CrPC 156(3) Judgments

Posted on April 7, 2022 by ShadesOfKnife

Here is a collection of judgments pertaining to utilization of CrPC 156(3).

Suresh Chand Jain Vs State of Madhya Pradesh and Anr on 10 Jan 2001 [SCI: The Complainant need not be examined on Oath by the Magistrate in an application under Section 156 (3) of Cr.P.C.]
Sakiri Vasu Vs State of U.P. and Ors on 7 Dec 2007 [SC: Magistrate has power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police; Sequence is 154(1), then 154(3) and then 156(3)]
Jagannath Verma and Ors Vs State of UP and Anr on 23 Sep 2014 [All HC: An order of the magistrate rejecting an application under Section 156 (3) of the Code for the registration of a case by the police and for investigation is not an interlocutory order. Such an order is amenable to the remedy of a criminal revision under Section 397]
Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015 [SCI: Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate; affidavit was mandatory in order to attach propriety and genuineness to the application preferred under Section 156 (3) of CrPC, it was ought to be supported with an affidavit so as to justify the set of allegations]
Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 [All HC: Costs imposed on police for not filing FIR despite Orders u/s 156(3)]
Commercial Toyota Vs State of Uttarakhand and Anr on 31 Jul 2019 [Uttarakhand HC: Non-filing of affidavit along with the application under S. 156(3) of CrPC held to be a curable defect]
Om Prakash Sharma Vs State of MP on 25 Mar 2021 [MP HC: Follow Sakiri Vasu, 154(1), 154(3) and 156(3) Cr.P.C.]
MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 [SCI: There is no scope for examining the complainant (or any witnesses) in a 156(3) CrPC proceeding, since that stage is pre-cognizance of any cognizable offence]
Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 [SC: Relying on Priyanka Srivastava decision, Supreme Court added that Magistrate has to hear the reasons for refusal to register FIR from IO before passing orders u/s 175(3) BNSS or 156(3) Cr.P.C.]

Go to All Protection from Police High-handedness

NBW Judgments

Posted on November 24, 2021 by ShadesOfKnife

Here are few cases which can come handy in case a dumbo trial court PO (presiding officer) passes a Non-bailable Warrant for your arrest.

P.A.Saleem Vs State of Madras on 13 Jul 1994 [Madras High Court – Revision is available if Recall of NBW is dismissed]
Bhagwan Premchandani Vs State of A.P. and Anr on 4 Nov 1997 [AP High Court]
Inder Mohan Goswami & Another Vs State Of Uttaranchal & Others on 9 October, 2007 [Supreme Court]
Arunkumar N Chaturvedi Vs The State of Maharashtra and Anr on 24 Dec 2013 [Bombay High Court]
S.Sundar Vs State of Tamilnadu on 02 Mar 2016 [Madras High Court: The Trial court can recall NBW without insisting upon the presence of the accused]
Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018 [Delhi District Court – Revision is available if Recall of NBW is dismissed, relies on P.A.Saleem]
Satender Kumar Antil Vs CBI and Anr on 07 Oct 2021 [SC: The Trial court can recall NBW without insisting upon the presence of the accused]
R.Sundar Vs The Sub Inspector of Police on 12 Oct 2023 [Madras High Court: The Trial court can recall NBW without insisting upon the presence of the accused; relies on Satender Kumar Antil]
Venus Remedies Ltd and Ors Vs State of Karnataka on 30 Oct 2023 [Kar High Court: The Trial court can recall NBW without insisting upon the presence of the accused; relies on Satender Kumar Antil]
Arige Venkataramaiah Vs State of Telangana on 20 Dec 2023 [Telangana HC: The Trial court can recall NBW without insisting upon the presence of the accused; relies on Satender Kumar Antil]

All Bail Matters here.

Maintenance granted only for a limited Time Period

Posted on September 8, 2021 by ShadesOfKnife

A list of decisions where maintenance was granted for only a limited time.

