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True Colors of a Vile Wife

Tag: CrPC 482 – Saving of inherent powers of High Court

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Posted on December 15, 2024 by ShadesOfKnife

A single bench of MP High Court at Jabalpur, held that absence of specific date and time when the complainant-wife was subjected to the demand of dowry is sufficient to quash Dowry demand allegation.

From Para 6,

6. In the present case, this Court issued notices to the respondent No. 2. The report of the office reflects that the notices were served upon the respondent No. 2 yet respondent No. 2 has not appeared before this Court nor any one has filed any Vakalatnama on behalf of respondent No. 2. It is also undisputed that prosecution was initially launched against the husband of petitioner No. 2 Rahul Gaur who has also expired after lodging of F.I.R. A perusal of F.I.R discloses the allegation against the present petitioners that they used to visit the complainant who was residing at Rachna Nagar  and used to demand Rs.5 lakhs in order to buy a bigger house. F.I.R. discloses that complainant was not residing with the present petitioners and was residing at Rachna Nagar with her husband. According to complainant petitioner No. 3 also used to record conversation and used to humiliate her. It is further mentioned in the F.I.R that the petitioner No. 2 was acting on the instructions of petitioner No. 1. After registration of F.I.R the statement of the complainant and her parents were also recorded. The statement are there on record. Perusal of all the statement reflects that identical allegations have been levelled by all the witnesses. The allegations are not specific. There are no particulars like specific date and time when the complaint was subjected to the demand of dowry. As per complainant own showing the present petitioners were not residing with the present complainant but the complainant made an effort to demonstrate that the present petitioners used to visit her at place. The said particulars have not been disclosed by the complainant in the F.I.R. or there is any disclosure of such particulars in the entire statement of the witnesses.

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Index of Quash judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 - Saving of inherent powers of High Court Geetababi Khambra Vs State of MP and Anr IPC 498a - Not Made Out Against Parents or Relatives | Leave a comment

Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr on 27 Nov 2013

Posted on July 9, 2024 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Paras 21.1 and 21.2,

21. Findings
21.1 At the outset, this Court is of the view that having availed the remedy of revision before the Sessions Court under Section 397 Cr.P.C., the petitioner cannot be allowed to re-agitate the same point before this Court in a petition under Section 482 Cr.P.C. as it would amount to a second revision which is specifically barred by Section 397(3) Cr.P.C. This petition amounts to a second revision petition in the garb of Section 482 Cr.P.C.
21.2 Although the power of this Court under Section 482 Cr.P.C. is very wide, it has to be used sparingly and cautiously to prevent the abuse of process of any Court or otherwise to secure the ends of justice. The petitioner has also not been able to make out any case of abuse of process of Court or otherwise to secure the ends of justice. This Court is, therefore, not inclined to exercise jurisdiction under Section 482 Cr.P.C.

Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr on 27 Nov 2013
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 311 - Power to summon material witness or examine person present CrPC 397(3) - Second Revision is Not Permissible CrPC 482 - Saving of inherent powers of High Court Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr Reportable Judgement or Order | Leave a comment

BNSS Sec 528 – Saving of inherent powers of High Court

Posted on June 27, 2024 by ShadesOfKnife

528. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 528 – Saving of inherent powers of High Court CrPC 482 - Saving of inherent powers of High Court | Leave a comment

Abhishek Gour Vs State of MP on 31 Aug 2023

Posted on March 20, 2024 by ShadesOfKnife

A full bench of the Apex Court passed this order,

From Para 8, (Police merely replicated the contents of the FIR and added nothing further on the strength of their investigation, observes Supreme Court of India, karma!)

8. Om Prakash, Bhawna’s father, also made a statement before the police on 08.09.2013 on the same lines. He said that her marriage was performed at Indore on 02.07.2007 and as per his status, he had given cash,gold, jewellery, clothes etc., totalling to ₹.5 lakhs, in dowry. He said that, whenever Bhawna came to meet them, she used to tell him and all the neighbours that her husband, Nimish, mother-in-law, Kusum Lata, and brothers-in-law, Abhishek and Sourabh, used to tell her that her father had given nothing in dowry and when she went to her parental home, she should bring .2 lakhs in cash, a car and gold jewellery. ₹ He stated that they had been harassing his daughter mentally and physically for dowry. He alleged that, on Karvachauth day, Bhawna’s mother-in-law had demanded 100 sarees but he had refused. Renubala, Bhawna’s mother, also made a statement on 08.09.2013 on identical lines. Two of their neighbours, Sushila Bai andMohan, also gave statements on the same day, supporting Bhawna’s version. According to them, whenever Bhawna came to meet her parents, she used to tell them that her in-laws were torturing her mentally and physically for dowry.On the other hand, Shailendra and Radhey Shyam, who lived in the neighbourhood where Nimish’s father had his residence, stated to the effect that there were no demands made of Bhawna or her family for dowry and that she was never harassed on that ground. In their final report dated20.09.2013, the police merely replicated the contents of the FIR and added nothing further on the strength of their investigation.

