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Tag: 2-Judge (Division) Bench Decision

Reena Hazarika Vs State of Assam on 31 Oct 2018

Posted on October 29, 2020 by ShadesOfKnife

Justice Navin Sinha held that procedure u/s 313 CrPC may very well be considered as a fundamental right as part of Rights available under Article 21 of the Constitution.

From Para 16,

16. Section 313, Cr.P.C. cannot be seen simply as a part of audi alteram partem. It confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial under Article 21 of the Constitution, even if it is not to be considered as a piece of substantive evidence, not being on oath under Section 313(2), Cr.P.C. The importance of this right has been considered time and again by this court, but it yet remains to be applied in practice as we shall see presently in the discussion to follow. If the accused takes a defence after the prosecution evidence is closed, under Section 313(1)(b) Cr.P.C. the Court is duty bound under Section 313(4) Cr.P.C. to consider the same. The mere use of the word ‘may’ cannot be held to confer a discretionary power on the court to consider or not to consider such defence, since it constitutes a valuable right of an accused for access to justice, and the likelihood of the prejudice that may be caused thereby. Whether the defence is acceptable or not and whether it is compatible or incompatible with the evidence available is an entirely different matter. If there has been no consideration at all of the defence taken under Section 313 Cr.P.C., in the given facts of a case, the conviction may well stand vitiated. To our mind, a solemn duty is cast on the court in dispensation of justice to adequately consider the defence of the accused taken under Section 313 Cr.P.C. and to either accept or reject the same for reasons specified in writing.


Citations : 2018 SCC ONLINE SC 2281, 2019 (1) AICLR 192 (SC), 2018 (3) JIC 75 (SC), AIR 2018 SC 5361

Other Sources:

https://indiankanoon.org/doc/152892250/

https://www.casemine.com/judgement/in/5bd9d9c99eff430a1b47fd8c

Section 313 CrPC can well be considered as a constitutional right under Article 21; invocation of last seen theory sans facts and evidence does not shift onus on accused: SC

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 313 - Power to examine the accused Reena Hazarika Vs State of Assam Reportable Judgement or Order | Leave a comment

Vijaya Rao Vs State of Rajasthan and Anr on 29 Jul 2005

Posted on October 26, 2020 by ShadesOfKnife

Supreme Court held that, just by using the words/expressions used in statutes/provisions does not disclose any offence, when the necessary ingredients constituting Section 420 are conspicuously lacking in the complaint.

From Para 5,

5. Except using the expressions fraudulent misappropriation and mala fide intention, the allegations in the complaint do not at all disclose as to how the appellant can be found guilty of the offence under Section 420 IPC. The ingredients constituting Section 420 are conspicuously lacking in the  complaint. All the courts have failed to address themselves to the crucial question whether as far as the appellant is concerned any offence under Section 420 or for that matter any offence under Section 409 has been committed. Even going by the allegations in the complaint, allowing the  criminal proceedings to go on against the appellant, would result in abuse of the process of the court. Hence, the proceedings in Complaint Case No. 10 of 2000 on the file of the Chief Judicial Magistrate, Sikar are quashed as against the appellant. The appeal is allowed accordingly.

Vijaya Rao Vs State of Rajasthan and Anr on 29 Jul 2005

Citations : [2006 CCR 2 122], [2006 SLT 3 405], [2005 SCC 7 69], [2005 SCC CRI 1600]

Others Sources :

https://www.casemine.com/judgement/in/56ea89ae607dba38b6e4923a

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Vijaya Rao Vs State of Rajasthan and Anr | Leave a comment

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020

Posted on October 21, 2020 by ShadesOfKnife

Vagua allegations don’t take fake cases far. Bombay HS quashed the fake case of 498A IPC against the relatively.

From Para 14,

14. Nowadays, it has become a tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code. Hence, it has become necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.

 

Shabnam Sheikh Vs State of Maharashtra on 15 Oct 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Legal Terrorism Shabnam Sheikh Vs State of Maharashtra | Leave a comment

State of Punjab Vs Jasbir Singh on 26 Feb 2020

Posted on October 20, 2020 by ShadesOfKnife

Since there was 1 judgment from a 3-judge bench of Supreme Court which said Preliminary Inquiry is mandatory u/s 340 CrPC, the 2-judge bench in this case, referred this point to a Larger bench.

From Para 14,

14. In any event, given that the decision of the three-Judge Bench in Sharad Pawar (supra) did not assign any reason as to why it was departing from the opinion expressed by a Coordinate Bench in Pritish (supra) regarding the necessity of a preliminary inquiry under Section 340 of the CrPC, as also the observations made by a Constitution Bench of this Court in Iqbal Singh Marwah (supra), we find it necessary that the present matter be placed before a larger Bench for its consideration, particularly to answer the following questions:
(i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court?
(ii) What is the scope and ambit of such preliminary inquiry?
15. Accordingly, we direct the Registry to place the papers before the Hon’ble Chief Justice for appropriate orders.