Vijayanand Dattaram Naik and Ors Vs Vishranti Vijayanand Naik and Anr on 13 Feb 2019

Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors

Posted on May 27, 2021 by ShadesOfKnife

On his birthday 14 May 2021, Member of Parliament Sri Kanumuri Raghurama Krishnam Raju was arrested from his home at Hyderabad by the AP CID Police and brought to CID office at Guntur. On the intervening night between 14th and 15th May 2021, he was subjected to the 3rd degree police torcher by the AP CID Police on the instruction of their Higher up who may be boot-licking their political masters. Then a slew of legal actions were put to motion…

On 19 May 2021,

The Police officials who tried to act smart and favor their pay-master Chief Minister of AP by not implementing the Order of High Court, got served with Contempt of Court notices. The High Court also showcased the shenanigans of the Superintendent of the Government General Hospital, Guntur who is also the wife of the head of the ruling party’s IT Cell also, who did not finish the examination of accused in time and made the High Court wait until 6PM, finally issuing a notice why action should not be taken under the provisions of Contempt of Court Act.

The AAG got rap on his butt from Justice Lalitha Kanneganti by saying that he could be referred to Bar Council for taking appropriate action, which may involve immediate suspension from Bar Association which will render him a non-advocate during suspension period and eventually getting kicked out of the Legal profession itself, all for the chamchagiri he intended to do to the Chief Minister of AP.

Hilarious stuff!!

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 19 May 2021

On 21 May 2021,

Supreme Court granted bail with usual conditions.

In our view, considering the injuries as reported by the Medical Board of the Army Hospital, we can prima facie form an opinion that the appellant may have been ill-treated while in police custody. Further, we are of the opinion that the charges against the appellant are not such in which custodial interrogation would be required as all the statements made by the appellant are on record and the FIR has been lodged only after a detailed enquiry by the State CID. Considering the totality of the circumstances and also the health position of the appellant, specially that the appellant has undergone heart bypass surgery in December 2020, which is not denied by the respondent and has also been noted in the report of the Medical Board of the Army Hospital, we deem it just and proper that the appellant be enlarged on bail

SC-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 21 May 2021

On 17 Jun 2021,

On the request of the petitioner’s advocate, AP High Court disposed of this petition as no further action is required.

HC-DB-Kanumuri Raghurama Krishnam Raju Vs State of AP and Ors on 17 Jun 2021

Change the Advocate

Posted on January 21, 2021 by ShadesOfKnife

Here are few case laws to support your effort in changing an advocate who is already on record of a Court in your cases.

R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000
New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019 [Only after the advocate was discharged by client, following the due procedure established by law, a client can engage a new advocate]

Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India

Posted on January 21, 2021 by ShadesOfKnife

This page lists case laws from different High Courts in which good directions were passed, that I want to be passed by other High Courts also, under Article 226 of the Constitution of India read with Article 227 of the Constitution of India. This is important because, decision of a High Court, being a Constitutional Court having jurisdiction only within the territory of the State of Union Territory for which it is High Court, has only persuasive value in a Court outside that State of Union Territory. (Some goals are here)

Allahabad High Court

Mohd Farman Vs State of UP on 12 Aug 2021 [Police person not to have beards against Circulars and Article 25 does not help]
Waseem Vs State of UP and Anr on 30 Aug 2022 [Guidelines regarding to Recording of 161 CrPC Statements]

Andhra Pradesh High Court

Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 [Give number to 340 CrPC Perjury application and dispose it according to law]
Sandeep Pamarati Vs High Court of AP and 14 Ors on 14 Nov 2022 [Clearance of ALL Old Cases those instituted prior to 2018]

Bombay High Court

Shital Krushna Dhake Vs Krushna Dagdu Dhake on 02 Feb 2018

Calcutta High Court

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home [UTPs unfit (under CPC and CrPC) to stand trial to be released]

