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Tag: 1-Judge Bench Decision

Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Punjab and Haryana High Court held as follows,

The petitioners are permitted to be represented through a counsel and are not required to be personally present on each and every date of hearing unless until a special order is passed, warranting the appearance of the petitioners ( respondents in the complaint before the Magistrate). Relegating the petitioners to avail the alternative remedy, this petition is held to be not maintainable.
Disposed of with liberty to the petitioners to raise all the pleas before the court of competent jurisdiction. It is expected that the said court will expeditiously dispose of the matter taking into consideration the provisions of Section 12(5) of the Act.

Mewa Singh and others Vs Sukhjeet Kaur on 29 Apr 2013

Other Sources:

https://indiankanoon.org/doc/197445836/


Connects to a PIL here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Mewa Singh and others Vs Sukhjeet Kaur PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

B.Parvathi Vs State of AP on 7 May, 2020

Posted on September 6, 2022 by ShadesOfKnife

A reasoned judgment on maintainability of IPC 494 upon the Accused No.2 and the merits of discharge petition filed before Trial Court u/s 227 CrPC. It relies on AP State Amendment of 1992. But unfortunately, this judgment is Partly perverse as it goes against A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011 hence NOT to be relied up on.]

In Page 35,

Earlier the offence punishable under Section 494 IPC is a non-cognizable offence. The Legislative Assembly of the State of Andhra Pradesh by way of Andhra Pradesh Second Amendment Act 3 of 1992, amended the first schedule to Central Act 2 of 1974 i.e. the Code of Criminal Procedure, 1973 and made the offence under Section 494 IPC a ‘cognizable’ offence and a ‘non-bailable’ offence. The said Andhra Pradesh Second Amendment Act 3 of 1992 was reserved by the Governor of Andhra Pradesh on the 21.10.1991 for consideration and assent of the President. The Presidential assent was received on 10.02.1992 and the amendment was published on 15.02.1992 in the Andhra Pradesh Gazette Part IV-B (Ext.). Therefore, with effect from 15.02.1992 undoubtedly the offences punishable under Sections 494 and 495 IPC are cognizable offences in the State of Andhra Pradesh. So, the police officer can now register the case under Section 154 Cr.P.C. and can investigate the same under Section 156 Cr.P.C. The bar engrafted under Section 198(1) Cr.P.C. to take cognizance of the case under Section 494 IPC is on the Court and not on the police. So, in view of the fact that it is a cognizable offence, police can register the case on a report lodged with them to that effect and also investigate the case and file final report under Section 173(2) Cr.P.C. Now, the crucial question that arises for consideration is, whether Court can take cognizance of the case on such police report/ charge-sheet filed by the police or not in view of the express bar engrafted under Section 198(1) Cr.P.C. on the Court to take cognizance of the case except upon a complaint filed by the aggrieved party before it.

Perverse portion of the judgment, that goes against A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011

So, only when an allegation relating to the offence under Section 494 IPC is made by the aggrieved person to the Magistrate, then only the Court can take cognizance of the case. Certainly the Court cannot take cognizance of the case for the offence punishable under Section 494 IPC on a police report/charge-sheet filed by the police. Even though offence under Section 494 IPC is made “cognizable” offence as per amendment Act 3 of 1992, there is no corresponding amendment made to Section 198 Cr.P.C. Therefore, the bar under Section 198 Cr.P.C. still subsists. The legal position in this regard is not res nova and it has been clearly well settled.

B.Parvathi Vs State of AP on 7 May, 2020

Citations:

Other Sources:

https://indiankanoon.org/doc/194056755/


Index to Bigamy Judgments under Sections 494 and 495 of IPC is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act 1992 CrPC 227 - Discharged CrPC 227 - Exercise of Judicial Mind IPC 494 - Marrying again during life-time of husband or wife IPC 494 Compoundable Offence in Andhra Pradesh Perverse Order/Judgment | Leave a comment

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted as follows:

From Paras 3 and 4,

3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.
4. Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.
(2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.
(3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)-
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;
(b) shall be in writing;
(c) shall contain:-
(i) a brief description of each present;
(ii) the approximate value of the present;
(iii) the name of the person who has given the present; and
(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship.
(d) shall be signed by both the bride and the bridegroom.

5. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Justice Shiv Narayan Dhingra Misuse of Women-Centric Laws Neera Singh Vs State (Govt of NCT of Delhi) and Ors PIL - Dowry Givers should be Prosecuted | Leave a comment

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted the misuse of 498A IPC by some unscrupulous women.

