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True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

Dr. J.Sudarshan Vs R.Sankaran on 16 August, 1991

Posted on January 14, 2020 by ShadesOfKnife

Madras High Court held in Para 14 that,

In this context reliance is placed by the petitioner on the decision in Ram Kumar Pori v. State of U.P. to contend that when the civil suit is pending, a parallel prosecution for defamation, could not be proceeded with. Such a proposition of law cannot be deduced from the above decision. In that case, the Supreme Court held that, when a civil court is seized of the question of disputed possession between rival parties, parallel proceedings by the Executive Magistrate u/s. 145, Cr.P.C. also to decide possession ought not to be proceeded with. This has no bearing on the case before us. The offending passage is per se defamatory and it is open to the respondent to choose to prosecute the petitioner, irrespective of the pendency or the result of the civil litigation. The Civil Court would confine its decision to the trespass, threat of injury and damage by the servants, agents and workmen of the various defendants and the entitlement of token damages by the respondent, while the criminal Court, the passage being per se defamatory, would proceed to find out whether any one of the 10 Exceptions to S. 499, I.P.C. would apply. The scope of the two proceedings is entirely different. They are not parallel.

Dr. J.Sudarshan Vs R.Sankaran on 16 August, 1991

Citations: [1992 CRIMES 2 465], [1992 CRI LJ 2427], [1992 MLJ 1 439], [1991 SCC ONLINE MAD 608]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/1764544/ or https://www.casemine.com/judgement/in/56b49603607dba348f0161fb


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Dr. J.Sudarshan Vs R.Sankaran Not Authentic copy hence to be replaced

Anokhilal Vs State of Madhya Pradesh on 18 December 2019

Posted on January 14, 2020 by ShadesOfKnife

Justice Shri Uday Umesh Lalit of Supreme Court delivered the judgment and laid down certain norms as follow:

i) In all cases where there is a possibility of life sentence or death sentence, learned Advocates who have put in minimum of 10 years practice at the Bar alone be considered to be appointed as Amicus Curiae or through legal services to represent an accused.
ii) In all matters dealt with by the High Court concerning confirmation of death sentence, Senior Advocates of the Court must first be considered to be appointed as Amicus Curiae.
iii) Whenever any learned counsel is appointed as Amicus Curiae, some reasonable time may be provided to enable the counsel to prepare the matter. There cannot be any hard and fast rule in that behalf. However, a minimum of seven days’ time may normally be considered to be  appropriate and adequate.
iv) Any learned counsel, who is appointed as Amicus Curiae on behalf of the accused must normally be granted to have meetings and discussion with the concerned accused. Such interactions may prove to be helpful as was noticed in Imtiyaz Ramzan Khan.

Anokhilal Vs State of Madhya Pradesh on 18 December, 2019

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/110783225/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Anokhilal Vs State of Madhya Pradesh Article 21 - Protection of life and personal liberty

P. Gopalkrishnan @ Dileep Vs State of Kerala on 29 November, 2019

Posted on January 13, 2020 by ShadesOfKnife

Supreme Court answered the following question…

  1. whether the contents of a memory card/pen drive being electronic record as predicated in Section 2(1)(t) of the Information and Technology Act, 2000 (for short, ‘the 2000 Act’) would, thereby qualify as a “document” within the meaning of Section 3 of the Indian Evidence Act, 1872 (for short, ‘the 1872 Act’) and Section 29 of the Indian Penal Code, 1860 (for short, ‘the 1860 Code’)? If so, whether it is obligatory to furnish a cloned copy of the contents of such memory card/pen drive to the accused facing prosecution for an alleged offence of rape and related offences since the same is appended to the police report submitted to the Magistrate and the prosecution proposes to rely upon it against the accused, in terms of Section 207 of the Code of Criminal Procedure, 1973 (for short, ‘the 1973 Code’)?
  2. The next question is: whether it is open to the Court to decline the request of the accused to furnish a cloned copy of the contents of the subject memory card/pen drive in the form of video footage/clipping concerning the alleged incident/occurrence of rape on the ground that it would impinge upon the privacy, dignity and identity of the victim involved in the stated offence(s) and more so because of the possibility of misuse of such cloned copy by the accused (which may attract other independent offences under the 2000 Act and the 1860 Code)?
P. Gopalkrishnan @ Dileep Vs State of Kerala on 29 November, 2019