From Para 9, (Attempts to terrorize)

9. Certain other facts are also of pertinence and may be noted. Abhishek entered judicial service as a Civil Judge six or seven months after the marriage of Bhawna with Nimish. He was posted at Ujjain and, thereafter,at Neemuch in Madhya Pradesh. Kusum Lata used to reside with Abhishek. Saurabh, Bhawna’s other brother-in-law, is an architect and was working at Delhi since the year 2007. Nimish made written representations to the police authorities at Narsinghpur on 09.09.2012 and 17.11.2012 complaining of intimidation by and at the behest of Bhawna. Prior thereto, an anonymous complaint was made to the Chief Justice, Madhya Pradesh High Court, against Abhishek, making scandalous allegations to the effect that he was undeserving of judicial office. A complaint was also made to the Anti-Corruption Bureau, Mumbai, purportedly in the name of one Sanyogita Mishra. Again, the allegations therein were directed against Abhishek.

From Para 11,

11. This being the factual backdrop, we may note at the very outset that the contention that the appellants’ quash petition against the FIR was liable to be dismissed, in any event, as the chargesheet in relation thereto was submitted before the Court and taken on file, needs mention only to be rejected. It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition [See Joseph Salvaraj A. vs. State of Gujarat and others {(2011) 7 SCC 59}]. This principle was reiterated in Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another [(2019) 11 SCC 706]. This issue, therefore, needs no further elucidation on our part.

From Para 13,

13. Instances of a husband’s family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam and others vs. State of Bihar and others [(2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A IPC. Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A IPC and the increased tendency to implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in-laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law. It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the accused and such an exercise ought to be discouraged.

From Para 21, (unexplained delay)

21. Most damaging to Bhawna’s case is the fact that she did nothing whatsoever after leaving her matrimonial home in February, 2009, and filed a complaint in the year 2013 alleging dowry harassment, just before her husband instituted divorce proceedings.

Abhishek Gour Vs State of MP on 31 Aug 2023

Index of Quash judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abhishek Gour Vs State of MP Abuse Or Misuse of Process of Court Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash Even After filing of Charge sheet CrPC 482 - Saving of inherent powers of High Court Misuse of IPC 498A Misuse of Women-Centric Laws Reportable Judgement or Order | Leave a comment

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Posted on March 20, 2024 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Paras 11 and 12,

11. He further submits that cognizance of the charge-sheet filed by the police was taken by the learned Metropolitan Magistrate only against accused no.1, that is, Mr. Yogesh Gupta, and summons were issued to him alone vide order dated 22.12.2020. Later, by an order dated 06.07.2022, summons were issued also against other accused, including the petitioners herein. He submits that this is a procedure unknown to law.

12. He further submits that charges inter alia against the petitioners have been framed on 24.01.2023 in absence of the petitioners inasmuch as the petitioners, due to an inadvertent error, had noted the next date of hearing as 24.02.2023, which is also reflected on the official website of the Courts, and had not appeared on 24.01.2023.

From Paras 17 and 18,

17. In Kahkashan Kausar @ Sonam & Ors.,(Supra), the Supreme Court highlighted the concern over the misuse of Section 498A of the IPC and in the increasing tendency of the complainant to implicate the relatives of the husband in matrimonial disputes.

18. The Supreme Court also placed reliance on the precedents on this issue in Rajesh Sharma & Ors. v. State of U.P. & Anr., (2018) 10 SCC 472; Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC 273; Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667; Geeta Mehrotra & Anr v. State of Uttar Pradesh & Anr., (2012) 10 SCC 741, and K. Subba Rao v. State of Telangana, (2018) 14 SCC 452 and held that in the absence of any specific and distinct allegations being made against the family members of the husband and where there are only general and omnibus allegations, the FIR registered against such family members is liable to be quashed. It was further held that, in fact, in such cases if the family members are forced to go through the tribulations of trial, it would inflict severe scars upon them and such exercise must be discouraged.