State of Punjab Vs Jasbir Singh on 26 Feb 2020

This was answered by a three-judge bench as follows:

State of Punjab Vs Jasbir Singh on 15 Sep 2022

Citations :

Other Sources :

 


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 read with CrPC 195 Perjury - Preliminary Inquiry Not Mandatory Perjury Under Section 340 CrPC Referred to Large Bench State of Punjab Vs Jasbir Singh | Leave a comment

Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019

Posted on October 20, 2020 by ShadesOfKnife

Citing Iqbal Marwah here and other landmark case laws, Supreme Court says,

From Para 10,

10. It is fairly well settled that before lodging of the complaint, it is necessary that the court must be satisfied that it was expedient in the interest of justice to lodge the complaint. It is not necessary that the court must use the actual words of Section 340 Cr.P.C.; but the court should record a finding indicating its satisfaction that it is expedient in the interest of justice that an enquiry should be made. Observing that under Section 340 Cr.P.C., the prosecution is to be launched only if it is expedient in the interest of justice and not on mere allegations or to vindicate personal vendetta,

From Para 11,

11. Before proceeding to make a complaint regarding commission of an offence referred to in Section 195(1)(b) Cr.P.C., the court must satisfy itself that “it is expedient in the interest of justice”. The language in Section 340 Cr.P.C. shows that such a course will be adopted only if the interest of justice requires and not in every case. It has to be seen in the facts and circumstances of the present case whether any prima facie case is made out for forgery or making a forged document warranting issuance of directions for lodging the complaint under Section 193, 467, 468 and 471 IPC.

From Para 19,

19. Even assuming that the version in the vakalatnama is wrong, mere incorrect statement in the vakalatnama would not amount to create a forged document and it cannot be the reason for exercising the jurisdiction under Section 340 Cr.P.C. for issuance of direction to lodge the criminal complaint against the appellants.

Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019

Citations : [2019 SCC 6 477], [2019 SCC CRI 2 826], [2019 SCC ONLINE SC 664], [AIR 2019 SC 2280], [2019 (2) Crimes 279], [2019 (7) Scale 559], [2019 CriLJ 2896], [2019 CrLJ 2896], [2019 (3) JLJR 122], [2019 (3) PLJR 122]

Other Sources :

https://indiankanoon.org/doc/150953328/

https://www.casemine.com/judgement/in/5cd3c6064a932660042c22f2

https://caselaw.in/supreme-court/sasikala-pushpa-v-state-of-tamil-nadu/4295/


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 read with CrPC 195 Iqbal Singh Marwah and Anr vs Meenakshi Marwah and Anr Perjury Under Section 340 CrPC Reportable Judgement or Order Sasikala Pushpa and Ors Vs State of Tamil Nadu | Leave a comment

Vilas Dinkar Bhat Vs State of Maharashtra on 10 Aug 2018

Posted on October 19, 2020 by ShadesOfKnife

Supreme Court held as follows:

11) In our opinion, when a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court/Committee/Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. What is important is the consideration of entire evidence adduced by the parties in accordance with law while deciding the case.

 

Vilas Dinkar Bhat Vs State of Maharashtra and Ors 10 Aug 2018

Citations : [2018 SCC 9 89], [2018 SCC L&S 2 572], [2018 SCC ONLINE SC 882], [2018 AIR SC 3776]

Other Sources :

https://indiankanoon.org/doc/35798783/

https://www.casemine.com/judgement/in/5b6dc0919eff433a41935bfc

https://www.indianemployees.com/judgments/details/vilas-dinkar-bhat-versus-state-of-maharashtra-ors

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Reportable Judgement or Order Vilas Dinkar Bhat Vs State of Maharashtra | Leave a comment

D.Devaraja Vs Owais Sabeer Hussain on 18 Jun 2020

Posted on October 18, 2020 by ShadesOfKnife

Instead of a Private complaint, the victim should have filed a police complaint u/s 166A IPC as is was inserted into the CrPC book via 2013 Amendment (Due to 2012 Nirbhaya incident)

D.Devaraja Vs Owais Sabeer Hussain on 18 Jun 2020

Citations : 2020 SCC ONLINE SC 517

Other Sources :

https://indiankanoon.org/doc/127137628/

https://www.casemine.com/judgement/in/5ef19a8f3321bc37150ee24f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 197 - Prosecution of Judges and public servants D.Devaraja Vs Owais Sabeer Hussain Reportable Judgement or Order | Leave a comment

Anil Bharadwaj Vs The High Court of MP and Ors on 13 Oct 2020

Posted on October 14, 2020 by ShadesOfKnife

A District-Judge aspirant lost that opportunity due to a false 498A IPC case from which he got acquitted, after the selection for the post completed.

