(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Month: December 2020
Kamlesh Kumar Vs Girish Kapoor and Anr on 12 Apr 1984
One of the earliest judgments on Stay proceedings in a Revision at Sessions Court.
From Paras 6 and 7,
6. The above order was passed in revisional jurisdiction of the Sessions Judge. Obviously that jurisdiction was exercised Under Section 397, Cr.P.C. Under its provisions the Sessions Judge could pass an interlocutory order by directing “that the execution of any sentence or order be suspended….” It is, therefore, clear that in a revision, the Sessions Judge could, during the pendency of the revision, suspend either sentence or order against which the revision has been filed. In the present case there is no question of any sentence. There was only the order in question against which revision was filed. At best the said order could only be suspended during the pendency of the revision.
7. The question of suspending the order would only arise if it was still to be executed. If the order had already come into operation, there remained nothing to be suspended. In the present case it is undisputed fact that in pursuance of the order of the learned Magistrate, applicant Kamlesh Kumar had already executed the necessary bonds on the same date and had taken delivery of the said print of the film ‘Naseeb’. Accordingly there remained nothing which could be suspended.
Casemine Version:
Citations :
Other Sources :
https://indiankanoon.org/doc/1179659/
https://www.legalcrystal.com/case/473801/kamlesh-kumar-vs-girish-kapoor-anr
Arun Thakur Vs State of Chhattisgarh on 10 July 2019
Whether an Advocate, while acting under the instructions of his client and proceeding professionally, can be prosecuted / punished for the offence of defamation punishable under Section 500 of the Indian Penal Code is the precise question involved in this petition which came before High Court of Chhattisgarh.
From Para 10,
10. It appears from the aforesaid genealogical tree that respondent No.2 herein has been shown to be the concubine / wife of Ghanshyam Pandey. This, according to respondent No.2, is defamatory, as she is the legally married wife of Ghanshyam Pandey after the death of his first wife Smt. Tarini Pandey and that led to the present dispute.
From Para 24,
24. In light of above-stated legal analysis, an advocate, who acted professionally as per instructions of his/her client, cannot be made criminally liable for the offence of defamation under Section 500 of the IPC unless contrary is alleged and established.
From Para 26,
….
As such, an Advocate who has acted professionally and drafted plaint making averment as per the instructions of his client, cannot be held liable for the offence of defamation under Section 500 of the IPC.
Finally from Para 33,
33. Admittedly, respondent No.2 claims that the alleged incident happened in the year 2014 and after lapse of 3-4 years, FIR has been lodged which clearly goes to show that there was no intention of the petitioner to cause harm, as in such a case, she would have rushed to the police authority well in time. As such, even it cannot be held that the petitioner has abused and insulted respondent No.2 in terms of Section 506 of the IPC.
Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
Single-judge bench held that husband has to pay maintenance even if wife is earning salary and he does not have salary. Just 15 pages. Read yourself.
State of Telangana Vs Bodusu Naresh Yadav and Ors on 17 Dec 2019
Posting this Conviction judgment only for awareness of the visitors to this site, on the focal point that, how a baseless judgment looks like. Just 24 Pages. Judgment begins around Para 18.
Enjoy !!!
State of Andhra Pradesh and Anr Vs Varla Ramaiah and Ors
After facing another slipper shot at AP HC here, State Government filed SLP(C) at Supreme Court.
On 05 Nov 2020,
Notice was issued to Respondents
Just for this, the following payments (total: Rs.20,16,667/) are made to 3 advocates.
- Dushyant A.Dave 11,00,000
- Shekhar Naphade 5,50,000
- Mahfooz Ahsan Nazki 3,66,667
Varla Ramaiah Vs State of Andhra Pradesh on 16 Sep 2020
State Government issued GOs to review all decisions taken by TDP Government.
GO.Rt.No. 1411
GO.Rt.No. 344
Varla Ramaish garu filed WP at AP High Court and the honorable granted stay on the operation of both the above GOs.
