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True Colors of a Vile Wife

Category: High Court of Rajasthan Judgment or Order or Notification

Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Rajasthan High Court held as follows,

On perusal of the certified copy of the order-sheets, it appears that the application under Section 12 of the Act was filed way-back on 08.09.2016. Counsel appeared on behalf of respondents No.1 & 4 on 05.12.2016 and the matter is still pending before the Court of Addl. Chief Judicial Magistrate No.1, Neem Ka Thana, Sikar whereas as per provisions of Section 12(5) of the Act mandates that the Magistrate shall endeavour to dispose of every application made under sub-section 12(1) within a period of sixty days from the date of its first hearing. In the present case, five months have been passed, but no effective proceedings have taken place in the present matter. It appears to be an abuse of process of law, looking to the way in which proceedings are taking place in the court concerned.
In view of above, direction is issued to the Court of Addl. Chief Judicial Magistrate No.1, Neem Ka Thana, Sikar to make every endeavour to conclude the proceedings within two months from the date of receipt of certified copy of this order.

Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018

Other Sources:

https://indiankanoon.org/doc/92995617/


Connects to a PIL here.

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court PWDV Act Sec 12(5) - Dispose In 60 Days Sushila Devi Vs Vikas Kumar Singhal And Ors | Leave a comment

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Posted on April 29, 2022 by ShadesOfKnife

Relying on Supreme Court judgment here, Single bench of Rajasthan High Court at Jodhpur held that non-citizen women residing in India temporarily also are classified as ‘aggrieved person’.

It is noted that as per section 2(a) of the Act of 2005, the definition of ‘aggrieved person’ is given and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before the trial court under the Act of 2005.

Not only this, section 12 of the Act of 2005 provides that even an aggrieved person can prefer an application through protection officer seeking the relief under the Act of 2005.

The fact that the respondent No.2 is resident of Jodhpur for last about 25 years and after having solemnized marriage with the petitioner, the incident which is reported in the complaint also took place at Jodhpur and therefore, in view of definitions enumerated under sections 2 (a) and 12 of the Act of 2005, it is held that the application preferred by the respondent No.2 before the trial court is maintainable. The observations of the Supreme Court in the case of Shyamlal Devda & Ors. V/s Parimala reported in AIR 2020 SC 762 also fortifies the fact of maintainability of the application under section 12 of the Act of 2005 in the present case. Para 10 of the judgment rendered in the case of Shyamlal Devda.

A plain reading of Act of 2005 also reveals that protection under this Act is also extended to the persons who are temporarily resident of India being covered under the definition of aggrieved person as per section 2 (a) of the Act of 2005.
Even Article 21 of the Constitution of India extends the benefit of protection not only to every citizen of this country, but also to a “person” who may not be a citizen of the Country. Article 21 states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Therefore, looked at from that angle, a person aggrieved i.e. respondent No.2 is very much entitled to get protection of section 12 of the Act of 2005.

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case PWDV Act 2(a) - Non citizen woman is also an Aggrieved Person PWDV Act Sec 12 - Domestic Violence Application to Magistrate Robarto Nieddu Vs State of Rajasthan and Anr Shyamlal Devda and Ors Vs Parimala | Leave a comment

[email protected] Vs The State of Rajasthan and Ors on 12 Apr 2014

Posted on December 4, 2020 by ShadesOfKnife

A academic query was posed to the High Court in these batch of Revisions as follows.

The thrust of the accused-petitioners in their arguments is to the effect that if charges under POCSO Act, 2012 do not survive then the case from the Special Court ( Sessions Judge, Jodhpur District, Jodhpur, who is trying the cases of POCSO Act, 2012) may be transferred to the regular Sessions Court where presumption under Sections 29 and 30 of POCSO Act, 2012 will not be available against the petitioner and the accused-petitioners will be benefited accordingly.

And then after perusing provisions of POCSO Act, Juvenile Justice Act, IPC, the Court observed and ordered as follows:

It has been argued on behalf of accused [email protected] that at the most his conduct may come within the definition of attempted fellatio and he cannot be charged for the offence of fellatio. The conduct of the accused asking the girl to suck his organ is called fellatio. Had the girl started sucking his organ, it would have been argued that it was her consensual act. Certainly the charge of attempt to fellatio is graver offence than the fellatio itself. So, the charge even if it relates to fellatio, it will cover the charge of attempted fellatio and the accused is not going to be prejudiced when the charge of fellatio has been framed against him in place of attempted fellatio. Some times the prosecutrix, who is a minor girl may hesitate to tell complete truth before the Investigating Officer and many a times it happens in such type of cases that the prosecutrix unfolds the complete truth only during the camera trial when she is assured that nobody will be able to cause any harm to her because of her statement. Hon’ble the Supreme Court has mandated that in cases of Section 304 B IPC, a charge of Section 302 IPC should also be framed against the accused and on the same logic, this Court hereby directs all the trial courts in Rajasthan that in all cases of attempt to commit rape, a charge for the offence of rape should also be framed against the accused so that, at the stage of conclusion of the trial, the Court may not have to undertake tedious process of amendment of charge and recalling the witnesses causing serious prejudice to the cause of justice in such cases.