Anil Bharadwaj Vs The High Court of MP and Ors on 13 Oct 2020

Earlier High Court Judgment dismissing the Writ petition

Anil Bhardwaj Vs The High Court of Madhya Pradesh and Ors on 06 Jan 2020

~~~

Other Source: https://indiankanoon.org/doc/103138593/


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anil Bharadwaj Vs The High Court of MP and Ors Catena of Landmark Judgments Referred/Cited to Legal Terrorism Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Posted on October 12, 2020 by ShadesOfKnife

Chief Justice Gita Mittal in a Division Bench passed the order holding the ‘The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001’ as Unconstitutional. Thereby, all the orders, transactions made on the strength of this Act and corresponding Rule are void ab initio.

Prof. S. K. Bhalla Vs State of JnK and Ors on 09 Oct 2020

Citations :

Other Sources :

 

Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Law or Provision is Alleged as Unconstitutional Prof. S. K. Bhalla Vs State of JnK and Ors | Leave a comment

State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr on 10 Sep 2015

Posted on October 11, 2020 by ShadesOfKnife

After giving some inputs to Law commission and Bar Council of India in this para,

16. The interest of justice may suffer if the counsel conducting the trial is physically or mentally unfit on account of any disability. The interest of the society is paramount and instead of trials being conducted again on account of unfitness of the counsel, reform may appear to be necessary so that such a situation does not arise. Perhaps time has come to review the Advocates Act and the relevant Rules to examine the continued fitness of an advocate to conduct a criminal trial on account of advanced age or other mental or physical infirmity, to avoid grievance that an Advocate who conducted trial was unfit or incompetent. This is an aspect which needs to be looked into by the concerned authorities including the Law Commission and the Bar Council of India.

Supreme Court passed these reasons for not recalling a witness

29. We may now sum up our reasons for disapproving the view of the High Court in the present case:
(i) The trial court and the High Court held that the accused had appointed counsel of his choice. He was facing trial in other cases also. The earlier counsel were given due opportunity and had duly conducted cross-examination. They were under no handicap;
(ii) No finding could be recorded that the counsel appointed by the accused were incompetent particularly at back of such counsel;
(iiii) Expeditious trial in a heinous offence as is alleged in the present case is in the interests of justice;
(iv) The trial Court as well as the High Court rejected the reasons for recall of the witnesses;
(v) The Court has to keep in mind not only the need for giving fair opportunity to the accused but also the need for ensuring that the victim of the crime is not unduly harassed;
(vi) Mere fact that the accused was in custody and that he will suffer by the delay could be no consideration for allowing recall of witnesses, particularly at the fag end of the trial;
(vii) Mere change of counsel cannot be ground to recall the witnesses;
(viii) There is no basis for holding that any prejudice will be caused to the accused unless the witnesses are recalled;
(ix) The High Court has not rejected the reasons given by the trial court nor given any justification for permitting recall of the witnesses except for making general observations that recall was necessary for ensuring fair trial. This observation is contrary to the reasoning of the High Court in dealing with the grounds for recall, i.e., denial of fair opportunity on account of incompetence of earlier counsel or on account of expeditious proceedings;
(x) There is neither any patent error in the approach adopted by the trial court rejecting the prayer for recall nor any clear injustice if such prayer is not granted.

Citations : [2016 ACR SC 1 142], [2016 ALT CRL AP 1 167], [2016 MPJR 1 1], [2016 NCC 1 393], [2016 SCC 2 402], [2016 SCJ 1 93], [2015 AIR SC 3501], [2015 AD SC 10 165], [2015 ALLCC 91 640], [2015 BOMCR CRI 4 366], [2015 CCR SC 3 468], [2015 CRILJ 4640], [2015 CRIMES SC 4 1], [2015 JLJR 4 97], [2015 PLJR 4 258], [2015 RCR CRIMINAL 4 312], [2015 RLW SC 4 3271], [2015 SCALE 9 649], [2015 UC 3 1794], [2016 SCC CRI 1 510], [2015 SCC ONLINE SC 799], [2015 AIC 155 68], [2015 CRI LJ 4640]

Other Sources :

https://indiankanoon.org/doc/33982557/

https://www.casemine.com/judgement/in/5790b391e561097e45a4e3ea

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 309 - Power to Postpone or Adjourn Proceedings CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr | Leave a comment

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