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True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Posted on May 23, 2022 by ShadesOfKnife

Supreme Court referred to the Part II of the First Schedule of the Cr.P.C. to decide if a penal provision in any law is a cognizable or non-cognizable offence.

5.1 The short question which is posed for consideration before this Court is, whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a non-cognizable offence as observed and held by the High Court.
5.2 While answering the aforesaid question Section 63 of the Copyright Act and Part II of the First Schedule of the Cr.P.C. are required to be referred to.
5.3 Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the learned Magistrate may sentence the accused for a period of three years also. In that view of the matter considering Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is acognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be non-cognizable. In view of the above clear position of law, the decision in the case of Rakesh Kumar Paul (supra) relied upon by learned counsel appearing on behalf of respondent no.2 shall not be applicable to the facts of the case on hand. The language of the provision in Part II of First Schedule is very clear and there is no ambiguity whatsoever.

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Knit Pro International Vs State of NCT Delhi and Anr Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Posted on May 20, 2022 by ShadesOfKnife

A division bench of Apex Court as follows,

From Para 52,

52. In view of the above discussion, the three questions raised in this appeal are answered as under:
“(i) Whether the consideration of Domestic Incidence Report is mandatory before initiating the proceedings under Domestic Violence Act, 2005 in order to invoke substantive provisions of Sections 18 to 20 and 22 of the said Act?” It is held that Section 12 does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Act. It is clarified that even in the absence of a Domestic Incident Report, a Magistrate is empowered to pass both ex parte or interim as well as a final order under the provisions of the D.V. Act.
“(ii) Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the point of commission of violence?” It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V. Act including enforcement of her right to live in a shared household.
“(iii) Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed?” It is held that there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed vis-à-vis allegation of domestic violence. However, it is not necessary that at the time of filing of an application by an aggrieved person, the domestic relationship should be subsisting. In other words, even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application under Section 12 of the D.V. Act but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Citations : [2022 SCC ONLINE SC 607]

Other Sources :

https://indiankanoon.org/doc/85317640/

https://www.casemine.com/judgement/in/627eb23ab50db90fd1943198

https://www.indianemployees.com/judgments/details/prabha-tyagi-vs-kamlesh-devi

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC 


This decision (with respect to shared householding requirement in DV cases) overrules decision by Andhra Pradesh High Court here.


Index of DV Cases here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Domestic Incident Report is Optional in Case Under PWDV Act Landmark Case Legal Procedure Explained - Interpretation of Statutes Prabha Tyagi Vs Kamlesh Devi PWDV Act Sec 17 - Right to reside in a shared household Reportable Judgement or Order | Leave a comment

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Posted on May 20, 2022 by ShadesOfKnife

A division bench of Supreme Court passed the following guidelines…

13. To conclude:
(i) The trial courts must carry out the mandate of Section 309 of the Cr.P.C. as reiterated in judgments of this Court, inter alia, in State of U.P. versus Shambhu Nath Singh and Others, Mohd. Khalid versus State of W.B. and Vinod Kumar versus State of Punjab.
(ii) The eye-witnesses must be examined by the prosecution as soon as possible.
(iii) Statements of eye-witnesses should invariably be recorded under Section 164 of the Cr.P.C. as per procedure prescribed thereunder.

Doongar Singh and Ors Vs The State Of Rajasthan on 28 Nov 2017

Citations : [2017 SCC ONLINE SC 1391], [2017 SCALE 13 752], [2018 SCC 13 741], [2019 SCC CRI 1 410], [2017 CTC 6 883], [2018 KLT 1 629], [2018 AIC 183 5], [2018 ECRN 1 667], [2017 AIR SC SUPP 328]

Other Sources :

https://indiankanoon.org/doc/99075271/

https://www.casemine.com/judgement/in/5a261fe74a9326744f39e37e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty CrPC 164 - Recording of Confessions and Statements CrPC 309 - Power to Postpone or Adjourn Proceedings Doongar Singh and Ors Vs The State Of Rajasthan Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Reportable Judgement or Order | Leave a comment

Parekh Jaisalkumar Vinodbhai Vs State of Gujarat on 29 Apr 2022

Posted on May 12, 2022 by ShadesOfKnife

A Division bench of Gujarat High Court levied costs of 10000 on the delusioned wife who doesn’t want to cohabit with her husband because of different sub-castes, after living with him for 4 years. Most probably, a case of illegal affair taking shape here!