 

[email protected] Vs The State of Rajasthan and Ors on 12 Apr 2014

Citations : [2014 SCC ONLINE RAJ 1812], [2014 RLW 3 2596], [2014 WLC 4 481]

Other Sources :

https://indiankanoon.org/doc/83475160/

https://www.casemine.com/judgement/in/56ea742f607dba36cc74581c

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Asaram Bapu Case [email protected] Vs The State of Rajasthan and Ors IPC 376 - Punishment for rape Legal Procedure Explained - Interpretation of Statutes POCSO Act Sec 29 - Burden of Proof on Accused POCSO Act Sec 30 - Presumption of culpable mental state Sensational Or Peculiar Cases | Leave a comment

Jugal Vs State of Rajasthan on 25 Nov 2020

Posted on November 28, 2020 by ShadesOfKnife

Rajasthan High Court passed a direction to all trial Courts in Rajasthan that, in all Bail matters u/s 437/438,  a detailed report on antecedents of the accused is to be filed along with judgment.

There is no mention regarding the status of criminal antecedents of the present petitioner in the impugned order. It is often seen by this Court that the learned courts below are not specific in regard to antecedents of the accused persons, which causes delay in the disposal of the bail applications, as, if the person is not having antecedents and his antecedents are called, receiving of such antecedents reports takes quite some time. Though the antecedent alone is not a ground of rejecting or accepting a bail, but it is must that the Hon’ble High Court should have the antecedent report to check the applicability of Section 437 (1) of Cr.P.C. as well as to weigh the case of the accused person with overall perspective of the allegations levelled.

Thus, this Court directs that all learned trial courts shall, while allowing or disallowing any regular/anticipatory bail application of any accused person,give the complete details of the antecedents, if any, and also record that there are no antecedents of the accused person in case of none being there. If there are antecedents of the accused, then the complete details of the antecedents i.e. FIR Number(s) & Case Number(s), Section(s), date(s), status and date of arrest & release on any previous occasion, if any, in the chart form shall be prepared and incorporated in the learned trial courts’ order, while granting or dismissing the bail application.
This order shall be conveyed by the Registry of this Court to all learned District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and all courts in their respective jurisdiction, which are hearing the bail applications. The detailed antecedents report in aforesaid format so provided in the trial courts’ order shall be the requirement of disposal of any bail application in State of Rajasthan. It is also directed that the learned Public Prosecutors all over the State shall call for the antecedents report well in advance in every case of bail, so as to enable the courts to have a definite and correct information regarding previous criminal antecedents of the accused. A certified copy of this order be also sent by the Registry to the Director of the Prosecution Department of the State for necessary compliance, amongst the learned Public Prosecutors all over the State of Rajasthan.
The Registry of this Hon’ble Court shall ensure compliance of this order, in its letter and spirit, and submit such compliance before this Court on 05.01.2021.

Jugal Vs State of Rajasthan on 25 Nov 2020
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 439 - Special powers of High Court or Court of Session regarding bail Issued or Recommended Guidelines or Directions or Protocols to be followed Jugal Vs State of Rajasthan Work-In-Progress Article | Leave a comment

Deepak Dwivedi And 2 Others Vs State Of U.P. And Another on 23 January, 2019

Posted on February 13, 2019 by ShadesOfKnife

Rajasthan High Court has ordered expedited disposal of this DV case within 3 months. Interim maintenance order is reduced to 2500 per month.

Deepak Dwivedi And 2 Others Vs State Of U.P. And Another on 23 January, 2019
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged CrPC 397/401 - Revision Deepak Dwivedi And 2 Others Vs State Of U.P. And Another Expedite Order - Complete Trial Within Three Months PWDV Act 29 - Revision Dismissed PWDV Act Sec 23 - Interim Maintenance From Date of Order PWDV Act Sec 23 - Interim Maintenance Order Stayed PWDV Act Sec 23 - Interim Maintenance Reduced | Leave a comment

Amarjeet Singh Saunkhi Vs Rashmi Manku on 31 January, 2019

Posted on February 13, 2019 by ShadesOfKnife

DV Orders are appealable under Section 29 of PWDV Act.

Amarjeet Singh Saunkhi Vs Rashmi Manku on 31 January, 2019
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Amarjeet Singh Saunkhi Vs Rashmi Manku PWDV Act Sec 29 - Appeal Available | Leave a comment

State vs Mumtaz Ali & Anr on 8 August, 2017

Posted on September 11, 2018 by ShadesOfKnife

This is a short revision order from hon’ble High Court of Rajasthan, wherein it was held that due to limitation restriction, the complaint was time barred and as such Magistrate was right in not taking cognizance of this case. The knife filed 498A case after separating from husband for 10-12 years!!!

And the sweet response from the judge for the assertion that “498A IPC is a continuing offence” was, It is not so.

State Vs Mumtaz Ali & Anr on 8 August, 2017
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged IPC 406 - Not Made Out IPC 498a - Not Made Out No Territorial Jurisdiction Not Continuing Offence State vs Mumtaz Ali and Anr | Leave a comment

Bhanwar Lal Vs State of Rajasthan on 18 August, 2017

Posted on August 21, 2018 by ShadesOfKnife

Hon’ble Supreme Court held that if there is second (or more) FIRs on the same facts, then all of them need to be consolidated with FIR that was registered first and investigated together as one FIR.

 

Bhanwar Lal Vs State on 18 August, 2017
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Bhanwar Lal Vs State of Rajasthan Consolidation Of FIRs | Leave a comment

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble High Court of Rajasthan, has quashed the order of taking cognizance in 498A case and also the FIR. Very good and reasoned judgment.

 

Both husband and knife file separate divorce petitions one after another and then filed MCD too, which got allowed.

 

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No. Same Allegations in IPC 498A and Divorce Sandeep Pamarati | Leave a comment

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