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/188011203/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged P. Gopalkrishnan @ Dileep Vs State of Kerala

Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 March, 1975

Posted on January 10, 2020 by ShadesOfKnife

A three-judge bench of Supreme Court delivered this landmark judgment [around topics like Definition of Mental Cruelty; Burden of Proof; Proof beyond reasonable doubt not necessary; Condonation of Cruelty], where in it was held that,

HEAD NOTE in the judgment says,

(i) Normally this Court would not have gone into evidence especially as the High Court itself could not have gone into the evidence in second appeal. Section 100 of the C.P.C. restricts the jurisdiction of the High Court in second appeal to questions of law or to substantial errors or defects in the procedure which might possibly have produced error or defect in the decision of the case upon merits. The High Court came to the conclusion-that both the courts below had failed to apply the correct principles of law in determining the issue of cruelty. Accordingly the High Court proceeded to consider evidence for itself. Under s. 103 C.P.C. the High Court can determine any issue of fact if the evidence on the record is sufficient but if the High Court takes upon itself the duty of determining an issue of fact, its powers to appreciate evidence would be subject to the same restraining conditions to which the power of any court of facts is ordinarily subject. The limits of that power are not wider for the reason that the evidence is being appreciated by the High Court and not by the District Court. While appreciating evidence, inferences may and have to be drawn but courts of facts have to remind themselves of the line that divides an inference from guess work. Normally this Court would have remanded the matter to the High Court for a fresh consideration of the evidence but since the proceedings were pending for 13 years the Court itself went into the evidence.
(ii) The burden of proof in a matrimonial petition-must lie on the petitioner because ordinarily the burden lies on the party which affirms a fact, not on the party which denied it. This principle accords with commonsense, as it is much easier to prove a positive than a negative. The petitioner must, therefore. prove that the respondents had treated him with cruelty within; the meaning of r. 10(1)(b) of the Act. But the High Court was wrong in holding that the petitioner must prove his case beyond a reasonable doubt. The normal rule which governs civil proceedings is that a fact is said to be established if it is proved by preponderance of probabilities. Under s. 3 of the Evidence Act a act is said to be. proved when the court either believes it to exist or if considers its existence so probable that a prudent man ought, in the circumstances, to act upon the supposition that it exists. The first step in this process to fix the probabilities. the second to weigh them. The impossible is weeded out in the first stage, the improbable in the second. Within the wide range, of probabilities the Court has often a difficult choice to make but it is this choice which ultimately determines where the preponderance of probabilities lies. Important issues like the status of parties demand closer scrutiny than those like the loan on a promissory note. Proof beyond reasonable doubt is proof by a higher standard which generally governs criminal trials or trials involving enquiries into issues of quasi-criminal nature. It is wrong to import such considerations in trials of a purely civil nature. Neither s.10 nor s. 23 of the Hindu Marriage Act requires that the petitioner must prove his case beyond reasonable doubt S. 23 confers on the court the power to pass a decree if it is satisfied on the matters mentioned in Clauses (a) to (e) of that Section. Considering that proceedings under the Act are essentially of a civil nature the word ’satisfied’ must mean satisfied on a preponderance of probabilities and not satisfied beyond a reasonable doubt. The society has a stake in the institution of marriage and, therefore, the erring spouse is treated not as a mere defaulter but as an offender. But this social philosophy, though it may have a bearing on the need to have the clearest proof of an allegation before it is accepted as a ground for- the dissolution of marriage, it has no bearing on the standard of proof in matrimonial cases. In England, a view was at one time taken that a petitioner in a matrimonial petition must establish his or her case beyond a reasonable doubt but the House of Lords in Blyth v. Blyth has held that the grounds of divorce or the bars to the divorce May be proved by a preponderance of probability. The High Court of Australia has also taken a similar view.
