2022-07-19
From Para 4,
4. Until further orders, there shall be an ad-interim stay of the common impugned judgment and final order dated 23rd March, 2022 passed by the High Court of Karnataka in Writ Petitions No.48367/2018 and 50089/2018 and further proceedings in relation to Special C.C. No. 356 of 2017 arising out of FIR bearing Crime No. 19/2017, pending before the Additional City and Sessions and Special Court for cases under the POCSO Act, Bangalore.
The Karnataka HC decision is here.
After lot many delays, I moved forward on the Bigamy complaint against the disgruntled knife at Ongole.
2022-07-18
Went to Ongole to attend the Spandana Programme to submit my complaint of Bigamy against the Knife. The Staff at the SP Office directed me to the Taluka PS which is adjacent to the SP Office. The Writer heard me and took me to the CI. Questions raised are as follows:
2022-08-22
Came to Taluk PS to ask for FIR and give my 161 CrPC Statement, if FIR was done. Of course, as expected the responsible persons were on Bandobast duty and hence not available at Police Station. So with this, CrPC 154(1) is complied and completed. Next CrPC 154(3) and the follow it up with another visit to Ongole SP Office on a Spandana-Monday.
2022-09-05
Went to SP office straight and waited for my turn. First time experiencing a public grievance system. My issue was documented into a template and I was asked to appear before a DSP. I wanted for my turn and when it was time, I went in and sat before the DSP. After a lot of questions and answers (from me, obviously), the DSP directed (both orally on the phone) and on the template to register an FIR and investigate. Hurrraaayyyyyyyyy!
I got successfully registered my complaint at Spandana (weekly once public grievance program in all Govt offices of AP)
The interaction was interesting and I found another lead to pursue my other goal. Conduct free legal awareness sessions.
DSP: Being advocate, don’t you know that Police cannot directly register a 494 IPC case? (I did not hear the work ‘Cognizable’)
SP: It is made cognizable in AP sir.
DSP: (Surprised) Is it?
SP: Yes sir, here is the 2-page copy of the State amendment.
DSP: Immediately dials the Assistant Direction of Prosecutions to confirm. Call ends in 15 seconds with positive news.
SP: Not many are aware of this amendment sir. Even I came to know about this only from AP High Court judgments (like here and here).
DSP: This is news to me, it was not covered in the training imparted to the Police attendees.
SP: (Flash lights in my mind) Not just this sir, another issue in PWDV Act is also horribly implemented in AP and I filed petitions before the AP High Court.
DSP: Calls the CI of the Taluka PS, Ongole. No response. Calls the Writer in the Taluka PS. Comes to know the regular CI is on leave and only in-charge is in the Station. Call in-charge and orally directs that a case has to be registered for 494 IPC and the victim is an advocate and it will be difficult for you (in-charge/regular CIs) if he goes to High Court.
SP: Thanked the DSP profusely and offered to send the case laws to him over phone. Obtained his contact and immediately sent both the case laws. Later offered to take up any issue, with his support and guidance.
Overall, a good day, indeed!
2022-09-17
Hope this time around the FIR will be registered.
2025-06-07
Index of all cases laid on me is here.
348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.—
(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides—
(a) all proceedings in the Supreme Court and in every High Court,
(b) the authoritative texts—
(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State,
(ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and
(iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State,
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause (b) of clause (1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.
A division bench of Gujarat High Court held as follows regarding the language of a High Court.
From Paras 13, 14 and 15,
13. Before we further proceed to examine the aspects of competency to assist the Court, we need to first consider on the aspect of language of the High Court. Article 343 of the Constitution of India provides for official language of the Union. Whereas, Article 348 of the Constitution of India provides for languages of Supreme Court and High Court, etc. It is hardly required to be stated that before the constitution was framed, there were constitutional debates and deliberation on various points including about language to be used in Supreme Court and High Courts. After deliberations constitutional framers have finalised Article 348 of the Constitution. The aforesaid shows that until the Parliament by law otherwise provides, all proceedings in the Supreme Court and every High Court shall be in English. Sub-Article (2) provides that the Governor of the State may with the previous consent of the President Authorise the use of Hindi language or any other language in the proceedings of the High Court having its principal seat in that State. But such would not be applicable to any judgment decree or order passed or made by such High Court.
14. The Parliament has enacted the Official Language Act, 1963 for providing languages to be used for official purpose of Union for transaction of business in Parliament under Central and State Act and also for certain purposes in the High Courts. The aforesaid shows that the President may authorise the use of Hindi or official language of the State in addition to English language for the purpose of any judgement decree or order passed or made by the High Court, but such shall be accompanied by a translation of the same in English language.