From Para 22, (hehehehe)

21. As clever case of drafting, specific allegations have been made dating back to around 1994-95 against Mr.Vimal Aggarwal, the other maternal uncle of the husband of the respondent no.2 and his wife Ms.Anu Aggarwal. Specific allegations against the petitioners dating back to 18.07.2007 have been made. As noted hereinabove, the complaint has been filed almost 10 years thereafter.

From Para 23,

23. In Mahmood Ali and Others (Supra), the Supreme Court emphasised that the High Court owes a duty to look into the FIR with care and a little more closely. It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not and, in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, try to read in between the lines.

From Para 24,

24. Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members. If only on such averment, the family members are to face agony of the trial, it would defeat the ends of the justice. In my opinion, therefore, the Court must scrutinise the complaint/FIR to determine whether the allegations are a case of clever drafting or have at least some element of truth in the same. Though the Court is not expected to conduct a mini trial, the Court also cannot be a mere spectator and refuse to exercise the power that is vested in it under Section 482 of the Cr.P.C., where it finds that the continuation of such proceedings would defeat the ends of the justice and would amount to insurmountable harassment, agony and pain to the accused and be an abuse of the criminal process.

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Index of Quash judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court CrPC 482 - Saving of inherent powers of High Court Kahkashan Kausar @ Sonam Vs State of Bihar Legal Terrorism Misuse of IPC 498A Misuse of Women-Centric Laws Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr | Leave a comment

K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010

Posted on April 13, 2022 by ShadesOfKnife

A division bench of Apex Court held that there are, prima facie, specific allegations in the FIR to attract IPC 406 and 494.

From Paras 8 and 9,

8. We have given our thoughtful consideration to the submissions advanced and we are inclined to accept the submission of Mr. Guru Krishna Kumar, learned counsel for the appellant. From a perusal of the allegations made in the First Information Report, it is evident that the appellant has clearly alleged that her husband had married another lady namely Bharathi and the said marriage had taken place in the presence and with the support of other accused persons. She had also stated that from the second marriage with Bharathi a girl child was born. In the First Information Report, it had clearly been alleged that besides gold ornaments other household articles were given in marriage and further she was subjected to cruelty and driven out from the matrimonial home by the accused persons. In our opinion, the allegations made in the First Information Report, at this stage, have to be accepted as true, and allegations so made prima facie, constitute offences under Sections 406 and 494 of the Indian Penal Code. It has to be borne in mind that while considering the application for quashing of the charge sheet, the allegations made in the First Information Report and the materials collected during the course of the investigation are required to be considered. Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of trial. Essential ceremonies of the Marriage were gone into or not is a matter of trial.

9. From what we have said above, we are of the opinion that the High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code.

K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010

Citations : [2010 SCJ 3 654], [2010 AIR SC 3191], [2010 SCC 11 607], [2011 KLJ NOC 2 10], [2010 SCALE 3 261], [2010 DMC 1 560], [2010 SLT 2 604], [2010 CUTLT SUPPL 947], [2010 AIOL 153], [2010 CRIMES SC 2 90], [2010 RCR CRIMINAL SC 2 547], [2011 SCC CRI 1 219], [2010 SUPREME 2 543], [2010 ECRN 2 541], [2010 AIR SC 2760], [2010 AIC 88 58], [2010 MLJ CRL 3 352], [2010 CRLJ SC 2819], [2010 JT SC 3 156], [2010 AIR SCW 2760]

Other Sources :

https://indiankanoon.org/doc/1440610/

https://www.casemine.com/judgement/in/5609aeece4b01497114152ae

https://www.legalauthority.in/judgement/k-neelaveni-vs-state-rep-by-insp-of-police-9855

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=000102622000

https://advocatespedia.com/Case_Study:_K_Neelaveni_Vs_State_Rep_By_Inspector_of_Police_%26_Ors_Case

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 239 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court IPC 494 - Marrying again during life-time of husband or wife K Neelaveni Vs State Rep By Inspector of Police and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Posted on April 6, 2022 by ShadesOfKnife

Justice G.R. Swaminathan held that Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers (u/s 482 CrPC) to make such orders as to secure the ends of justice.

From Para 5,

5.The Union of India not wanting to take chances also filed Review Petition (Crl) No.228 of 2018. The same was disposed of vide judgment dated 01.10.2019 by a three Judges Bench. On a careful reading of the judgement dated 01.10.2019, one can note that the essence and soul of Dr.Subhash Kashinath Mahajan judgment has not only survived but remains intact.

