ACQUITTAL
‘FIR not an encyclopedia, but can be used to corroborate or contradict informant’; Acquittal of 3 upheld in a 28-year-old murder case: Supreme Court
In a criminal appeal against the judgment of acquittal passed by the Madhya Pradesh High Court reversing the conviction recorded by the Trial Court against the accused persons, the Division Bench of CT Ravikumar* and Sudhanshu Dhulia, JJ. agreed with the High Court’s decision of acquittal and refused to interfere with the same. The Court upheld the High Court’s view in finding the prosecution witnesses unreliable.
‘Making wife sleep on carpet not cruelty’; Bombay High Court sets aside conviction u/s 306 IPC of husband and in-laws
In the present case, appeal was filed to challenge the judgment and order dated 15-04-2004 passed by the IIIrd Additional Sessions Judge, Jalgaon in a case wherein appellants were held guilty for offence punishable under Sections and read with Section of the (‘IPC’). A Single Judge Bench of Abhay S. Waghwase, J., opined that making the wife (deceased) merely sleep on carpet would not amount to cruelty and preventing her to mix with neighbour could not be termed as harassment. The Court stated that there was no evidence to show that at the point of suicide or any proximity to the suicide, there was any demand, cruelty, or maltreatment to connect them with the suicidal death and what triggered the suicide was a mystery. The Court, therefore, allowed the appeal, quashed, and set aside the conviction, and acquitted appellants of the offence punishable under Sections 498-A and 306 read with Section 34 of IPC.
Suspicion alone insufficient for conviction; Orissa High Court acquits two and convicts one in murder case
In a set of two criminal appeals arising out of judgment of the Trial Court convicting the convicts under Sections , read with Section , and Section of the (‘IPC’), the division bench of SK Sahoo* and Chittaranjan Dash, JJ., acquitted two of the convicts and upheld the conviction of the third one, and reiterated that suspicion howsoever strong, cannot be a substitute for proof of guilt of an accused beyond reasonable doubt.
ARREST
Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused
In the present case, petitioner sought a declaration that his arrest in relation to FIR dated 31-10-2023, registered at Karad City Police Station, Satara was illegal and in gross violation of the fundamental rights guaranteed to him under Articles and of the and he also sought a declaration that the consequential remand order dated 01-11-2023 and all the subsequent remand orders passed by the JMFC, Karad, were null and void and were in violation of fundamental rights guaranteed to him under the .
BAIL
Delhi High Court grants bail to property dealer accused of death of Head Constable during 2020 North-East Delhi Riots Case
A petition was filed seeking grant of regular bail under Section of the (CrPC) now Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) in FIR dated 26-02-2020 registered at Police Station- Dayalpur for offences punishable under Sections , , , , , , , , , , , , , , , , , , and of (“IPC”) read with Sections and of the (“PDPP Act”). Chandra Dhari Singh, J., granted regular bail, on furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount, subject to the satisfaction of the Court concerned subject to few conditions.
‘Marriage decided with good intent’; Bombay High Court grants bail granted to a man accused of impregnating his minor fiancé
In the present case, applicant sought bail in a case registered with Mukundwadi Police Station, Aurangabad for the offences punishable under Sections 64(2)(f), 64(2)(i), 64(2)(m), 65(1) of the Nyaya Sanhita, 2023 and Sections , , and of the (‘POCSO Act’). A Single Judge Bench of S.G. Mehare, J., after considering the family conditions of the victim and after noting that the victim’s parents wanted to protect her from the ill-eyes of society, they decided the marriage of applicant and victim, granted bail to applicant, who was accused of impregnating the minor victim, who he was to marry.