From Para 7,

7. Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations. Hence, it has become very necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at least prima facie. The learned ASJ scrutinized the entire FIR and the statement of complainant and thereafter observed that no case was made out against these two minor girls. I have also gone through the record and find that except above allegations made by the complainant, no other role was assigned to these two minor girls (respondents).

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Justice Shiv Narayan Dhingra Misuse of Section 498A of IPC Neera Singh Vs State (Govt of NCT of Delhi) and Ors | Leave a comment

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Posted on August 10, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

4. When there is a specific direction from this Court to dispose of the matter time bound, it is not known how the case is still pending. However, considering the request of the petitioner, the criminal petition is disposed of with the following directions:-
1) The Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to take up the case in D.V.C.No.61 of 2019 on day-to-day basis and to dispose of the same within a period of one month from the date of receipt of a copy of this order.
2) In case, the case is not disposed of within one month, the Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to submit a report to the Registrar (Judicial) narrating the reasons as to why the case could not be disposed of.
3) The above direction is issued not only basing on the merits of the case, but also as Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, clearly mandates that the case has to be disposed of within a period of sixty (60) days from the date of its first hearing.

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Connects to a PIL here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Naresh Kumar Yalla Vs State of Telangana PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

XXX Vs State of Kerala and Ors on 05 July 2022

Posted on August 8, 2022 by ShadesOfKnife

A single judge bench of Kerala High Court held as follows:

From Para 13,

13. I do not propose to go into the details of this case any further because, through the various interim orders already issued, the petitioner has
obtained relief – including DNA analysis of the foetus she was carrying, under the provisions of the Code of Criminal Procedure (Cr.PC). In fact, the learned counsel for the petitioner – Sri.Dheeraj Rajan, affirmed that no specific orders are now required and that a Final Report has also been filed by the Police.

From Para 14, (Invitation for views)

14. However, the trauma, which the petitioner has experienced and which may be forced upon victims in future, makes this Court to think in terms of having a Protocol for the purpose of empowerment of the victim – being gender neutral – to approach the law enforcement agencies and obtain succor and support in the initial stages of extreme fear, terror and despondency faced.
15. With the afore intent, I threw open discussions in this matter to the Bar, calling for suggestions from anyone who is interested in addressing this Court; and am glad that I did so because, I have had the benefit of the views and inputs from very eminent lawyers, both senior and junior.
16. The principles and imperative requirements of ‘Victim Protection Protocols’ are inexorably attracted whenever a sexual assault occurs; and I, therefore, requested the learned counsel appearing for the parties and who are assisting this Court upon the aforementioned invitation, as also the
learned Special Government Pleader – Smt.Ambika Devi, to offer their suggestions.

From Para 32, (Protocols follow)

Consequently, I order this writ petition, directing that protocols below are scrupulously followed in the case of a complaint regarding sexual attack or child abuse without exception:
a) The Government will, in addition to the steps taken earlier by it, continually publicize the Toll Free Number ‘112’ as an Emergency Support System to be known to every citizen, so that the victim of a child abuse or sexual assault can access it whenever required.
b) Every victim of sexual assault and child abuse must be encouraged to access the afore Toll Free Number or the Police Control Room Number ‘100’; and on such intimation being received, it will be fed into a digital system, to be then brought to the notice of the jurisdictional Police Station, for necessary steps under Section 154 of the Cr.P.C. In this regard, I record the undertaking of the State that a system as afore has already been put in place under the Emergency Response Support System (ERSS) Project.
c) This Court records the further undertaking of the State that calls made to the aforementioned Toll Free Numbers of ‘112’ and ‘100’ will only be
attended and responded to by well sensitized and trained personnel, who will make sure that the victim is given sufficient support from the inception, until the time she/he requires it thereafter.
d) On intimation of a sexual assault or child abuse being received by the afore Toll Free Numbers, the Police Control Room or the jurisdictional Police Station, will take immediate steps to contact the victim either personally or through phone without, however, summoning him/her to the Police Station.
e) While taking the statement of the victim, mandatory provisions of Section 157(1) of the Cr.P.C., namely, that same be recorded at his/her
residence or in the place of his/her choice and as far as practical, by a Police Officer in the presence of his/her parents/guardian/near relatives or social worker, shall be scrupulously complied with.
f) On the FIR being so registered, the investigating officer will forthwith assign a ‘Victim Liaison Officer’ in terms of the applicable circulars issued by the State Police Chief, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support.
(g) Simultaneous to the registration of the FIR or at the time when the Victim Liaison Officer is so assigned, the investigating Officer will disclose to the victim the numbers of the ‘One Stop Crisis Centre’ and that of the ‘VRC’, so that they can involve themselves and ensure that the victim suffers no further traumatisation and obtains the best psychological support and succor which, indubitably, is the sine qua non for the reparatory process of the victim’s psychological trauma.
(h) The Authorities concerned will ensure that the victim has constant access to the Victim Liaison Officer and to the ‘One Stop Crisis Centre/VRC’, as the case may be; and that this is made available 24 hours a day, at any time the victim requires it during his/her most difficult times.
(i) The ‘One Stop Crisis Centre’/’VRC’ is directed to offer not merely psychological assistance to the victim, but also legal support as may be required and will actively promote his/her return to normal life, through every possible facilitation as may be warranted. This shall continue as long as the victim requires, or until such time as the trial is completed.
(j) It is further ordered that the victim Liaison Officer (VLO), as also the ‘One Stop Crisis Centre’/’VRC’, shall make available every assistance necessary to the victim for the processes under Section 164A of the Cr.PC, and must actively guide and instruct, advising her/him of her/his rights under it, thus being able to exercise it diligently and with confidence.
The afore are, of course, not exhaustive; and I, therefore, leave liberty to any person, including the learned counsel for the parties or the members of the Bar, to seek any clarification from this Court, if so found necessary; in which event, more effective protocols for victim protection can certainly be thought of and incorporated.