From paras 2 to 4,

2. Today when she is called, she has chosen not to change her mind. She reiteratively stated that the petitioner has no fault, she has no complaint against him, however, she does not want to continue this relationship and she is completely guided by her parents in her decision. She is no wrong in being influenced and guided by the parents in this matter although, they had courtship for about four years.
3. We find it extremely unfortunate that the educated couple needs to end the relationship in such a fashion just because there is a strong resistance on the part of the parents and taken in exert this kind of influence. We could notice that the petitioner inconsolably cried & is desolated because of this decision, however, it is for the parties to respectively chose their own forum for their respective rights. We have no answer for certain unfairness in the relationship.
4. We were unable to fathom anything from the repeated queries raised by us as to why she has chosen not to continue this relationship. The petitioner with all his hopes, aspirations and dreams had approached this Court and when he has met this destiny of his, we are of the firm opinion that that this is on account of unreasonable premise and unsubstantiated reason, we are constrained to award the cost of Rs.10,000/- (Rupees Ten Thousand Only) to the petitioner from the private respondent, to be paid within a period of four weeks from the date of receipt of a copy of this order. If not paid within a stipulated time period, consequences shall follow.

Parekh Jaisalkumar Vinodbhai Vs State of Gujarat on 29 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Parekh Jaisalkumar Vinodbhai Vs State of Gujarat Perjury - Costs Levied or Imprisonment For Perjury | Leave a comment

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Posted on May 1, 2022 by ShadesOfKnife

Apex Court explained about offence of rape and the necessary ingredients to make out a case u/s 376 IPC.

Coming to the question as to whether Section 354 of the Act has any application, it is to be noted that the provision makes penal the assault or use of criminal force to a woman to outrage her modesty. The essential ingredients of offence under Section 354 IPC are:
(a) That the assault must be on a woman.
(b) That the accused must have used criminal force on her.
(c) That the criminal force must have been used on the woman intending thereby to outrage her modesty.
What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ’modesty’ is not defined in IPC. The Shorter Oxford Dictionary (Third Edn.) defines the word ’modesty’ in relation to woman as follows:
“Decorous in manner and conduct; not forward or lower; Shame-fast; Scrupulously chast.”
Modesty is defined as the quality of being modest;and in relation to woman, “womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct.” It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions. As observed by Justice Patterson in Rex v. James Llyod (1876) 7 C&P 817 in order to find the accused guilty of an assault with intent to commit a rape, court must be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person but that he intended to do so at all events, and notwithstanding any resistance on her part. The point of distinction between an offence of attempt to commit rape
and to commit indecent assault is that there should be some action on the part of the accused which would show that he was just going to have sexual connection with her.

And finally,

A culprit first intends to commit the offence, then makes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence; if he fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word ’attempt’ is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it; and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence. It differs widely from attempt which is the direct movement towards the commission after preparations are made. Preparation to commit an offence is punishable only when the preparation is to commit offences under Section 122 (waging war against the Government of India) and Section 399 (preparation to commit dacoity). The dividing line between a mere preparation and an attempt is sometimes thin and has to be decided on the facts of each case. There is a greater degree of determination in attempt as compared with preparation.
An attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in it the intent to commit a crime, falling short of, its actual commission or consummation/completion. It may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. The illustrations given in Section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.
The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375 IPC refers to “sexual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.