15. The aforesaid are the enabling powers, but so far as High Court of Gujarat is concerned, the learned Advocate General after verification, made a clear statement that no such order has been passed by the Governor under Article 348 (2) of the Constitution nor any order for authorisation has been passed by the President for use of Gujarati language or any other language and he further submitted that English language is already prescribed in the proceedings of the High Court and Supreme Court by Article 348 (1) of the Constitution. To say in other words, in absence of any order of the Governor under Article 348(2) of the Constitution or in absence of any authorisation under Section 7 of the Official Language Act, the language of the High Court of Gujarat as per the Constitution of India has to be English since the word used by the Constitution is “Shall be in English language”. Hence, it can be said that the language of the High Court of Gujarat shall be English unless any authorisation has been issued under Article 348(2) of the Constitution of India or under section 7 of the Official Language Act by the Governor or the President, as the case may be.
From Para 18,
18. It is hardly required to be stated that the Constitution or any provision of the Constitution will prevail over any Act or the law made by the Parliament or the Rules made by any Rule making authority. If Rule 37 is to be given effect read with the above referred constitutional provision, it would mean the memorandum of proceedings by a party may be submitted in Gujarati or in English, but if it is in Gujarati, the party may be asked to supply English translation also and if there has no financial capacity to provide English translation, Court may direct the English translation to be made by the High Court and thereafter, the matter may be considered further. If Rule 37 of the Rules is not interpreted in that manner, it would run counter to Article 348 of the Constitution.
Citations :
Other Sources :
https://indiankanoon.org/doc/178909148/
https://www.casemine.com/judgement/in/5ac5e38c4a93261a1a76788f/
A division bench of Apex Court passed the following guidelines with respect to Arrest and Bails
From Para 24,
24.Section 41A deals with the procedure for appearance before the police officer who is required to issue a notice to the person against whom a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence, and arrest is not required under Section 41(1). Section 41B deals with the procedure of arrest along with mandatory duty on the part of the officer.
25.On the scope and objective of Section 41 and 41A, it is obvious that they are facets of Article 21 of the Constitution. We need not elaborate any further, in light of the judgment of this Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273:
26.We only reiterate that the directions aforesaid ought to be complied with in letter and spirit by the investigating and prosecuting agencies, while the view expressed by us on the non-compliance of Section 41 and the consequences that flow from it has to be kept in mind by the Court, which is expected to be reflected in the orders.
27.Despite the dictum of this Court in Arnesh Kumar (supra), no concrete step has been taken to comply with the mandate of Section 41A of the Code. This Court has clearly interpreted Section 41(1)(b)(i) and (ii) inter alia holding that notwithstanding the existence of a reason to believe qua a police officer, the satisfaction for the need to arrest shall also be present. Thus, sub-clause (1)(b)(i) of Section 41 has to be read along with sub-clause (ii) and therefore both the elements of ‘reason to believe’ and ‘satisfaction qua an arrest’ are mandated and accordingly are to be recorded by the police officer.
28.It is also brought to our notice that there are no specific guidelines with respect to the mandatory compliance of Section 41A of the Code. An endeavour was made by the Delhi High Court while deciding Writ Petition (C) No. 7608 of 2017 vide order dated 07.02.2018, followed by order dated 28.10.2021 in Contempt Case (C) No. 480 of 2020 & CM Application No.25054 of 2020, wherein not only the need for guidelines but also the effect of non-compliance towards taking action against the officers concerned was discussed. We also take note of the fact that a standing order has been passed by the Delhi Police viz., Standing Order No. 109 of 2020, which provides for a set of guidelines in the form of procedure for issuance of notices or orders by the police officers. Considering the aforesaid action taken, in due compliance with the order passed by the Delhi High Court in Writ Petition (C) No.7608 of 2017 dated 07.02.2018, this Court has also passed an order in Writ Petition (Crl.) 420 of 2021 dated 10.05.2021 directing the State of Bihar to look into the said aspect of an appropriate modification to give effect to the mandate of Section 41A. A recent judgment has also been rendered on the same lines by the High Court of Jharkhand in Cr.M.P. No. 1291 of 2021 dated 16.06.2022.
