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Supreme Court quashes FIR against GPA holder in a land dispute, holding that the ingredients of cheating were absent and the dispute was purely civil in nature.
The Court observed that arrest is not designed to operate as a punitive measure nor as an instrument for demonstrating the authority of the investigating agency.
In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.
The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.
Meghalaya High Court upholds the conviction under Sections 6 and 8, POCSO Act for 20 years of rigorous imprisonment and fine. The Court directed the DLSA and the DCPO, East Khasi Hills District to ensure that the benefits under POCSO, are made available to the survivor and her child at the earliest.
The Bar Council of India has issued an urgent interim order suspending Advocate Samarth Singh following serious allegations of dowry death and cruelty in connection with his wife’s death.
The Court took note of the hallucination of facts in the Punjab and Haryana High Court’s order while setting it aside.
“If the press and the media are doing their duty fairly and accurately … the courts should restrain itself from dragging them into courts on the mere asking.”
Punjab Government has announced that FIR downloads from the Sanjh Portal and copies from Sanjh Kendras will now be free of charge, with the earlier ₹80 service fee withdrawn with immediate effect.
“Although this Court recognizes that police personnel also have the right of private defense and may use force in appropriate circumstances, it is well settled that where death occurs or grievous injuries are caused to the accused, the procedure mandated by the Supreme Court must be strictly followed.”
The directions were issued with the aim to institutionalize a standardized format for cataloguing witnesses, documentary evidence, and material objects, in order to facilitate better comprehension and immediate reference for all stakeholders, including the Appellate Courts
When the lawyer failed in allegedly threatening the police officers, he drove away from the spot against their instructions.
“Even if the allegations of the complainant are taken at the highest, considering the complainants conviction in a case arising out of same incident, the same can at best be considered as a self-defense or an altercation at the stage when the complainant has formed an unlawful assemble and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”
The Court further emphasised the well-settled legal principles that bail is the rule, and jail is the exception, and that an accused must be presumed innocent until proven guilty.
“Bihar Prohibition and Excise Act does not prohibit sale etc. of the non-alcoholic substances in conformity with the standard set by the BIS”
“It is quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to the petitioner who is a 71-year-old woman, and when she is neither seller nor purchaser nor a witness or the beneficiary of the sale deed dated.”
It is well known that in complaints of these kinds sometimes even neighbours or match-makers are indicted and as such to hold that this kind of FIR were to be accepted, to exclude any person from public employment, would be a travesty of justice.
“Making statements such as, the wife does not wear proper clothes or was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given in Section 498-A of the Penal Code, 1860.”
The Court emphasised that the manner of the commission of offence, its location and the post-incident conduct of the accused raised serious concerns regarding possibility of obstruction of justice if the bail is granted to the applicant.
It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.