As usual, State Government went to Supreme Court here against the stay Order given by AP HC.
Sarva Mangala Vs Station House Officer on 4 Jan 2018
Karnataka High Court has set aside the dismissal of the discharge petition u/s 227 CrPC against the Petitioners, up on whom vague allegations were made which did not attract the offences alleged in Charge sheet.
From Para 7,
7. I have meticulously gone through the statement of C.W.1-Vedha, because, she has categorically stated about the accident taken place on 25.07.2015 and she actually saw on that day accused Nos.1 and 2 came in a tipper lorry and dashed the Nano car, wherein C.W.1 and her child and parents were there. Due to the said impact, her father and mother died on the spot. C.W.1 and her child sustained injuries. She has also categorically stated that when she questioned her husband as to why he has given complaint as if it is an accident, then, he threatened her with dire consequence of killing her and the child. But, there is no allegation against these petitioners explaining as to how the incident has happened right from the beginning. Except stating that when accused Nos.3 and 4 though informed about the birth of female child, they did not come and see the child because, it is a female child. She has only stated that there was a small quarrel taking place in the family and sometimes, accused Nos.3 and 4 were also telling her to listen to their words, C.W.1 taken advantage of these small incidents in the family to make allegations. Even it has not been stated as to in what manner those small incidents, projected to mentally and physically harass her. Except making a bald and trivial allegation that they were also ill-treating and harassing her, nothing has been given in the statement except stating that they were quarrelling for trivial issues. Therefore, on these factual aspects, she omnibusly states that accused Nos.3 and 4 were also ill-treating and harassing her.
And from Para 9,
9. Framing of charges against the accused persons depends upon the facts and circumstances of each case. One case cannot be compared with another at all. The nature of the allegations made, strength of those allegations and surrounding circumstances have to be looked into by the Court in each case. In this particular case, till the point of time the incident took place, it appears that no allegations have been made against accused Nos.3 and 4. Though there are certain allegations against accused No.1 i.e., the husband of C.W.1, there is no serious allegations against accused Nos.3 and 4. In the above facts and circumstances, particularly, looking to the facts of this case, I am of the opinion that the trial Court has committed a serious error in ordering to frame charges against these petitioners for the offence under Sections 302 and 201 of IPC. It is apparently materials are lacking against these petitioners. Further, I am of the opinion that the allegations made are omnibus in nature and they are not sufficient to frame charges against accused Nos.3 and 4 even for the offence under Section 498-A of I.P.C. Therefore, I am of the opinion that the petitioners i.e., accused Nos.3 and 4 are entitled to be discharged.
Citations :
Other Sources :
https://indiankanoon.org/doc/121615977/
https://www.casemine.com/judgement/in/5a621de44653d00b3602ce39
Rithvik Balanagraj B and Anr Vs BCI and Ors
Two law students moved Karnataka High Court challenging BCI, KSLU decision to hold intermediate semester exams. Here is the Petition…
The Last status as on posting this message
Relevant News report: https://www.barandbench.com/news/litigation/two-law-students-petition-karnataka-hc-circulars-bci-kslu-intermediate-semester-exams
Earlier News Report (wherein the PIL was dismissed): https://www.livelaw.in/news-updates/law-students-move-karnataka-high-court-challenging-kslu-circular-for-holding-exams-165928
Kaushal Verma and Ors Vs State of Chhattisgarh on 08 Dec 2020
Supreme Court in this Order approved of Convenience Note submitted by Advocate Sumeer Sodhi to be a helpful aid that other Standing Counsels of States can follow as a Standard format.
In the end, we must observe that the presentation made by Mr. Sumeer Sodhi in the Note extracted above is an illustration how a case can be presented on behalf of the State. We may suggest that said Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court. The Registry may circulate copies of this Order to all the learned Standing Counsel for the States.