Delhi High Court

K.S.Sumi Mol Vs Suresh Kumar E.K. on 31 Jul 2023 [Guidelines for Speedy disposal of Marriage and family related matters]

Gauhati High Court

Dipak Nayak Vs State of Assam and Ors on 23 Jun 2023 [Practice guidelines issued wrt Sexual and POCSO offences]

Karnataka High Court

Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
- relied on
Suprit Ishwar Divate Vs State of Karnataka on 10 Jun 2022 [No hand cuffing; Compensation for handcuffing; body cameras to all officers conducting arrests so that a record of the arrest may be made]
Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors on 19 Jul 2024 [Attach FIR copy along with 41A CrPC/35 BNSS Notice]

Kerala High Court

XXX Vs State of Kerala and Ors on 05 July 2022 [Ensure 24/7 access to crisis centre, legal support for sexual assault survivors]
Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022 [Right to be forgotten in certain case types]
Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 [Enhances Compensation Under ‘Loss Of Dependency’ adopting Notional Income Of a Deceased Child as Rs.30,000/-]

Madras High Court

Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 [Wonderful Guidelines for PWDVA cases]

Madhya Pradesh High Court

Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others [Effective implementation of Motor Vehicle Act/Rules in the State]

Patna High Court

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022 [Construct Retail stores with convenience facilities (toilets) on the State and National Highways in the State]

Telangana High Court

P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (Directions issued regd appearance of respondents in DV Cases)

Case laws or Judgments under SC and ST (Prevention of Atrocities) Act 1989

Posted on January 13, 2021 by ShadesOfKnife

A compilation of judgments from various Courts of India in relation to SC and ST (Prevention of Atrocities) Act 1989

Shelbin Vs State of Kerala on 16 February, 2018 (AB in a SC and ST Act case)
Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020 (Charge sheet Quashed; insult not in public view but over a phone call)
Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020 (A complaint u.s 156(3) is maintainable in the Special SC/ST Court)
Hitesh Verma Vs State of Uttarakhand and Anr on 05 Nov 2020

Zero FIR Case Laws/ Judgments

Posted on January 10, 2021 by ShadesOfKnife

Here is a list of judgments from Supreme Court and various High Courts and Legislative/Police Circulars, which talk about a concept called as Zero FIR, meaning register FIR first and then transfer it to appropriate Police Station in which territorial limits the alleged offence occurred. If FIR is not registered, IPC 166A proceedings can be initiated against the Police officers. More actions available here.

Case Laws or Judgments of Courts

Legislative / Police Circulars

Ministry of Home Affairs Dt: 2013-05-10 : 2013-05-10 Registration of FIR irrespective of territorial jurisdiction and Zero FIR
Ministry of Home Affairs Dt: 2015-10-12 : 2015-10-12 Advisory Compulsory Registration FIRs
DGP Office, Karnataka, Dt: 2019-11-26 : 2019-11-26 Registration of FIR (Zero FIR)

All Compensation Judgments for Motor Vehicle Accidents or other mishaps

Posted on January 4, 2021 by ShadesOfKnife

Here is a list of case laws (includes decisions from Supreme Court, High Courts, District Court and other bodies such as Consumer forums) regarding compensation in cases of accidental death or disability or other mishap which entitles compensation for the aggrieved. This is done under provisions under CrPC or Schemes setup by Courts/Government or under Article 21 of Constitution. Can be used to seek compensation in cases of loss of life, part/full disability, loss of reputation, loss of companionship etc.

Index of MASTER sitemap here.

Kirti Nagpal Vs Rohit Girdhar Case

Posted on November 21, 2020 by ShadesOfKnife

Set of cases filed by the ex-Couple, Kirti Nagpal Vs Rohit Girdhar

Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019 [Interim Maintenance u/s 24 of HMA was denied]
Kirti Nagpal Vs Rohit Girdhar on 20 Nov 2020 [Appeal on Divorce was dismissed]

Shades of Knife

True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications