itself, established the absence of consent. Mere proof of sexual relations, even if resulting in pregnancy, was insufficient to prove rape unless it was also shown that the act was non-consensual. Accordingly, the Court set aside the impugned judgment and order of sentence. The Court acquitted accused of all the charges and stated that he should be released forthwith, if not required in any other case. Read more HERE
DELHI HIGH COURT | Charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father, set aside
In a revision petition filed by the petitioner (‘victim’s mother’), assailing the orders dated 23-11-2023 and 5-12-2023, passed by Additional Sessions Judge, Special Court (POCSO), South District, Saket Courts, New Delhi (‘Sessions Court’), vide which charges were framed against her under Section 21 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Dr. Swarana Kanta Sharma, J., stated that framing charge for offence under Section 21 of POCSO Act against victim’s mother, in the facts and circumstances of the case, would cause grave prejudice to not just the victim’s mother who herself was a victim of domestic violence, but also to the minor victim who was dependent upon her mother for support. Accordingly, the Court set aside the charge framed against the victim’s mother for offence under Section 21 of POCSO Act, by virtue of impugned orders. Read more HERE
MADHYA PRADESH HIGH COURT | “Marital Rape is not recognised under IPC”; Husband’s discharge from Section 377 IPC charge, upheld
In a criminal revision petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (CrPC) challenging the discharge of husband from the charge under Section 377 Penal Code, 1860 (IPC), a single-judge bench of Binod Kumar Dwivedi, J., reaffirmed the existing legal position that marital rape is not recognised as a criminal offence under IPC and dismissed the revision petition. Read more HERE
BAIL
GUJARAT HIGH COURT | Asaram Bapu’s bail extended on medical grounds in 2013 rape case
In a bail application filed by Asaram Bapu under Section 430 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking extension of his temporary bail by six months on medical grounds, a Single Judge Bench of A.S. Supehia., J., allowed the petition, holding that Asaram had established his “need” for medical treatments for various ailments and was entitled to interim bail. This decision came after the Division Bench of Ilesh J. Vora and Sandeep N. Bhatt, JJ., delivered a split verdict and referred the matter for final adjudication. Read more HERE
ALLAHABAD HIGH COURT | Bail granted to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades
In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking relief in connection with offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 26(1), 26(2), 26(4) and 59(1) of the Food Safety and Standards Act, 2006, the Single Judge Bench of Ashutosh Srivastava, J granted bail to the accused. Read more HERE
BOMBAY HIGH COURT | ‘Classic case of honey trap’; Bail granted to former Navy apprentice accused of sharing sensitive information
The present application was filed under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) seeking regular bail in connection with FIR registered with Kalachowki Police Station for offences under Sections 3(1)(a)(c), 4, 5(1)(a)(b)(d) and 9 of the Official Secrets Act, 1923 (‘the 1923 Act’) read with Section 120-B of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Milind N. Jadhav, J., opined that it was prima facie evident that the applicant was honey trapped in sharing sensitive and confidential information of ships and boats which were docked in the Naval Dockyard. The Court granted bail to the applicant and opined that he was at the threshold of his career and adult life having an excellent academic background, therefore, subjecting him to further custody would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to society. Read more HERE
CALCUTTA HIGH COURT | Bail granted in ₹37.29 Cr GST ITC fraud case involving arrest without adjudication
A petition was filed under Section 439 of Criminal Procedure Code / Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, by the petitioner who is in custody in connection with a case dated 31-03-2025 under Sections 132 (1) (c) read with 132 (5) of the Central Goods and Service Tax Act 2017, pending before the Additional Chief Judicial Magistrate Siliguri Darjeeling. Biswaroop Chowdhary, J. granted bail and held that the arrest of the petitioner without fresh incriminating material, without adjudication, and despite the petitioner’s cooperation was disproportionate and legally unjustified. Read more HERE
MADRAS HIGH COURT | ‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Bail granted to former DMK member Jaffer Sadiq in PMLA case
In a criminal original petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), to enlarge Jaffer Sadiq and Mohamed Saleem (‘accused persons’) on bail, the Single Judge Bench of Sunder Mohan, J. viewed that the continued incarceration of the accused persons pending trial would amount to a violation of their fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India. Taking into account the duration of custody, the stage of the trial, and the absence of any allegations of witness tampering or non-cooperation, the Court found it just and appropriate to enlarge the accused persons on bail. Accordingly, bail was granted subject to certain conditions deemed necessary to ensure the accused persons’ presence during the course of trial and to safeguard the interests of justice. Read more HERE
CHHATTISGARH HIGH COURT | ‘Leaking competitive exams question paper more heinous than murder’; Former Chhattisgarh PSC Chair Taman Singh Sonwani’s bail plea, rejected
In a bail application filed by Taman Singh Sonwani (‘Taman’), former chairman of Chhattisgarh Public Service Commission (‘CPSC’) against his arrest under Sections 120-B and 420 of the Penal Code, 1860 (‘IPC’) and Sections 7, 7(A) & 12 of the Prevention of Corruption Act, 1988 (‘PC Act’) for allegedly leaking question papers of the State Service Examination (‘the exam’), a Single Judge Bench of Bibhu Datta Guru, J., rejected the application, holding that the case was not fit for grant of bail. The Court remarked that the alleged charges levelled against the accused persons, including Taman could by no stretch of the imagination, be termed as ordinary charges. Read more HERE
CONVICTION
BOMBAY HIGH COURT | ‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Conviction of two members of Chhota Rajan gang, upheld
While considering the appellants’ challenge to the judgment and order dated 25-4-2022 passed by the Special Judge (Exclusive Special Court) whereby the appellants were convicted for the offences punishable under Sections 302, 307, 326, 120-B, and 34 of the Penal Code, 1860 (‘IPC’) and Section 27 of the Arms Act, 1959 (‘the 1959 Act’); the Division Bench of Revati Mohite Dere and Neela Gokhale*, JJ., confirmed the conviction and sentence awarded to the appellants and held that observations of the trial Court regarding reliability of the eye witnesses testimony, the corroborative evidence, etc., were compelling and did not warrant any interference. The Court opined that injury to the witness was an inbuilt guarantee of his presence at the scene of the crime because the witness would not want to let his actual assailant go unpunished, merely to falsely implicate a third party for the commission of the offence. Read more HERE
CRIMINAL TRIAL
ALLAHABAD HIGH COURT | ‘Amendment of charges post witness examination should not lead to de novo trial’; Conviction of seven men in honour killing case, upheld
In a batch of appeals filed against the judgment of conviction and the order of sentence passed by Special Judge (Prevention of Corruption Act), Meerut, in Sessions Trial for offences under Sections 147, 302 read with Section 149 of Penal Code, 1860 (‘IPC’), the division bench of Siddharth and Praveen Kumar Giri*, JJ. highlighted that once the examination-in-chief and cross-examination of witnesses have been completed and their evidence is on record, the subsequent amendment or addition of charges should not result in a de novo trial. Instead, witnesses should only be permitted to depose with respect to the newly added or altered charges, preventing any opportunity to retract or contradict their earlier testimony. The Court said that while a man may lie, circumstances do not. Even the witnesses who later turned hostile admitted that both deceased individuals were murdered. Although they attempted to attribute the act to unknown persons, they failed to provide any motive for such individuals, whereas the convicts had a clear motive, being aggrieved by the relationship between their daughter/sister which they perceived as dishonourable. In light of the above findings, the Court concurred with the conclusions of the Additional Sessions Judge and upheld the conviction of the convicts under Sections 147 and 302 read with Section 149 of the IPC. Read more HERE
MADHYA PRADESH HIGH COURT | Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute
In an application filed under Section 482 of the Criminal Procedure Code, 1973 seeking quashment of FIR for the offences, abduction from public spot, assault and making false video with self-incriminating words under threat, based on the compromise between the parties, especially considering the nature and gravity of the offences alleged, a single-judge bench of G.S. Ahluwalia, J., refused to quash the FIR and held that the offences alleged were serious and against societal interest, thus not fit for quashment on the basis of compromise. Read more HERE
MADHYA PRADESH HIGH COURT | Rs 5 lakh fine imposed on Bhopal DIG for suppressing evidence in murder probe
In an application filed under Section 482 of the Criminal Procedure Code, 1973 (CrPC) against the trial court’s order which rejected applicant’s application for production of record where the Police, in spite of court’s order failed to preserve the CDR and mobile location records, a single-judge bench of G.S. Ahluwalia, J., took strong exception to the conduct of the police authorities an directed to initiate contempt proceeding and departmental inquiry against the then Superintendent of Police (SP) (who is currently posted as DIG, Bhopal). The Court further imposed Rs 5 lakh fine on DIG for suppressing evidence. Read more HERE
MADRAS HIGH COURT | State directed to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court
In a writ petition filed directing the e Superintendent of Prison to grant ten days leave to the detenue now confined at Central Prison, Chennai to attend the detenue’s mother funeral at Valinokkoam, Ramnad District, the division bench of S.M. Subramaniam* and K. Rajasekar, JJ. considering the basic rights of the undertrial prisoner and the deceased person’s right to a dignified burial, the Court issued the following orders. Read more HERE
CUSTODIAL DEATHS AND VIOLENCE
CALCUTTA HIGH COURT | ‘Lady Constable seen smacking on her head’; SIT probe directed into alleged custodial torture of student protester by West Bengal police
In a petition filed by a student of the Mathematics Department of Midnapore College, (petitioner) seeking intervention regarding the alleged custodial torture and police excesses including directions for registration of FIR and appropriate investigation against the errant police officials, Tirthankar Ghosh, J., directed that the petitioner’s complaints to the National and State Human Rights Commissions be treated as an FIR and forwarded to the Human Rights Court (Sessions Judge, Paschim Midnapore) under the Protection of Human Rights Act, 1993. It was further directed that Special Investigation Team (SIT) to be constituted under the leadership of IGP Muralidhar Sharma to conduct a thorough probe, with full logistical support from the Home Secretary, Government of West Bengal. Read more HERE
PUNJAB AND HARYANA HIGH COURT | Response sought from SSP regarding man allegedly tortured, given electric shocks, recorded naked in police custody
In a petition filed under Article 226 of the Constitution by an accused who was allegedly tortured in police custody seeking protection of life and liberty and setting aside his arrest, a Single Judge Bench of Kirti Singh, J., noted that there were allegations of gross misconduct of the acting officials and opined that it required a detailed response qua the actual chain of events and qua the alleged custodial torture that the accused was subjected to. The Court also directed the Senior Superintendent of Police (‘SSP’) to submit a response in this regard. Read more HERE
NDPS
ORISSA HIGH COURT | Law does not sanction indefinite retention of property; should not be subjected to unnecessary deterioration
In a plea seeking the release of the vehicle seized for transporting contraband, the Single Bench of Dr. SK Panigrahi, J. while reiterating that prolonged retention of seized vehicles in police custody serves no meaningful purpose and results only in their gradual deterioration and depreciation, directed the release of seized vehicle subject to certain conditions. The Court directed the accused to produce the original registration certificate, insurance paper before the Police Station concerned, which shall be verified properly, and true attested copies thereof shall be retained by the I.O/IIC; and that the colour or any part of the engine and chassis number of the vehicle shall not be changed. The Bench also directed the accused to furnish two photographs of the vehicle before taking delivery of the same; not transfer the ownership of the vehicle in favour of any other person; produce the vehicle before the Court as and when called upon; shall not allow the vehicle to be used in the commission of any offence; and furnish property/cash security of Rs.3,00,000/-. Read more HERE
CALCUTTA HIGH COURT | Bail under NDPS Act denied, but emphasised interim bail as a safeguard against prolonged pre-trial detention
A petition was filed by the petitioner seeking bail in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), following his arrest on 26-08-2023 after a raid conducted by the Narcotics Control Bureau (NCB) led to the seizure of 148.5 kg of cannabis, which is well above the commercial quantity threshold. A division bench of Arijit Banerjee and Biswaroop Chowdhury, JJ., while acknowledging the stringent bail conditions under Section 37 of the NDPS Act, denied the petitioner’s request for bail, citing prima facie incriminating material against him and the lack of sufficient grounds to believe that he was not guilty or unlikely to reoffend if released. Read more HERE
DELHI HIGH COURT | Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists
In a petition filed by the petitioner (‘accused’) under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking regular bail for the offences punishable under Section 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) and Section 14 of the Foreigners Act, 1946, Shalinder Kaur, J., stated that mere assertions or absence of recovery from the accused might not suffice when the material on record prima facie disclosed a nexus with a narcotic network. The gravity of the offence, coupled with the organized nature of the criminal activity, justified a more cautious approach in the grant of bail under the NDPS Act. Therefore, the Court stated that the present case was not the fit case where the accused could be granted bail and accordingly, the bail application was dismissed. Read more HERE
PAROLE
KERALA HIGH COURT | 15 days parole granted to businessman Mohammed Nisham who is serving life sentence in security guard murder case
In a writ appeal filed challenging the judgment passed by the Single Judge, wherein it rejected the prayer for granting parole to the husband of the appellant, a Mohammed Nisham prisoner, undergoing his life sentence at the Central Prison and Correctional Home in a 2015 case of killing a security guard by running over him, the division bench of Raja Vijayaraghavan V* and P. V. Balakrishnan, JJ. set aside the judgment passed by the Single Judge and directed the competent authority to grant parole to the Mohammed Nisham for a period of 15 days, subject to such conditions as the authority deemed fit and proper. Read more HERE
DELHI HIGH COURT | ‘Mere confinement to jail cannot reduce convict’s status to that of chattel’; Parole granted to a murder convict
In a petition filed by the petitioner (‘convict’) under Article 226 of Constitution for release on parole for four weeks in FIR under Section 302/376(2)(f) of Penal Code, 1860 (‘IPC’), wherein he is undergoing the life sentence and had already spent more than 20 years in jail, Neena Bansal Krishna, J., stated that merely because he was confined to jail, the Court stated that it did not reduce his status to that of a chattel, bereft of any basic fundamental human rights. It was high time that the Jail Authorities demonstrated a little more sensitivity in dealing with such matters. Thus, considering the totality of the circumstances, the Court released the convict on parole for a period of four weeks. Read more HERE
POCSO
KERALA HIGH COURT | Can serious POCSO offences be quashed on settlement between parties? Answered
In two separate criminal cases involving offences under the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), which were sought to be quashed on the basis of a settlement between the parties, C. Jayachandran, J. observed that in both instances, the accused had married the victims. Affidavits sworn by the victims, along with statements recorded by the Investigating Officer, indicated that the victims were living a happy married life with their children. The accused persons were adequately caring for the interests of the victims. In one case, the victim had been sent for further studies, while the accused was taking care of their child. The Court opined that these circumstances were highly extenuating and, therefore, the case fell outside the general legal principle that serious sexual offences cannot be quashed solely based on a settlement between the parties. The unique facts of the case warranted a departure from this rule. Read more HERE
CALCUTTA HIGH COURT | [POCSO] Alcohol-Fueled attempt to grope breasts not attempted rape
In an appeal seeking suspension of sentence filed by the appellant against his conviction under Section 10 of the POCSO Act and Sections 448, 376(2)(c) and 511 of Penal Code, 1860, a division bench of Arijit Banerjee and Biswaroop Chowdhury, JJ. granted bail to the petitioner, subject to furnishing a bond and two sureties, with the conviction and sentence remaining suspended until the final disposal of the appeal. Read more HERE
PRACTICE AND PROCEDURE
ALLAHABAD HIGH COURT | Unlawful religious conversion and rape are non-compoundable offences, proceedings cannot be quashed based on settlement between parties
In an application filed to quash the chargesheet and the proceedings under Sections 420, 323, 376, 344 of the Penal Code, 1860 (‘IPC’) and Section 3 read with Section 4 of the U.P. Conversion Prevention Act, 2020, the single judge bench of Manju Rani Chauhan, J. found that the alleged offences are serious in nature and non-compoundable. Therefore, the Court ruled that the instant proceedings cannot be quashed based on a compromise between the parties, even in the exercise of powers conferred under Section 482 CrPC. Read more HERE
PUNJAB AND HARYANAHIGH COURT | ‘Non-bailable warrants must not be issued mechanically’; Bail cancellation order of accused who missed one hearing due to ill health, quashed
In an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the Trial Court’s order whereby the bail granted to the accused was cancelled and non-bailable warrants were issued against him, a Single Judge Bench of Sumeet Goel, JJ., allowed the application, opining that the issuance of the impugned order amounted to an unjustifiable restriction on the procedural rights of the accused in the absence of any misconduct, lack of bona fides, or a deliberate attempt to evade proceedings on his behalf. Read more HERE
QUASHMENT OF PROCEEDINGS/ FIR
BOMBAY HIGH COURT | ‘His speech did not give specific direction to damage public property’; 2008 Beed stone pelting case against Raj Shrikant Thackeray, quashed
In the present case, an application was filed for quashing the proceedings in a case pending before the Judicial Magistrate First Class, Parali Vaijinath, Beed arising out of FIR registered with Police Station, Parali Vaijinath (Rural), Beed for the offence punishable under Sections 143, 427, 336, and 109 of the Penal Code, 1860 and under Sections 3 and 4 of the Prevention of Damage to the Public Property Act, 1984 and under Section 135 of the Bombay Police Act, 1951. The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., opined that actual mischief or damage to the public property by pelting stones could not be based on abetment, because the applicant in his speech, could not have given a specific direction to the party workers/followers that they should go and cause damage to public property. The Court opined that it would be an abuse of process of law if the applicant had to face the trial as the charge sheet also did not mention that any statement was ever made by the applicant to provoke its party workers. Thus, the Court quashed and set aside the proceedings pending before the Judicial Magistrate First Class, Parali Vaijinath, Beed. Read more HERE
RAJASTHAN HIGH COURT | Censure order against Chemistry teacher for student’s poor result in 12th Board Exam, quashed
In a writ petition challenging the order penalising a Chemistry teacher with a penalty of censure for his student’s poor result in Class 12th Board examination, a single-judge bench of Anoop Kumar Dhand, J., quashed the impugned orders as there exist no specific finding to establish that petitioner’s negligence or misconduct directly caused the students’ poor performance. Read more HERE
MADHYA PRADESH HIGH COURT | ‘A person’s rightful claim can’t be rejected on a machine’s failure’; Candidate’s rejection order based on biometric verification failure, quashed
In a writ petition filed under Article 226 of the Constitution of India challenging the order by which the petitioner’s candidature for the post of Assistant was rejected on the grounds of unsuccessful biometric verification conducted by Tata Consultancy Services (TCS), the agency appointed by Life Insurance Corporation of India (LIC), a single-judge bench of Subodh Abhyankar, J., held that failure of a machine cannot be the basis to deny someone’s legitimate claim when identity is otherwise verifiable and no mala fide is alleged. The Court quashed the impugned rejection order and directed LIC to verify the petitioner’s identity through documentary evidence and issue the appointment letter within four weeks. Read more HERE