XXX Vs State of Kerala and Ors on 05 July 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed XXX Vs State of Kerala and Ors | Leave a comment

Arshad Ahmad and Ors Vs State NCT of Delhi and Anr on 02 Jun 2022

Posted on July 22, 2022 by ShadesOfKnife

 

Arshad Ahmad and Ors Vs State NCT of Delhi and Anr on 02 Jun 2022
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arshad Ahmad and Ors Vs State NCT of Delhi and Anr CrPC 482 – Quashed Due to Out-Of-Court Settlement False Incest Or Rape Or Sexual Or Sexual Harassment Allegations FIR Quashed Due to Out-Of-Court Settlement IPC 376 - Punishment for rape Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam | Leave a comment

Hrishikesh Sahoo Vs State of Karnataka and Ors on 23 Mar 2022

Posted on July 20, 2022 by ShadesOfKnife

 

Hrishikesh Sahoo Vs State of Karnataka and Ors on 23 Mar 2022

Citations :

Other Sources :

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Hrishikesh Sahoo Vs State of Karnataka and Ors IPC 375 - Rape IPC 376 - Punishment for rape IPC 377 - Unnatural offences Legal Procedure Explained - Interpretation of Statutes Marital Rape POCSO Act Sec 29 - Burden of Proof on Accused POCSO Act Sec 30 - Presumption of culpable mental state Work-In-Progress Article | Leave a comment

S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014

Posted on July 5, 2022 by ShadesOfKnife

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.

S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014

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.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Look Out Circular Notices S.Martin Vs The Deputy Commissioner of Police | Leave a comment

Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019

Posted on July 5, 2022 by ShadesOfKnife

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.

Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/28103125/


Index of judgments about Look Out Circular Notices is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Gattupalli Ujwal Vs State of Andhra Pradesh and Ors Look Out Circular Notices Rajesh Sharma and ors. Vs State of UP and Anr Sumer Singh Salkan Vs Asstt Director and Ors | Leave a comment

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RSS Cloudflare Status

  • Network Performance Issues in Ashburn June 25, 2026
    Jun 25, 07:24 UTC Resolved - This incident has been resolved. Jun 25, 06:55 UTC Monitoring - A fix has been implemented and we are monitoring the results. Jun 25, 06:27 UTC Investigating - Cloudflare is investigating issues with Network Performance in Ashburn, VA (IAD)We are working to analyze and mitigate this problem. More updates […]
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    Jun 25, 05:00 UTC Completed - The scheduled maintenance has been completed. Jun 25, 00:00 UTC In progress - Scheduled maintenance is currently in progress. We will provide updates as necessary. Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might […]
  • Issues with granular roles for Cloudflare Tunnel and Mesh June 24, 2026
    Jun 24, 17:30 UTC Resolved - This incident has been resolved. Jun 24, 15:16 UTC Investigating - Cloudflare is investigating permission issues with resource-based granular roles where a subset of users are not being granted access to their scoped Cloudflare Tunnel and Cloudflare Mesh resources.This specifically impacts users attempting to view, configure, or manage individual […]

RSS List of Spam Server IPs from Project Honeypot

  • 35.227.38.56 | S June 24, 2026
    Event: Bad Event | Total: 19 | First: 2026-06-24 | Last: 2026-06-24
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