Ramkripal Charmakar Vs State of Madhya Pradesh on 19 Mar 2007

Citations : [2007 SCC 11 265], [2007 AIR SC 0 2198], [2007 ALD CRI 2 940], [2007 ALT CRI 3 135], [2007 JT 4 393], [2007 SCALE 4 438], [2007 SUPREME 5 297], [2007 AIR JHAR R 2 905], [2007 OLR 1 803], [2007 CRLR 308], [2007 RCR CRI 2 390], [2007 DLT CRI 2 108], [2007 SLT 3 726], [2007 AIOL 306], [2007 AIR SC 49], [2007 BOMCR CRI SC 1 200], [2008 SCC CRI 1 674], [2007 SCR 4 125], [2007 AIC SC 54 131], [2007 CRIMES SC 3 115], [2007 AIR SCW 2198], [2008 MLJ CRL 1 172], [2007 CRLJ SC 2302]

Other Sources :

https://indiankanoon.org/doc/1308370/

https://www.casemine.com/judgement/in/5609ae60e4b0149711413a7a

https://www.indianconstitution.in/2021/12/ramkripal-so-shyamlal-charmakar-vs.html

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to IPC 354 - Assault of criminal force to woman with intent to outrage her modesty IPC 376 - Punishment for rape Landmark Case Legal Procedure Explained - Interpretation of Statutes Ramkripal Charmakar Vs State of Madhya Pradesh Reportable Judgement or Order | Leave a comment

Medicos Legal Action Group Vs Union of India on 29 Apr 2022

Posted on April 30, 2022 by ShadesOfKnife

Apex Court confirmed the decision of Bombay High Court which said, Doctor’s (Healthcare) services are within the ambit of Consumer Protection Act 2019.

Medicos Legal Action Group Vs Union of India on 29 Apr 2022

Citations :

Other Sources :


Bombay High Court decision:

Medicos Legal Action Group Vs Union of India on 25 Oct 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Doctors (Healthcare) services are within the abmit of Consumer Protection Act 2019 Legal Procedure Explained - Interpretation of Statutes Medicos Legal Action Group Vs Union of India PIL - Frivoluos | Leave a comment

Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019

Posted on April 29, 2022 by ShadesOfKnife

A division bench of Apex Court held that, there is no allegations of domestic violence against the respondents and more importantly, there is no shared household between the complainant and the respondents.

The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case. The petitioner and the respondents are not persons living together in a shared household. There is a vague allegation that the respondents are family members. There is not a whisper of the respondents with the petitioner. They appear to be neighbours.

Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/46655686/

https://lawsisto.com/legalnewsread/MzAxMg==/Supreme-Court-If-Parties-Are-Not-Living-Together-In-A-Shared-House-Domestic-Violence-Complaint-Not-Maintainable

https://www.lawyerservices.in/Kamlesh-Devi-Versus-Jaipal-and-Others-2019-10-04

https://lawstreet.co/judiciary/complaint-not-maintainable-if-parties-are-living-separately/


Here is the High Court decision:

The learned Judicial Magistrate Ist Class, Narnaul, after discussing the provisions of the Act found that none of the witnesses on record has established any fact to the effect that the respondents and the petitioner have been living in a shared household and the respondents have caused domestic violence upon them. The Court below also held that no violence whatsoever has been alleged of any kind within the premises of shared household. The only allegation is that though they did obscene activities with the daughters of the petitioner, the allegations as per pleadings are that respondents Jaipal, Krishan Kumar and Sandeep used to misbehave with the daughters of the petitioner, namely, Anusaya and Gaytri while they went outside for the purpose of their study and they used to do obscene activities with the daughters of the petitioner. The findings given by the learned Judicial Magistrate Ist Class, Narnaul, are correct as per evidence and law. No illegality has been committed by the learned Judicial Magistrate Ist Class, Narnaul.
From the perusal of the complaint itself, it transpires that the offence, if any, which has been alleged, falls in the provisions of IPC and it does not attract the provisions of the Act. The important fact that accused Jaipal, Krishan Kumar and Sandeep are the nephews itself will not bring the case under the Act.
The appeal filed by the present petitioner against the judgment of the learned Judicial Magistrate Ist Class, Narnaul, before the learned Sessions Judge was also dismissed by giving the reasoning as per law. The learned Sessions Judge also discussed that there is not an iota of evidence that the petitioner Kamlesh Devi and the respondents are living together in share household. Rather, certificate Ex.C.3/Ex.PW.1/C also shows that it has been mentioned therein that Sube Singh alias Shiv Lal, Siri Ram, Chhote Lal and Babu Lal reside separately in separate houses. Protection Officer had also reported that Kamlesh Devi along with her family is residing at Narnaul since a long time and had performed the marriages of her daughters at Narnaul and Smt. Kamlesh Devi and her husband are not residing in Village Gaud. The learned Sessions Judge, Narnaul also held that Kamlesh Devi-petitioner is not aggrieved person under the provision of Section 2(a) of the Act and is not entitled to any protection under Section 18 of the Act. A perusal of the judgments passed by the Courts below shows that the same have been passed as per evidence and law and the same are upheld.

