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True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

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

Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018

Posted on July 5, 2022 by ShadesOfKnife

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.

Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018

Citations :

Other Sources :

https://indiankanoon.org/doc/108983018/


NBW judgments here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order CrPC 397/399 - Revision CrPC 399 - Sessions Judge's powers of revision Dismissal of NBW Cancellation is not Interlocutory so Revision is Maintainable Issue of Non-Bailable Warrant Manoj Kumar Vs State (NCT of Delhi) P.A.Saleem Vs State of Madras Remedy when Non-Bailable Warrant Not Recalled | Leave a comment

Dr.XXXXX Vs Dr.XXXXX on 03 Mar 2022

Posted on July 4, 2022 by ShadesOfKnife

After filing divorce petition in 2013 by husband, it took 9 years for the both parties to bury the issues and come for compromise. So, Who won? The ecosystem, which looted lakhs of rupees.

Dr.XXXXX Vs Dr.XXXXX on 03 Mar 2022

Citations :

Other Sources :

https://indiankanoon.org/doc/66228067/

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Dr.XXXXX Vs Dr.XXXXX PWDV Act - Compromised | Leave a comment

Dr.XXXXX Vs Dr.XXXXX on 24 Mar 2016

Posted on July 4, 2022 by ShadesOfKnife

After wasting opportunities given, the knife moved an application to file Counter but husband opposed it at Karnataka High Court.

From Paras 3-6,

4. However, insofar as the position of law as to whether the opportunity to file the objection statement can be granted subsequent to the expiry of the period as provided under Order 8, Rule 1 of CPC has in fact been stated by the Hon’ble Supreme Court wherein, it is held that it is only directory and not mandatory. The said decision in Salem Advocate Bar Association -vs- Union of India has also been referred to by the Court below.

From Para 5, (Pass an ex-parte order, what are you waiting for?)

5. In the instant case, though the petitioner contends that the respondent has not putforth any justifiable reasons seeking such opportunity, what cannot be lost sight is that the instant case is a matrimonial dispute where personal allegations would be made by the parties. If that be so, unless such personal allegations as made are controverted and thereafter evidence is available before the Court below, the Court in any event cannot come to an appropriate conclusion. Therefore, if in that light, when it is seen that the petition filed by the petitioner is for annulment of the marriage under Section 12 of the Hindu Marriage Act, 1955, it is more so that the petition averments would have to be controverted and thereafter a conclusion is to be reached. Therefore, in that circumstance, in any event, the Court below was justified in allowing the application and taking on record the objection statement.

Dr.XXXXX Vs Dr.XXXXX on 24 Mar 2016

Citations :

Other Sources :

https://indiankanoon.org/doc/135443264/


Index here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CPC Order 8 Rule 1 - Written Statement Dr.XXXXX Vs Dr.XXXXX HM Act 12 - Voidable marriages No Consummation of Marriage | Leave a comment

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