29.Thus, we deem it appropriate to direct all the State Governments and the Union Territories to facilitate standing orders while taking note of the standing order issued by the Delhi Police i.e., Standing Order No. 109 of 2020, to comply with the mandate of Section 41A. We do feel that this would certainly take care of not only the unwarranted arrests, but also the clogging of bail applications before various Courts as they may not even be required for the offences up to seven years.
30.We also expect the courts to come down heavily on the officers effecting arrest without due compliance of Section 41 and Section 41A. We express our hope that the Investigating Agencies would keep in mind the law laid down in Arnesh Kumar (Supra), the discretion to be exercised on the touchstone of presumption of innocence, and the safeguards provided under Section 41, since an arrest is not mandatory. If discretion is exercised to effect such an arrest, there shall be procedural compliance. Our view is also reflected by the interpretation of the specific provision under Section 60A of the Code which warrants the officer concerned to make the arrest strictly in accordance with the Code.
Citations :
Other Sources :
There is another Order passed earlier in this very same case with respect to NBW recall here.
Index of Bail Judgments is here.
A division bench of Allahabad High Court held that, Once the written statement contains an admission in favor of the plaintiff, the amendment of such admission of the defendants cannot be allowed to be withdrawn and such withdrawal would amount to totally displacing the case of the plaintiff which would cause him irretrievable prejudice. In the present case the question now is whether the admission made by the defendant in favour of the plaintiff can be withdrawn and the answer in the language of the apex court is ‘not permissible’.
From Para 4,
4. We have heard Sri Madan Mohan Chaurasiya, learned counsel for the review applicants, and requested him to explain the delay in filing the review application, to which he gave a strange reply that he advised his clients that they may take a chance by filing this review application after a period of six years. We are pained to note that an advocate should not give such an advise when there is no error apparent on the face of record nor was there any other reason that why the matter be re-agitated after it was finally decided.
From Para 7,
7. The expression “sufficient cause” in Section 5 of Act, 1963 has been held to receive a liberal construction so as to advance substantial justice and generally a delay in preferring appeal may be condoned in interest of justice where no gross negligence or deliberate inaction or lack of bona fide is
imputable to parties, seeking condonation of delay. In Collector, Land Acquisition Vs. Katiji, 1987(2) SCC 107, the Court said, that, when substantial justice and technical considerations are taken against each other, cause of substantial justice deserves to be preferred, for, the other side cannot claim to have vested right in injustice being done because of a non deliberate delay. The Court further said that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.
A single judge of Madras HC held as follows.
From Para 46,
46.For the foregoing discussions, the Writ Petition is dismissed, leaving the parties to bear their own costs. Further, this Court directs the Petitioner/A2 to co-operate with the Investigating Agency in respect of Crime No.304 of 2012 by joining the investigation and to make his appearance before the Investigating Officer. After completion of the investigation, the concerned Investigating Agency is to file a charge sheet before the concerned Court in the manner known to law and in accordance with law, as expeditiously as possible (since the LOC cannot be issued periodically for a indefinite period and issuance of the same cannot hang on like a Damocle’s Sword on a Person’s Head). As and when the investigation is completed and charge sheet is filed, it is open to the Petitioner/A2 either to seek the aid of Authority/Officer (based on the request made by the concerned authority), who ordered
the issuance of LOC or the trial Court where a case is pending or having jurisdiction over the concerned Police Station relating to the cancellation of LOC, (provided it is in force and alive), by filing necessary petition in accordance with law. Also that, the LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court’s jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant. Also, it is open to the Petitioner/A2 to seek permission of the trial Court by projecting necessary petition for proceeding abroad setting out necessary details/particulars, like places to which he intends visiting/ travelling, the addresses of the places where he would be staying or residing and the duration, the object of visit/travel etc., if so advised. Consequently, connected Miscellaneous Petition is also dismissed.
Citations :
Other Sources :
https://indiankanoon.org/doc/31460970/
https://www.casemine.com/judgement/in/5ac5e4104a93261a672d99d2
Index of judgments about Look Out Circular Notices is here.
Single bench of AP High Court held as follows based on Sumer Salkan decision here.
In view of the law declared by the Apex Court in Rajesh Sharma and others v. State of Uttar Pradesh and another, issue of red corner notice against the family members of the husband of the victim of an offence punishable under Section 498- A of I.P.C is quashed. However, the Apex Court and the other courts laid down certain guidelines as to when such a red corner notice is to be issued. Based on the guidelines, issued in Sumer Singh Salkan v. Asst. Director and others1, the Delhi High Court observed as follows:
The questions are answered as under:
A. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.
B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.