‘Convicted u/Section 6 of POCSO Act instead of Section 4’; Patna HC directs release of an old man after 10 years’ imprisonment; enhances victim compensation from Rs 4 to 5 lakhs
The Division Bench of Ashutosh Kumar and Jitendra Kumar*, JJ., opined that the present case was covered under Section of the (‘POCSO Act’) and not under Section 6 of POCSO Act, as the victim was found to be above 12 years of age and hence, penetrative sexual assault committed against her did not come under aggravated penetrative sexual assault as defined under Section 5 of POCSO Act. The Court, after considering appellant’s age, opined that imprisonment of appellant for 10 years would meet the ends of justice and thus, he was sentenced to the period he had already spent in custody and was directed to be released.
CONTEMPT OF COURT
Delhi High Court sentences Advocate for criminal contempt over scandalous allegations against judicial officers and police
A contempt petition was filed in response to repeated and scandalous actions by the respondent, who, over a span of time, filed numerous baseless complaints, nearly 30 to 40, against various judicial officers, police officers, and judges of the court containing derogatory and offensive language that disrespected the dignity of the judiciary, attempting to malign the image and authority of judicial officers. A division bench of Prathiba M Singh and Amit Sharma, JJ., held that the respondent’s conduct, which involved filing frivolous complaints and making scandalous statements against judicial officers, amounted to criminal contempt as it seriously undermined the authority of the court and impeded the administration of justice.
CONVICTION
It is not grave provocation if wife asks husband to wait for food: Orissa High Court upholds conviction of husband
In an appeal arising from the judgment and order of the Trial Court wherein the appellant had been sentenced to life imprisonment for the murder of his wife, the division bench of S.K. Sahoo and Chittaranjan Dash, JJ., held that the Trial Court was correct in relying on the sole testimony of the minor daughter who was eye-witness to the crime as her testimony was cogent and had been corroborated by medical evidence.
Delhi High Court upholds conviction of former Samajwadi Party MLA Irfan Solanki’s in arson case
In a criminal appeal filed by former Samajwadi Party Member of Legislative Assembly(‘MLA’) Irfan Solanki’s against the conviction order under Sections , , read with Section of the (‘IPC’), the division bench of Rajiv Gupta and Surendra Singh, JJ., held that although disqualification from the post of MLA due to conviction could lead to injustice and irreversible consequences, the Court must also consider wider ramifications of the stay of conviction. Accordingly, the Court rejected the appeal stating that Irfan Solanki had been properly convicted and has a long history of criminal antecedents.
CRIMINAL DEFAMATION
Delhi HC issues notice to BJP member Amit Malviya after he initiated criminal defamation against RSS Member
In a writ petition filed by a member of the Rashtriya Swayamsevak Sangh (‘RSS’) under Article of the read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) to quash the complaint filed by Amit Malviya (respondent 2), a BJP politician and President of I.T. Cell, Co-In charge of West Bengal Chapter, pending before the Patiala House Courts, New Delhi and to quash/set aside the order dated 31-07-2024 passed by the Patiala House Courts wherein a notice had been issued to the RSS member in terms of the proviso to Section 223 of BNSS, a Single Judge Bench of Jasmeet Singh, J. issued notice to Amit Malviya and made the same returnable on 04-03-2024.
CRIMES AGAINST WOMEN
Appellate Authority can consider interim application seeking stay despite absence of any specific provision in POSH Act: Karnataka High Court
While considering the instant petition challenging a final report of internal committee against Sexual Harassment of Women at Workplace and a consequent transfer order, the Bench of S. Sunil Dutt Yadav, J.*, explained that despite the absence of specific provision in POSH Act for granting of interim order, the Appellate Authority would have the power to consider the interim application.
Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: Madhya Pradesh High Court
In a writ petition challenging the dismissal of an Assistant Professor at Maulana Azad National Institute of Technology (NIT), Bhopal following allegations of sexual harassment made by students, a single-judge bench of Sanjay Dwivedi, J., deemed the internal inquiry, procedurally defective and contrary to natural justice and quashed the suspension orders and subsequent disciplinary actions.
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
In a criminal appeal filed by the convicts against the judgment of Trial Court sentencing them under Section read with Section of the (‘IPC’) on the ground that the marriage between the parties was not legal, the Single Judge Bench of Sophy Thomas, J. held that the marriage was valid because if there is some form of marriage, religious or customary, which has the colour of a legal marriage, then also the woman can seek protection under Section 498-A IPC.
CROSS-EXAMINATION
Madhya Pradesh High Court upholds closure of right to cross-examine prosecutrix due to usage of intentional delay tactics to harass her
In an application filed under Section of the (CrPC), challenging the Additional Sessions Judge’s order dated 06-03-2024 which closed the applicant’s right to cross-examine the prosecutrix due to repeated adjournment requests, a single-judge bench of G. S. Ahluwalia, J., denied the application to reopen cross-examination due to the applicant’s repeated delays and refusal to pay witness costs.
PMLA
Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court
In a criminal petition filed under Section of the (‘CrPC’) against the order rejecting the discharge application of the accused on the ground that cognizance was not taken by the Trial Court, the Single Judge Bench of Chandra Dhari Singh, J. held that the Trial Court has taken cognizance in accordance with law and the Explanation-II of Section 44(1)(b) of the PMLA does apply retrospectively. Thus, it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Directorate of Enforcement (‘ED’) complaint, unlike a private complaint under CrPC or Bharatiya Nagarik Suraksha Sanhita (BNSS).
PRACTICE AND PROCEDURE
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
In a case involving an allegation of rape by a housewife against police officials at the Ponnani Police Station, the Division Bench, comprising of Nitin Jamdar* CJ., and S. Manu, J. ruled that the Single Judge’s order must be set aside due to procedural irregularities. The Court noted that the writ petition had been filed without adhering to the proper procedural requirements, specifically bypassing the necessary procedure. Furthermore, the directions issued to the Magistrate were deemed inappropriate because none of the proceedings before the Magistrate were under challenge in the writ petition.
Delhi High Court issues detailed directions for tackling bomb threat emails targeting Delhi Schools
A petition was filed by the petitioner seeking immediate and urgent directions to the respondents to formulate and implement interim measures, in a time bound manner, till adequate SOP/laws/guidelines etc. are prepared to address situations of bomb threat emails targeting schools in Delhi. Sanjeev Narula, J., directed GNCTD and Delhi Police to finalize and implement the draft action plans and SOPs in a time-bound manner, conduct regular mock drills in schools under police supervision to ensure preparedness and assign specific nodal officers in each zone to oversee bomb threat responses.
Delhi Police to coordinate with social media platforms and prepare handbook for timely information from these platforms: Delhi High Court
In a case involving steps taken by social media platforms to provide timely information, the Division Bench of Pratibha M. Singh* and Amit Sharma, JJ., noted that in a large number of cases, the Investigation Officers might not be fully aware of the manner in which information could be obtained from the various platforms, and sometimes precious time was lost. Thus, the Court stated that insofar as the Delhi Police was concerned, the matter might be escalated to the Commissioner of Police at the Delhi Police Headquarters for coordinating with the platforms and for taking steps towards preparation of a handbook that might be utilised and disseminated to all police stations, who might need urgent information from these platforms.
Delhi High Court directs fresh hearing on charge framing after FSL-verified video evidence surfaces
A petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) challenging order dated 08-10-2021 made by Additional Sessions Judge (FTSC) (RC), South-West District, Dwarka Courts, Delhi in FIR dated 21-12-2020 registered under sections , , , and of (‘IPC’) at P.S. Najafgarh, Delhi, whereby the Sessions Court has been pleased to frame charges against the petitioner under sections 376, 328, 354-C, 385 and 506 IPC. Anup Jairam Bhambhani, J., held that the matter be remanded back to the Sessions Court for a fresh hearing on the question of framing of charges.
PUBLIC ORDER
Calcutta HC asks Police to submit report on alleged communal violence during Durga Puja and Lakshmi Puja celebrations in West Bengal
A PIL was filed raising concerns regarding communal violence in West Bengal during the Durga Puja and Lakshmi Puja celebrations in October 2024. A Division bench of Hiranmay Bhattacharya, and Md. Shabbar Rashidi, JJ., directed the Superintendents of Police of the districts concerned as well as the Commissioners of Police of the Police Commissionerate concerned to submit a report with regard to steps taken pursuant to the complaints which have been disclosed before the Director General of Police, West Bengal being the fourth respondent on or before 11-11-2024.
QUASHING OF PROCEEDINGS/COMPLAINT
[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: Supreme Court
In a criminal appeal against a decision of the Rajasthan High Court quashing the FIR against the accused teacher/ 3rd respondent considering that a compromise was reached between him and the father of the minor girl/ victim, the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. held that quashing the FIR in the serious offence of sexual assault solely on the basis of settlement and compromise between the parties was erred and required interference. Hence, the Court allowed the appeal and set aside the impugned order. Consequently, the FIR, investigation, and criminal proceedings pursuant thereto proceeded against the accused, in accordance with the law.
Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: Supreme Court
While considering the instant appeal wherein the appellant challenged Bombay High Court’s refusal to quash FIR against the appellant for offence of rape and breach of promise to marry; the Division Bench of B.V. Nagarathna and N. Kotiswar Singh*, JJ., allowed the appeal and opined that if criminality is to be attached to such prolonged physical relationship, as in the instant case, at a very belated stage can lead to serious consequences. It will open the scope for imputing criminality to such long-term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent criminal process. “There is always a danger of attributing criminal intent to an otherwise disturbed civil relationship of which the Court must also be mindful”.
Rajasthan High Court quashes Grievous Hurt charge against temple security in altercation at Eklingji Temple; allows trial for remaining offences
In a petition seeking quashment of charges filed against Eklingji Temple, Kailashpuri security personnel, a single-judge bench of Arun Monga, J., emphasised that the sufficiency of evidence for the allegations is a matter for the trial court, but partly allowed the petition, quashed Section 117(2)1 of the Bharatiya Nyaya Sanhita, 2023 (BNS) based on the lack of grievous injury and directed to proceed with remaining charges.
Kerala High Court quashes criminal case against director Sreekumar Menon filed by film actress
In a petition filed by film and Ad director Sreekumar Menon to quash the proceedings in the criminal case filed by a Malayalam movie actress against him for offences of stalking, obscenity or intent to insult a woman’s modesty, S. Manu, J. held that no offence had been committed under Sections 354D, 294(b), and 509 of IPC, and Section 120(o) of the Kerala Police Act.
Every nude painting is not obscene’; Bombay HC directs Custom Officials to release confiscated artworks of FN Souza and Akbar Padamsee
In the present case, petitioner challenged the order dated 01-07-2024 issued by Respondent 3, the Assistant Commissioner of Customs (‘ACC’) for confiscating the drawings by world-renowned artists, FN Souza and Akbar Padamsee on the ground that such artworks were “obscene”. Apart from confiscating the artworks, the impugned order dated 01-07-2024 also imposed a fine of Rs 50,000 on petitioner, being an importer. The Division Bench of M.S. Sonak* and Jitendra Jain, JJ., opined that every nude painting or every painting depicting some sexual intercourse poses could not be styled as obscene. The Court thus held that the impugned order was unsustainable and must be quashed and set aside and further, directed Respondent 3 to release the confiscated artworks to petitioner.
Difficult employment decisions by employers do not constitute abetment u/Section 306 IPC in absence of mens rea: Delhi High Court
The petitions were filed seeking to quash the order dated 17-09-2014 passed by the Metropolitan Magistrate (‘MM’), Tis Hazari Courts, Delhi summoning the petitioners in FIR filed under Section of (‘IPC’), registered at PS IP Estate. Amit Sharma, J., allowed the present petitions and set aside the summoning order as the allegations did not meet the threshold required to invoke the provisions of Section 306 IPC.
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In a petition filed by the petitioner to quash the criminal proceedings pending against him, Sanjay Kumar Dwivedi, J., stated that under Section of (‘CrPC’) and Article of the , the Court had wide power to quash the proceedings even in non-compoundable offences in order to prevent abuse of process of law and to secure ends of justice. The Court further stated that apart from the fact that abuses were not hurled in public, the timing of the complaint was required to be noticed. The litigations initiated by the victim was sought to misuse the provisions and abuse the process of law, only to wreak vengeance. It was due to the cases of this nature where the provisions of the Act were grossly misused, at times, genuine complaints of people who have actually suffered such abuses, would go into oblivion.
‘Hugging or kissing between teenagers in love is natural’, Madras High Court quashes case against 21-year-old boy accused of sexual harassment
In a criminal original petition filed under Section of the (‘CrPC’) to call for the records pertaining to the FIR and quash the same as illegal, N. Anand Venkatesh, J. held that no offence has been made out against the petitioner even if the allegations made in the First Information Report are taken as it is. Therefore, the continuation of the criminal proceedings against the petitioner will result in an abuse of process of law.
Delhi High Court quashes FIR against Madhuri Jain Grover, wife of Ashneer Grover, in economic offences case after settlement
A petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) read with Section of the seeking quashing of the FIR dated 10-05-2023 registered at Police Station — Economic Offences Wing, Delhi for offences punishable under Sections , , , , , , and of and all the consequential proceedings arising therefrom, in terms of the Settlement Agreement dated 30-09-2024. Chandra Dhari Singh, J., held that the FIR could be quashed if it was found that continuing the proceedings would serve no useful purpose and would only burden the judiciary with a matter that the parties had willingly resolved among themselves.
‘Bhangi, Neech, Bhikhari, Mangani are not caste-based slurs’; Rajasthan High Court sets aside charges under SC/ST Act
In a petition seeking to quash charges under and (SC/ST Act), a single-judge bench of Birendra Kumar, J., quashed the charges under SC/ST Act and held that to establish an offense under Section 3(1)(X) of the SC/ST Act, the intent to humiliate based on caste must be evident, and the act must occur within public view.
Rajasthan High Court quashes FIR under SC/ST Act against actress Shilpa Shetty for use of word “Bhangi” in 2013 Interview
In a petition filed by the petitioner, Actress Shilpa Raj Kundra, seeking the quashment of FIR for offenses under Section of the (IPC) and Sections of the (SC/ST Act), a single-judge bench of Arun Monga, J., held that the FIR lacked legal and factual merit, failed to establish essential ingredients of the alleged offenses, constituted an abuse of the process of law and accordingly, quashed the FIR.
Personal appearance of Company’s CEO not required for traffic challans disposal related to company vehicles: Delhi High Court
A petition was filed under Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of orders dated 19-07-2024 and 27-07-2024 passed by learned JMFC-02 (South), Saket Courts, Delhi whereby MD/CEO of Benetton India Private Limited (petitioner) was directed to appear in the proceedings taken up for disposal of traffic challans, which were issued for over speeding in respect of a vehicle registered in the name of the Benetton India. Anoop Kumar Mendiratta, J., directed that the MD/CEO of the company to appear solely for the disposal of traffic challans pertaining to the company-registered vehicle is uncalled for and does not align with the principles of judicial economy.
SUSPENSION OF SENTENCE
Suspension of sentence of fine with or without conditions depends on facts of each case and nature of the offence: Supreme Court
While considering the instant appeal filed by Central Bureau of Investigation (CBI) challenging the respondent’s suspension of sentence by single Judge Bench of Delhi High Court, the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ., said that while suspending sentence, especially sentence of fine, Appellate Court can impose conditions; however, whether the suspension of sentence of fine should be conditional or unconditional depends on the facts of each case and especially the nature of the offence. However, the approach of the Court may be different in case of offences punishable under and cognate legislations.
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