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“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”
“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of Criminal Procedure Code, 1973, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act.”
When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.
“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”
“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”
“If a person sells a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is, the purchaser, may complain that the vendor committed the fraudulent act of cheating. But a third party who is not the purchaser under the deed may not be able to make such complaint.”
“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”
“The process of law would take its own course through the trial”
“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
Constitution of India — Art. 141 — Decision on question of sentence: Decision on question of sentence can never be regarded as
“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.
“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.”
“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”
The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.
A quick review of reported cases this week from various High Courts across the country
“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.”
The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.
The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.
Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”
Petitioner stated that he had not filed any such or similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition on 01-04-2024 and the present petition was filed on 17-05-2024.