(iii) On the question of condonation of cruelty, a specific provision of a specific enactment has to be interpreted, namely s. 10(1) (b). The enquiry, therefore, has to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent. It is not necessary, as under the English Law, that the cruelty must be of such a character as to cause danger to life, limb or health or as to give rise to a reasonable apprehension of such a danger. It is risky to rely on English decisions in this field although awareness of foreign decisions can be a useful guide in interpreting our laws. The apprehension of the petitioner that it will be harmful or injurious to live with the other party has to be reasonable. It is, however, wrong to import the concept of a reasonable man as known to the law of negligence for judging matrimonial relations. The question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities but whether it would have that effect on the aggrieved spouse. That which may be cruel to one person may be laughed off by another and what may not be cruel to an individual under one set of circumstances may be extreme cruelty under another set of circumstances. The Court has to deal not with an ideal husband and an ideal wife but with the particular man and woman before it. The only rider is that of s. 23(1)(a) of the Act that the relief prayed for can be decreed only if the petitioner is not taking advantage of his own wrong.
(iv) Acts like the tearing of the Mangal Sutra, locking out the husband when he is due to arrive from the office, rubbing of chilly powder on the tongue of an infant child, beating a child mercilessly while in high fever and switching on the light at night and sitting by the bedside of the husband merely to nag him are acts which tend to destroy the legitimate ends and objects of matrimony. The conduct of wife amounts to cruelty within the meaning of s. 10(1) (b) of the Act. The threat that she would put an end to her own life or that she will set the house on fire, the threat that she will make the husband lose his job and have the matter published in newspapers and the persistent abuses and insults hurled at the husband and his parents are all of so grave an order as to ’imperil the appellant’s sense of personal safety, mental happiness, job satisfaction and reputation.
(v) In any proceeding under the Act, whether defended or not, the relief prayed for can be decreed only if the petitioner has not condoned the cruelty. The wife did not take up the plea of condonation in her written statement. The Trial Court did not frame any issue of condonation. The District Court did not address itself on the question of condonation since it did not find the conduct of the wife to be cruel. The High Court held that the conduct of the wife was not cruel and in any case it was condoned. S. 23 (1) (b) casts obligation on the court to consider the question of condonation. Condonation means forgiveness of the matrimonial offence and restoration of spouses to the same position as he or she occupied before the matrimonial offence was committed. Cruelty generally does not consist of a single isolated act. It consists in most cases of a series of acts spread over a period of time. Law does not require that at the first appearance of a cruel act, the other spouse must leave the matrimonial home lest the continued coharbitation be construed as condonation. Such a construction will hinder reconciliation and thereby frustrate the benign purpose of marriage laws. The evidence on condonation consists in this case in the fact that spouse led a normal sexual life despite the various acts of cruelty. This is not a case where the spouse after separation indulge in stray acts of sexual intercourse in which case the necessary intent to forgive and restore may be said to be lacking. Such stray acts may bear more than one explanation but if during cohabitation the spouses uninfluenced by the conduct of the offending spouse, lead a life of intimacy which characterised normal matrimonial relationship, the intent to forgive and restore the offending spouse to the original status way reasonably be inferred. There is then no scope for imagining that the conception of the child could be the result of a single act of sexual intercourse and that such an act could be a stark animal act unaccompanied by the nobler graces of marital life. Sex plays an important role in married life and cannot be separated from other factors which lend to matrimony a sense of fruition and fulfilment. Therefore, evidence showing that the spouse led a normal sexual life even after serious acts of cruelty by one spouse is proof that the other spouse condoned that cruelty. Intercourse in circumstances as obtained here would raise a strong inference of condonation. That inference stands uncontradicted. the husband not having explained the circumstances In which hecame to lead and live a normal sexual life, 
(vi) But condonation of a matrimonial offence is not to be likened to a Presidential pardon which once granted wipes out the guilt beyond the possibility of revival. Condonation is always subject to the implied condition that the offending spouse will not commit a further matrimonial offence either of the same variety as the one condoned or of any other variety. No matrimonial offence is erased by condonation. It is obscured but not obliterated. Condoned cruelty can, therefore, be revived. For revival of condonation it is not necessary that the conduct should be enough by itself to found a degree for judicial separation. The wife in not allowing the husband access to the children cannot be said to have revived the earlier cruelty since the children were of tender age and the only person who could escort them had left or had to leave the matrimonial home for good. The subsequent conduct of the wife has to be assessed in the context in which the husband behaved. The husband persistently accused the wife of insanity and refused to maintain her. In that context, the allegations made by the wife in her letter to the Government cannot revive the original cause of action, though it is true that more serious the original offence the less grave need be the subsequent act to constitute revival.