Kamlesh Devi Vs Jaipal and Ors on 16 Sep 2016

Citations :

Other Sources :

https://www.casemine.com/judgement/in/5e24c7f546571b7222aa868e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision DP Act 2(a) - Not an Aggrieved Person Kamlesh Devi Vs Jaipal and Ors No Shared Household | Leave a comment

Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

Posted on April 26, 2022 by ShadesOfKnife

A division bench of Apex Court held that procedural lapses are crucial in proceedings under Contempt of Courts Act 1971.

From Para 23,

23) We have already pointed out that while dealing with criminal contempt in terms of Section 2(c) of the Act, strict procedures are to be adhered. In a series of decisions, this Court has held that jurisdiction to initiate proceedings for contempt as also the jurisdiction to punish for contempt are discretionary with the court. Contempt generally and criminal contempt certainly is a matter between the court and the alleged contemnor. No one can compel or demand as of right initiation of proceedings for contempt. The person filing an application or petition before the court does not become a complainant or petitioner in the proceedings. He is just an informer or relator. His duty ends with the facts being brought to the notice of the court. It is thereafter for the court to act on such information or not. [Vide Om Prakash Jaiswal vs. D.K. Mittal, (2000) 3 SCC 171] Further Section 15 of the Act as well as the Madras High Court Contempt of Court Rules insist that, particularly, for initiation of criminal contempt,  consent of the Advocate General is required. Any deviation from the prescribed Rules should not be accepted or condoned lightly and must be deemed to be fatal to the proceedings taken to initiate action for contempt. In the present case, the above provisions have not been strictly adhered to and even the notice issued by the then Division Bench merely sought for explanation from the appellant about the allegations made by Respondent No. 1.

Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

Citations : [2011 AIR SC 1645], [2011 CRI LJ 2680], [2011 CRIMES SC 2 163], [2011 CTC 3 520], [2011 JCR SC 3 23], [2011 JT SC 4 268], [2011 KCCR SN 3 329], [2011 RCR CRIMINAL 2 829], [2011 SCALE 4 664], [2011 SCC 5 496], [2011 SCC CRI 2 709], [2011 SCR 5 329], [2011 UC 2 922], [2011 UJ 2 1658], [2011 AIR SC 2588], [2012 CUTLT 113 822], [2011 AIC 102 74], [2011 AIOL 291], [2011 CRLJ SC 2680], [2011 JT 4 273], [2011 SUPREME 3 217], [2011 SUPREME 3 228], [2011 LW CRL 1 666], [2011 SCC CR 2 709], [2011 SCJ 4 82], [2011 MLJ CRI 3 542], [2011 CCR 2 214], [2011 SLT 3 438], [2011 RCR CRIMINAL SC 2 829], [2011 KCCRSN 3 329], [2012 CUT LT 113 822], [2011 MLJ CRL 3 54], [22011 KHC SN 2 212011 CRLJ 2680], [2011 AIR SCW 2588], [2011 JT 4 268], [2011 CRILJ 2680]

Other Sources :

https://indiankanoon.org/doc/1204818/

https://www.casemine.com/judgement/in/5609aef4e4b014971141544e


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CC Act Sec 12 - Contempt In Face Of Court CC Act Sec 2(c) - Contempt of Criminal Contempt Landmark Case Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Reportable Judgement or Order | Leave a comment

D.K. Basu Vs State of West Bengal on 18 Dec 1996

Posted on April 26, 2022 by ShadesOfKnife

A division bench of Apex Court laid down certain guidelines to be followed in cases of arrest and detention till legal provisions are made in that behalf as preventive measures. The said guidelines read as follows:-

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.
(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest.
(3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a
relative of the arrestee.
(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.
(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.
(8) The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepare such a panel for all tehsils and districts as well.
(9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record.
(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
(11) A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

D.K. Basu Vs State of West Bengal on 18 Dec 1996

Citations : [1997 ACR SC 21 277], [1997 AIR SC 610], [1997 ALD CRI 1 248], [1998 BLJR 1 161], [1997 CRILJ 743], [1996 CRIMES SC 4 233], [1997 GLR 2 1631], [1997 JT SC 1 1], [1997 RCR CRIMINAL 1 372], [1997 RLW SC 1 94], [1996 SCALE 9 298], [1997 SCC 1 416], [1996 SUPP SCR 10 284], [1997 SCC CRI 92], [1996 SUPPSCR 10 284]

Other Sources :

https://indiankanoon.org/doc/501198/

https://www.casemine.com/judgement/in/5609ace1e4b014971140fee9#

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 46 - Arrest how made D.K. Basu Vs State of West Bengal Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Posted on April 26, 2022 by ShadesOfKnife

A division bench of Supreme Court granted compensation to victims of police harassment, while quashing the criminal proceedings.

From Para 27,

27. In the case at hand, there has been violation of Article 21 and the petitioners were compelled to face humiliation. They have been treated with an attitude of insensibility. Not only there are violation of guidelines issued in the case of D.K. Basu (supra), there are also flagrant violation of mandate of law enshrined under Section 41 and Section 41-A of CrPC. The investigating officers in no circumstances can flout the law with brazen proclivity. In such a situation, the public law remedy which has been postulated in Nilawati Behra (supra), Sube Singh v. State of Haryana9, Hardeep Singh v. State of M.P.10, comes into play. The constitutional courts taking note of suffering and humiliation are entitled to grant compensation. That has been regarded as a redeeming feature. In the case at hand, taking into consideration the totality of facts and circumstances, we think it appropriate to grant a sum of Rs.5,00,000/- (rupees five lakhs only) towards compensation to each of the petitioners to be paid by the State of M.P. within three months hence. It will be open to the State to proceed against the erring officials, if so advised.

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Citations : [2016 AIOL 3407], [2016 SCC ONLINE SC 594], [2016 SCC 11 703], [2017 SCC CRI 1 364], [2016 AIR SC 2679], [2016 AIC 163 98], [2016 CRI LJ 3156], [2016 GUJ LH 2 607], [2016 KLJ 3 613], [2016 KLT 3 502]

Other Sources :

https://indiankanoon.org/doc/103942103/

https://www.casemine.com/judgement/in/5790b545e561097e45a4e6b3

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 239 - Discharge Rejected CrPC 239 - Discharge Rejection is Set Aside CrPC 41 - When police may arrest without warrant CrPC 41B - Procedure of arrest and duties of officer making arrest CrPC 41D - Right of arrested person to meet an advocate of his choice during interrogation CrPC 46 - Arrest how made CrPC 482 – Criminal Proceeding Quashed Dr. Rini Johar and Anr Vs State of MP and Ors Grant Compensation For False Prosecution Landmark Case Reportable Judgement or Order | Leave a comment

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thebetterindia The Better India @thebetterindia ·
10h

On World Environment Day, we look back at a journey that redefined how India sees conservation.

From 70+ global film festivals to packed screenings across India, Turtle Walker brings to life the extraordinary 4,000-km coastal journey of Satish Bhaskar—an IIT graduate who chose

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sathyashrii SriSathya @sathyashrii ·
11h

Pregnant Yoga Teacher shows remarkable Balance & Flexibility... 🔥🔥

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swathireddytdp Swathi Reddy @swathireddytdp ·
14h

ఆంధ్రప్రదేశ్ APCNF కి ప్రపంచ గుర్తింపు!
Food Planet Prize 2026 - $1.5 మిలియన్ గెలుచుకుంది 🏆

18 లక్షల రైతు కుటుంబాలు రసాయనాలు లేని, వాతావరణ సహజ సేద్యం వైపు మళ్లాయి.
స్వీడన్ Curt Bergfors Foundation ఈ అవార్డు ఇచ్చింది.

#andhrapradesh #chandrababunaidu

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