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“Even though every citizen is duty bound to help the police, that does not mean that refusal of the same shall be considered as an offence in all situations.”
“To prove an offence under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a particular community shall be targeted, or a particular member of a Scheduled Caste or a Scheduled Tribe shall be targeted.”
The copy pasting of statements may unnecessarily give advantage to the accused persons, because of which the seriousness of the genuine case may vanish.
Respondent 2 stated that the notice which her husband, Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her.
The applicant is made an accused as it is alleged that he made a speech and because of the said speech, co-accused persons, i.e., his party workers/followers got excited and pelted stones at a bus.
The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.
“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
From the contents of FIR, it cannot be gathered that there is any other evidence to show that applicant has used the electronic signature, password, or any other unique identification feature of any other person.
In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.
The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B1 or Section 342 of the Penal Code, 1860.
The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.
“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”