 

Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 Mar 1975

Citations: [1975 SCC 2 326], [1975 AIR SC 1534], [1976 LW 89 110], [1975 SCR 3 967]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/62494/ or https://www.casemine.com/judgement/in/5609abb0e4b014971140d07f


The Bombay High Court dismissal judgment that the Supreme Court also dismissed is here.


The Index is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Narayan Ganesh Dastane Vs Sucheta Narayan Dastane

Dr. Swapan Kumar Banerjee Vs State of West Bengal on 19 September, 2019

Posted on January 8, 2020 by ShadesOfKnife

Weird logic being paraded by Supreme Court here. Take a look.

No doubt, as urged by Mr. Debal Banerjee, explanation II to Section 125 of the Cr.P.C. by deeming fiction includes a divorced woman to be a wife and,
therefore, a woman who has been divorced by her husband can still claim maintenance under Section 125 of the Cr.P.C. The question is how we  should read the provisions of sub-section (4) in this regard, especially when we deal with those women, against whom a decree for divorce has been obtained on the ground that they have deserted their husband. Once the relationship of marriage comes to an end, the woman obviously is not under any obligation to live with her former husband. The deeming fiction of the divorced wife being treated as a wife can only be read for the limited  purpose for grant of maintenance and the deeming fiction cannot be stretched to the illogical extent that the divorced wife is under a compulsion to live with the ex-husband. The husband cannot urge that he can divorce his wife on the ground that she has deserted him and then deny maintenance which should otherwise be payable to her on the ground that even after divorce she is not willing to live with him. Therefore, we find no merit in the contention of Mr. Debal Banerjee.

 

Dr. Swapan Kumar Banerjee Vs State of West Bengal on 19 September, 2019

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/166418855/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Dr. Swapan Kumar Banerjee Vs State of West Bengal Reportable Judgement or Order

Rekha Murarka Vs State of WB and Anr on 20 November, 2019

Posted on December 21, 2019 by ShadesOfKnife

Supreme Court held that a Private Counsel of Victim cannot examine witnesses and make arguments instead of the Public Prosecutor or Assistant Public Prosecutor.

From Para 10

10. From a reading of these provisions, it is clear that a Public Prosecutor is entrusted with the responsibility of conducting the prosecution of a case.  That this is a crucial role is evident from conditions such as in Section 24(7), which stipulates a minimum legal experience of seven years for a person to be eligible to be a Public Prosecutor. It is further clear from a joint reading of Section 301 and the proviso to Section 24(8) that the two provisions are mutually complementary. There is no bar on the victim engaging a private counsel to assist the prosecution, subject to the permission of the Court.

Rekha Murarka Vs State of WB and Anr on 20 November, 2019

Citations: [2019 SCC ONLINE SC 1495], [2020 SCC 2 474], [2020 SCC CRI 1 496], [2020 AIR SC 100]

Other Sources: https://indiankanoon.org/doc/65107762/

https://www.casemine.com/judgement/in/5dd794e33321bc2723aac4d2

https://www.indianemployees.com/judgments/details/rekha-murarka-versus-the-state-of-west-bengal-and-anr


The impugned order of Hon’ble Calcutta High Court is given below.

