Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023

Posted on May 30, 2023 by ShadesOfKnife

A division bench of Apex Court passed this reportable judgment relying on a earlier decision.

From Para 11,

11. The law on issue as to what is to be considered at the time of discharge of an accused is well settled. It is a case in which the Trial Court had not yet framed the charges. Immediately after filing of chargesheet, application for discharge was filed. The settled proposition of law is that at the stage of hearing on the charges entire evidence produced by the prosecution is to be believed. In case no offence is made out then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court.
12. The law on the point has been summarised in a recent judgment of this Court in State of Rajasthan v. Ashok Kumar Kashyap2.

Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023

Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj Vs State of A.P and Ors on 15 Jul 1999

Posted on May 16, 2023 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 10 and 11,

10. Power of the police to conduct further investigation, after laying final report, is recognised under Section 173(8) of the Code of Criminal Procedure.Even after the court took cognizance of any offence on the strength of the police report first submitted, it is open to the police to conduct further investigation. This has been so stated by this Court in Ram Lal Narang v. State (Delhi Administration) AIR 1979 SC 1791. The only rider provided by the aforesaid decision is that it would be desirable that the police should inform the court and seek formal permission to make further investigation.
11. In such a situation the power of the court to direct the police to conduct further investigation cannot have any inhibition. There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumbering the court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard. As the law does not require it, we would not burden the Magistrate with such an obligation.

Citations: [1999 ACR SC 2 1580], [1999 AIR SC 2332], [1999 ALD CRI 2 340], [1999 CRI LJ 3661], [1999 CRIMES SC 3 117], [1999 JT SC 4 537], [1999 OLR 2 344], [1999 PLJR 9 83], [1999 SCALE 4 86], [1999 SCC 5 740], [1999 SCR 3 870], [1999 UJ 2 1270], [1999 SCC CRI 1047], [1999 KERLJ 2 272], [1999 CRLJ 0 366], [11999 SCC CR 0 1047], [1999 AIR SC 0 2429], [1999 SUPREME 6 47], [1999 CRLJ 0 1661], [1999 BOMCR SC 4 248], [1999 AIR SCW 0 2429], [1999 CRLJ SC 3661], [1999 JT 4 537], [1999 UJ SC 2 1270], [1999 CRLJ 3661], [1999 OLR SC 2 344], [1999 AIR SCW 2429], [1999 SCC CR 1047], [1999 CRILJ 3661]

Other Sources:

https://indiankanoon.org/doc/1308855/

https://www.casemine.com/judgement/in/5609ad59e4b0149711411248

Rajendra Kumar Vs Rukhmani Bisen on 02 Feb 2023

Posted on May 16, 2023 by ShadesOfKnife

A single bench judge of MP High Court at Jabalpur held as follows,

From Paras 5 and 6, (What is an interlocutory order?)

5. Now question remains for consideration is whether the order of interim maintenance passed under Section 125 of Cr.P.C is an interlocutory order? Consequently, whether criminal revision petition is lie against that order?
6. Term ‘Interlocutory Order’ has not been defined in the Cr.P.C. Hon’ble Apex Court in the case of V.C. Shukla vs State, reported in AIR 1980 (SC) 962, has given following observation in para No.23 regarding the nature of interlocutory order:-
“Thus, summing up the natural and logical meaning of an interlocutory order, the conclusion is inescapable that an order which does not terminate the proceedings or finally decides the rights of the parties is only an interlocutory order. In other words, in the ordinary sense of the term, an interlocutory order is one which only decides a particular aspect or a particular issue or a particular matter in a proceeding, suit or trial but which does not however conclude the trial at all. This would be the result if the term interlocutory order is interpreted in its natural and logical sense without having to resort to Criminal Procedure Code or any other statute. ‘That is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and this is what the term interlocutory order means when used in s. 11(1) of the Act.”

From Para 9,

9. In the case of Sumerchand vs Sandhuran Rani and Others, reported in 1987 Cr.L.J. 1396, Sunil Kumar Sabharwal vs Neelam Sabharwal, reported in 1991 Cr.L.J. 2056 High Court of Haryana and a order dated 15.11.18 passed by the High Court of Uttarakhand in the case of Ashu Dhiman vs Smt Jyoti Dhiman, Cr. Misc. Application (C-482) No.434/2018, it has been held that an order passed for interim maintenance under provisions of Section 125 of Cr.P.C is not an interlocutory order, hence, criminal revision petition is maintainable against such order.

Citations:

Other Sources:

Kalyan Dey Chowdhury Vs Rita Dey Chowdhury on 19 Apr 2017

Posted on May 15, 2023 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 16,

16. The review petition under Order XLVII Rule 1 CPC came to be filed by the respondent-wife pursuant to the liberty granted by this Court when the earlier order dated 02.02.2015 awarding a maintenance of Rs.16,000/- to the respondent-wife as well as to her minor son was under challenge before this Court. As pointed out by the High Court, in February 2015, the appellant-husband was getting a net salary of Rs.63,842/- after deduction of Rs.24,000/- on account of GPF and Rs.12,000/- towards income-tax. In February, 2016, the net salary of the appellant is stated to be Rs.95,527/-. Following Dr. Kulbhushan Kumar vs. Raj Kumari and Anr. (1970) 3 SCC 129, in this case, it was held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife. The amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance. Maintenance is always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors. Since in February, 2016, the net salary of the husband was Rs. 95,000/- per month, the High Court was justified in enhancing the maintenance amount. However, since the appellant has also got married second time and has a child from the second marriage, in the interest of justice, we think it proper to reduce the amount of maintenance of Rs.23,000/- to Rs.20,000/- per month as maintenance to the respondent-wife and son.