C. The person against whom LOC is issued must join investigation by appearing before I.O. Or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial Court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
Citations :
Other Sources :
https://indiankanoon.org/doc/28103125/
Index of judgments about Look Out Circular Notices is here.
A District Court in Delhi passed this detailed Judgment, relying on earlier Madras HC judgment here.
From Para 7,
At this juncture, reference may be made to Saleem P.A. etc. v. State reported as (1994) 2 LW (Crl.) 402, which is relevant for the present purpose. Paragraph 24 thereof is reproduced as under:
“ 24. In view of the discussion as above, the following positions emerge:
1. Issuance of a warrant of arrest by a Court under the Code shall remain in force beyond the date fixed for its return, until it is cancelled or executed.
2. Since the court, which issued the warrant has the power to cancel it, it is but necessary for the person against whom a warrant of arrest had been issued to approach the said Court, by his personal appearance, for its cancellation, which issued it.
3. Once a person accused of an offence against whom a warrant of arrest had been issued makes his personal appearance, with a petition for its cancellation, before the Court, which issued it, it behaves on its part not to take him into custody and send him to prison immediately after his appearance, but to pass an order on such petition, forthwith, without brooking any sort of a delay and if the order so passed ends in his favour, he
shall be bound over to appear before court on an earliest date fixed for hearing on trial, as the case may be, or otherwise, he could be taken into custody forthwith and sent to prison, with a direction to the prison authorities for his production before court on the earliest date fixed for such hearing or trial is over, so as to enable it to proceed, with ease and grace, and without any obstruction whatever, thereby not affecting in the least his right to speedy trial, a goal to be achieved, as enshrined under Article 21 of the Constitution, or on his application, being presented, release him on bail, on his executing a bond for a specified sum, with sufficient number of sureties, for such sum to secure his appearance on the dates fixed for hearing or trial, as the case may be.
4. However, a person aggrieved by an order of refusal of the cancellation by a Magistrate, who issued the same, can further agitate the same, if he so desires, by filing a revision, either under Section 397 or 401 of the Code, and then resort to invoke the inherent power of this court under Section 482 of the Code, if grounds for resortment to such a course existed (emphasis supplied).”
In the light of above discussion, it is clear that the present revision petition is maintainable.
Citations :
Other Sources :
https://indiankanoon.org/doc/108983018/
NBW judgments here.
Madras High Court held that, Dismissal of NBW Cancellation is not Interlocutory so Revision is Maintainable u/s 397 CrPC.
(24) In view of the discussions as above, the following positions emerge:
(1) issuance of a warrant of arrest by a court under this code shall remain in force beyond the date fixed for its return, until it is cancelled or executed.
(2) since the court, which issued the warrant has the power to cancel it, it is but necessary for the person against whom a warrant of arrest had been issued to approach the said court, by his personal appearance, for its cancellation, which issued it.
(3) once a person of an offence against whom a warrant of arrest had been makes his personal appearance, with a petition for its cancellation, before the court, which issued it, it behoves on its part not to take him into custody and send him to prison immediately after his appearance; but to pass an order on such petition, forthwith, without borrowing any sort of a delay and if the order so passed ends in his favour, he shall be bound over to appear before court on an earliest date fixed for hearing or trial, as the case may as, or otherwise, he could be taken into custody forthwith and sent to prison, with a direction to the prison authorities for his production before court on the earliest date fixed for such hearing or trial and on such other dates till the trial is over, so as to enable it to proceed, with ease and grace, and without any obstruction whatever, thereby not affecting in the least his right to speedy trial, a goal to be achieved, as enshrined under article 21 of the constitution; or on his application, being presented, release him on bail, or his executing a bond for a specified sum, with sufficient number of sureties, for such sum to secure his appearance on the dates fixed for hearing or trial, as the case may be.
(4) however, a person, aggrieved by an order of refusal of the cancellation by a magistrate, who issued the same, can further agitate the same, if he so desires, by filing a revision, either under section 397 or 401 of the code, and then resort to invoke the inherent power of this court under section 482 of the code, if grounds for resortment to such a course existed; and
(5) section 482 of the code is not at all attracted for simpliciter tre – call of a warrant; but, on the other hand, it is getting attracted for execution of a warrant, by issuance of a direction to a police officer or for that matter, any other person to whom it is issued, for its immediate compliance.
Citations : [1994 CRIMES 3 991]
Other Sources :
https://www.casemine.com/judgement/in/56e669e9607dba6b53435671
NBW judgments here.
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