MADRAS HIGH COURT | “Inconceivable that entire proceedings could have been concluded fairly within two weeks”; Order quashing disciplinary action against Canara Bank employee, upheld
In a writ appeal filed by Canara Bank under Clause 15 of the Letters Patent, to set aside the order passed by the single judge, wherein the Court quashed the disciplinary proceeding and dismissal order against an employee, the division bench of G.R. Swaminathan* and P. Vadamalai, JJ. said that it is inconceivable that the entire proceedings could have been concluded in a fair manner within a period of two weeks. Thus, for gross violation of principles of procedural fairness, the impact of clause 5.2 on the disciplinary action, and the non-speaking nature of the order, the Court declined to interfere with the order of the Single Judge. Read more HERE
TELANGANA HIGH COURT | Defamation case filed by Congress against BRS working President and MLA, KT Rama Rao for siphoning of Rs. 25,000 Crores statement, quashed
In a petition filed for quashing of a defamation case filed against K. Taraka Rama Rao (‘KTR Rao’), Bharat Rashtra Samithi (‘BRS’) Working President and MLA, by a member of the Indian National Congress Party (‘Congress Party’) alleging that he made a statement that Rs. 25,000 Crores would be siphoned off to Congress Party by the current Chief Minister of Telangana (‘CM’), a Single Judge Bench of K. Lakshman, J., allowed the petition and quashed the impugned complaint, holding that the contents of the FIR and the witness statements lacked the ingredients of the offences punishable under Sections 352, 353(2) and 356(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). Read more HERE
ALLAHABAD HIGH COURT | Hathras gang rape & murder case| Criminal proceedings against suspended SHO refused to be quashed
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the entire proceedings, including summoning order for offences under Sections 166-A(b)(c), 167 of the Penal Code, 1860 (‘IPC’) , arising out of first information report under Sections 307, 376D, 302 IPC, and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. (‘SC/ST Act’), the Single Judge Bench of Raj Beer Singh, J. held that the arguments raised by the accused involved disputed questions of fact, which could only be appropriately examined during trial. Even the legal points raised were better suited for adjudication by the Trial Court. The High Court’s jurisdiction under Section 482 CrPC does not extend to evaluating the credibility or reliability of the prosecution’s version at this stage. Accordingly, the Court concluded that no grounds existed to quash the proceedings, and the application under Section 482 CrPC was found to be without merit and was therefore dismissed. Read more HERE
STAY OF PROCEEDINGS
MADHYA PRADESH HIGH COURT | Proceeding under Section 307 IPC against BJP leader Akshay Kantilal Bam stayed till next date of hearing
In a petition filed by petitioners, including BJP leader Akshay Kantilal Bam seeking stay of proceedings before the Sessions Court, a single-judge bench of Sanjeev S. Kalgaonkar, J., stayed further proceedings till next date of hearing and directed the State to submit the case diary and relevant documents. Read more HERE
ORISSA HIGH COURT | Nepal Student’s Death at KIIT | Interim relief granted, NHRC proceedings stayed
In a criminal writ petition by Kalinga Institute of Industrial Technology, Bhubaneswar (‘KIIT’) challenging National Human Rights Commission’s (‘NHRC’) order taking cognizance of the matter alleged suicidal death of a female under-graduate student from Nepal, the Single Judge Bench of Dr. SK Panigrahi, J. allowed the plea and granting interim relief to KIIT, stayed the impugned decision and all further proceedings against KIIT. KIIT also impugned the direction for the constitution of Spot Inquiry Team in the said matter. Read more HERE
REDUCTION OF SENTENCE
CHHATTISGARH HIGH COURT | ‘Deserves some reprieve in matter of sentence’; Sentence of man convicted under S. 377 IPC for sodomizing his friend after watching porn, reduced
In a matter where the convict was convicted under Section 377 of the Penal Code, 1860 (‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’) for sodomizing his friend/neighbour after watching pornographic material, a Single Judge Bench of Rajani Dubey, J., partly allowed the appeal holding that the convict deserved some reprieve. The Court also set aside his conviction under Section 4 of POCSO, holding that the prosecution had failed to establish that the victim was a minor at the time of the incident. Read more HERE