Rekha Murarka Vs State of West Bengal and Anr on 29 Jul 2019

Other Source:

https://www.casemine.com/judgement/in/5d46f9974a9326261702e637

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 225 - Trial to be conducted by Public Prosecutor CrPC 24 - Public Prosecutors CrPC 301 - Appearance by Public Prosecutors CrPC 302 - Permission to conduct prosecution Rekha Murarka Vs State of WB and Anr

Navtej Singh Johar Vs Union of India on 6 September, 2018

Posted on December 18, 2019 by ShadesOfKnife

IPC 377 – unnatural offences was struck down as Unconstitutional by Supreme Court.

Navtej Singh Johar Vs Union of India on 6 September, 2018

Citations: [(2018) 10 SCC 1], [2018 SCC OnLine SC 1350],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/168671544/ or https://www.casemine.com/judgement/in/5b965a9618a6816e6598fd54

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 377 - Unnatural offences Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Navtej Singh Johar Vs Union of India Reportable Judgement or Order

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Posted on December 18, 2019 by ShadesOfKnife

Justice Dipak Misra states that Magistrate has to be alive about the allegation brought to him via Non-cognizable case by Police.

From Paras 26 and 27,

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where 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. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

From Para 30,

30. In the present case, we are obligated to say that learned Magistrate should have kept himself alive to the aforesaid provision before venturing into directing registration of the FIR under Section 156(3) Cr.P.C. It is because the Parliament in its wisdom has made such a provision to protect the secured creditors or any of its officers, and needles to emphasize, the legislative mandate, has to be kept in mind.

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Citations: [AIR 2015 SC 1758], [2015 (3) RLW 2404 (SC)], [2015(3) PLJR 78(SC)], [2015 SCL SC 130 472], [2015 AIOL 3152], [2015 CRIMES SC 2 179], [2015 CRIMES SC 2 209], [2015 CRLJ SC 2396], [2015 JCC SC 2 974], [2015 JT 5 203], [2015 SCALE 4 120], [2015 SCC 6 287], [2015 SLT 3 431], [2015 SUPREME 3 152], [2015 SCC ONLINE SC 272], [2015 CTC 3 103], [2015 KLJ 2 491], [2015 KERLT 2 451], [2015 SCC CRI 4 153], [2015 SCC CIV 3 294]

Indiankanoon.org link: https://indiankanoon.org/doc/163299097/

Casemine link: https://www.casemine.com/judgement/in/5790b242e561097e45a4e25a


The Index for Defamation Judgments is here. Index of Judgments under Sec 156(3) Cr.P.C. are here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Lalita Kumari Vs Govt.Of U.P. and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Priyanka Srivastava and Anr Vs State of UP and Ors Reportable Judgement or Order

Anand Kumar Mohatta and Anr Vs State Govt of NCT of Delhi and Anr on 15 November, 2018

Posted on December 16, 2019 by ShadesOfKnife

Honorabe CJI Justice S.A. Bobde (as he is called) has observed this to be a Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass appellants.

Anand Kumar Mohatta and Anr Vs State Govt of NCT of Delhi and Anr on 15 November, 2018

Citations: 2018 SCC Online SC 2447, 2019 (1) PLJR (SC) 215

Indiankanoon.org link: https://indiankanoon.org/doc/14567786/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Anand Kumar Mohatta and Anr Vs State Govt of NCT of Delhi and Anr Discharge does not Prohibit Quash Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass

Umesh Kumar Vs State of AP and Anr on 6 September, 2013

Posted on December 16, 2019 by ShadesOfKnife

In this judgment, Supreme Court held that, Law does not prohibit entertaining the petition under Section 482 Cr.P.C. for quashing the charge sheet even before the charges are framed or before the application of discharge is filed or even during its pendency of such application before the court concerned.

In the para 12,

12. In view thereof, if any person has forged in a letter under the name of the Samithi and forged the signature of Shri M.A. Khan, M.P., the matter being of grave nature requires investigation and, in view of above, we cannot find fault with the action initiated against Umesh Kumar, appellant. Once criminal law is put in motion and after investigation the charge sheet is filed, it requires scrutiny in the court of law. However, before the  charges could be framed, Umesh Kumar, appellant, approached the High Court under Section 482 Cr.P.C. for quashing of the charge sheet. The scope of Section 482 Cr.P.C. is well defined and inherent powers could be exercised by the High Court to give effect to an order under the Cr.P.C.; to prevent abuse of the process of court; and to otherwise secure the ends of justice. This extraordinary power is to be exercised ex debito justitiae. However, in exercise of such powers, it is not permissible for the High Court to appreciate the evidence as it can only evaluate material documents on record to the extent of its prima facie satisfaction about the existence of sufficient ground for proceedings against the accused and the court cannot look into  materials, the acceptability of which is essentially a matter for trial. Any document filed along with the petition labelled as evidence without being tested and proved, cannot be examined. Law does not prohibit entertaining the petition under Section 482 Cr.P.C. for quashing the charge sheet even before the charges are framed or before the application of discharge is filed or even during its pendency of such application before the court  concerned. The High Court cannot reject the application merely on the ground that the accused can argue legal and factual issues at the time of the framing of the charge. However, the inherent power of the court should not be exercised to stifle the legitimate prosecution but can be exercised to save the accused to undergo the agony of a criminal trial. (Vide: Pepsi Food Ltd. & Anr. v. Special Judicial Magistrate & Ors., AIR 1998 SC 128; Ashok Chaturvedi & Ors. v. Shitulh Chanchani & Anr. AIR 1998 SC 2796; G. Sagar Suri & Anr. v. State of U.P. & Ors., AIR 2000 SC 754; and Padal Venkata Rama Reddy @ Ramu v. Kovvuri Satyanarayana Reddy & Ors., (2011) 12 SCC 437)

Umesh Kumar Vs State of AP and Anr on 6 September, 2013

Citations: [JT 2013 (12) SC 213], [2014 ALL SCR 661], [2013 AD SC 9 581], [2014 AIR SC 1106], [2014 AJR 1 350], [2014 ALD CRI 1 304], [2014 ALLCC 84 850], [2014 ALT CRL AP 1 479], [2013 JLJR 4 151], [2013 KLJ 4 334], [2013 PLJR 4 284], [2015 RLW SC 1 391], [2013 SCALE 11 28], [2013 SCC 10 591], [2014 SCC L&S 2 237], [2014 SCJ 2 209], [2013 UC 3 1918], [2014 SCC CRI 1 338], [2013 SCC ONLINE SC 809], [2013 AIC 130 53], [2013 SUPREME 6 323], [2013 AIOL 584], [2013 AIR SC 6062], [2013 SLT 7 656], [2013 AIR SCW 6062]

Other Sources:

https://indiankanoon.org/doc/194914590/

https://www.casemine.com/judgement/in/5609af3fe4b0149711415ef0

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to Discharge does not Prohibit Quash Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Umesh Kumar Vs State of AP and Anr

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24 Jun

వాట్సాప్‌లో నన్ను తిట్టేది, పొగిడేది మీరే. పది నిర్ణయాలు తీసుకుంటే మూడు తప్పులు అవ్వచ్చు.. ఆ తప్పులను సరిదిద్దుకుని ముందడుగు వేద్దాం. నన్ను తిట్టిన వారిని నేనెప్పుడూ బ్లాక్ చేయను, వారి ఆవేదనను స్వీకరిస్తా.

నారా లోకేష్

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politicalkida Political Kida @politicalkida ·
25 Jun

In 2018, CPI(M) supporter Debu Das and his wife were burnt alive by TMC goons.

The administration tried to pass it off as a short circuit, while the victims' son was made to wait for hours at police station instead of receiving justice.

Yesterday, the BJP govt arrested 10 TMC

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rshivshankar Rahul Shivshankar @rshivshankar ·
25 Jun

"THIS ISN'T AN ASIAN PROBLEM IT IS A PAK PROBLEM. IT'S A MISNOMER TO LABEL THEM "ASIAN GROOMING GANGS".
Rupert Lowe, British MP, Founder of UK's fastest growing party "RESTORE BRITAIN" and the man behind the report that exposed the UK's "Pak Rape Gangs" makes a clear and

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