Download judgment here.

Citations: [2017 SCC ONLINE SC 440], [2017 AIR SC 2383], [2017 CDR SC 2 257], [2017 ALLMR 5 426], [2017 ALR 123 287], [2017 AWC SC 3 2259], [2017 ALT 3 51], [2017 ALD 4 176], [2017 BOMCR 3 765], [2017 CHN SC 2 212], [2017 CTC 3 209], [2017 CLT 124 555], [2017 DMCSC 2 1], [2017 ILR KER 2 335], [2017 JLJR 3 23], [2017 JKJ SC 2 1], [2017 JCC 3 1953], [2017 KHC 2 606], [2017 KLJ 2 614], [2017 OLR 1 946], [2017 PLJR 3 72], [2017 RLW SC 2 1154], [2017 RCR CIVIL 2 1033], [2017 SCALE 5 55], [2017 WLN SC 3 70], [2017 SCC 14 200], [2018 SCC CIV 1 216]

Other Sources:

https://indiankanoon.org/doc/87785076/

https://www.casemine.com/judgement/in/58f7912e53bee77d50c515fe

Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023

Posted on May 6, 2023 by ShadesOfKnife

A Constitution Bench of 5 judges held as follows,

From Para 40,

40. In view of our findings recorded above, we are of the opinion that the decisions of this Court in Manish Goel (supra), Neelam Kumar (supra), Darshan Gupta (supra), Hitesh Bhatnagar (supra), Savitri Pandey (supra) and others have to be read down in the context of the power of this Court given by the Constitution of India to do ‘complete justice’ in exercise of the jurisdiction under Article 142(1) of the Constitution of India. In consonance with our findings on the scope and ambit of the power under Article 142(1) of the Constitution of India, in the context of matrimonial disputes arising out of the Hindu Marriage Act, we hold that the power to do‘complete justice’ is not fettered by the doctrine of fault and blame, applicable to petitions for divorce under Section 13(1)(i-a) of the Hindu Marriage Act. As held above, this Court’s power to dissolve marriage on settlement by passing a decree of divorce by mutual consent, as well as quash and set aside other proceedings, including criminal proceedings, remains and can be exercised.

From Para 41,

41. Lastly, we must express our opinion on whether a party can directly canvass before this Court the ground of irretrievable breakdown by filing a writ petition under Article 32 of the Constitution. In Poonam v. Sumit Tanwar65, a two judges’ bench of this Court has rightly held that any such attempt must be spurned and not accepted, as the parties should not be permitted to file a writ petition under Article 32 of the Constitution of India, or for that matter under Article 226 of the Constitution of India before the High Court, and seek divorce on the ground of irretrievable breakdown of marriage. The reason is that the remedy of a person aggrieved by the decision of the competent judicial forum is to approach the superior tribunal/forum for redressal of his/her grievance. The parties should not be permitted to circumvent the procedure by resorting to the writ jurisdiction under Article 32 or 226 of the Constitution of India, as the case may be. Secondly, and more importantly, relief under Article 32 of the Constitution of India can be sought to enforce the rights conferred by Part III of the Constitution of India, and on the proof of infringement thereof. Judicial orders passed by the court in, or in relation to, the proceedings pending before it, are not amenable to correction under Article 32 of the Constitution of India.66 Therefore, a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage directly from this Court. While we accept the said view, we also clarify that reference in Poonam (supra) to Manish Goel (supra) and the observation that it is questionable whether the period of six months for moving the second motion can be waived has not been approved by us.

Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023

Citations: [2023 SCC OnLine SC 544]

Other Sources:

Earlier Matter is here.

Index of Divorce judgments is here.

State of AP Vs Mannem Trivikram Reddy on 28 Jun 2017

Posted on May 3, 2023 by ShadesOfKnife

The JMFC at Kadapa held that Legal Terrorism must be stopped.

From Para 16,

From the evidence of prosecution it is clear that except filing of Maintenance case and a case under Domestic Violence Act seeking monetary relief of one crore rupees, the court cannot come to a safe conclusion that there were cruelty on the part of accused for the want of additional dowry as was also observed by Apex court in the same Judgment at paragraph No.20, as these salutary provisions cannot be allowed to be misused by relatives, parents, etc., the glaring reality cannot be ignored that the early trend of false implication with a view to harass and black mail and innocent spouse and his relatives, is fast emerging. It is time to stop this unhealthy trend which results in unnecessary misery and torture to numerous affected persons. Even with regard to the omissions to make reference of demand in 161 Cr.P.C., statement the observations made in para No.21 can be considered. Apart from all that the investigating officer had not examined the relative of accused also as was specifically contemplated under police standing order 537 more specifically in clause (3) (d) and (g).

State of AP Vs Mannem Trivikram Reddy on 28 Jun 2017

Shades of Knife

True Colors of a Vile Wife

Month: May 2023

Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023

Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj Vs State of A.P and Ors on 15 Jul 1999

Rajendra Kumar Vs Rukhmani Bisen on 02 Feb 2023

Kalyan Dey Chowdhury Vs Rita Dey Chowdhury on 19 Apr 2017

Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023

State of AP Vs Mannem Trivikram Reddy on 28 Jun 2017