From Para 11,

11.The outcome of the challenge can be one way or the other. Section 18 A of the Act can be upheld. Or it can be struck down. Even if its validity is upheld, the High Courts would still be entitled to grant anticipatory bail. The statute only excludes the applicability of Section 438 of Cr.PC. In the State of Uttar Pradesh, Section 438 of the Code has been deleted by the State amendment and the said deletion has been upheld in (1994) 3 SCC 569 (Kartar Singh vs. State of Punjab). But, that has not curtailed the extraordinary power of the High Court to entertain a plea of anticipatory bail and this power was held to be available in Hema Mishra vs. State of U.P. and Ors, (2014) 4 SCC 453).

From Para 12,

12. Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers to make such orders as to secure the ends of justice. I hope I am not indulging in quibbling or hair-splitting when I say that neither Section 18 nor Section 18 A engraft a bar against grant of anticipatory bail. They are to the effect that the provision of Section 438 of the Code shall not apply to a case under the Atrocities Act. Even if Section 438 of Cr.PC is not available, Section 482 of Cr.PC can very much be invoked. Hence, I hold that this Court is very much possessed of the power to grant anticipatory bail even in cases arising under the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitions can be filed under Article 226 of the Constitution of India or under Section 482 of Cr.PC.

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/186580740/

https://www.lawyerservices.in/Dr-S-Ariharan-and-Another-Versus-The-Inspector-of-Police-Thirumangalam-Madurai-District-Crime-No-of-2019-and-Another-2019-11-26

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 438 - Anticipatory Bail CrPC 438 - Anticipatory Bail Denied CrPC 438 - Anticipatory Bail in SC/ST Atrocities Act CrPC 438 - Anticipatory Bail Not Maintainable CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Dr.S.Ariharan and Anr Vs Inspector of Police and Anr Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat on 16 Sep 2016

Posted on July 24, 2021 by ShadesOfKnife

Single judge of Gujarat High Court directed the petitioner to go for Discharge at Trial Court and if unhappy with the outcome, the petitioners shall always take legal recourse which include application under section 482 of the Criminal Procedure Code.

From Para 2,

2. This Court notices that the investigation has culminated into filing of the chargesheet. The charges are not as yet framed. The petitioner has efficacious remedy available for moving an application for discharge. Let the same be resorted to. If unhappy with the outcome, the petitioners shall always take legal recourse which include application under section 482 of the Criminal Procedure Code. This Court has not expressed any opinion on the merits of this case. This disposal shall not come in the way of the petitioner in pursuing the case. Petition stands disposed of accordingly.

Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat on 16 Sep 2016

Citations :

Other Sources :

https://www.casemine.com/judgement/in/580ab2112713e175bec1bc26

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 239 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court Go For Discharge Instead Of Quash Rajeshwaridevi Vijaypalsingh Jadon Vs State of Gujarat | Leave a comment

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974

Posted on July 10, 2021 by ShadesOfKnife

A division bench consisting the legendary Justice P.N. Bhagvati, held that a subsequent petition under 482 CrPC is maintainable if the facts and circumstances are different from earlier application. Here Section 561-A is current Section 482 CrPC.

Section 561-A preserves the inherent power of the High Court to make such orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents 1 and 2 and consider whether on the facts and circumstances then obtaining the continuance of the proceeding against the respondents constituted an abuse of the process of the Court or its quashing was necessary to secure the ends of justice.

Indiankanoon version:

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors

Casemine version:

Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors (Casemine)

Citations : [1975 AIR SC 1002], [1975 PLR 77 147], [1975 SCC 3 706], [1974 CRLR 0 691], [1975 AIR SC 100], [1975 SCJ 11 478], [1976 MLJ CRL 1 1], [1975 SCC CRI 156], [1975 CRLJ SC 812]

Other Sources :

https://indiankanoon.org/doc/1993916/

https://www.casemine.com/judgement/in/5609aba3e4b014971140cf5f


Index of Quash judgments is 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 CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors | Leave a comment

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hphobiawatch Hindutva Knight @hphobiawatch ·
22 Jun

She is the co-sister-in-law of Asim Munir.

Her Tajik husband abused & discriminated her due to her 'inferior' pakistani ethnicity

Asim Munir can't even protect his family members and porkis think he gonna protect them😭

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mumbaichadon BhikuMhatre @mumbaichadon ·
22 Jun

Oh My My! RAJMATA Brutally Rebuked by Israeli Ambassador Reuven Azar. Doesn't even find it worth taking her name🔥

"I think politicians should be informed. 'The person' hasn't condemned Oct attacks the way they should be condemned. Ignoring 3 decades of Iranian aggression is…

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garudazhwar Garuda @garudazhwar ·
21 Jun

The ISKCON temple in Kurma Village, Srikakulam, Andhra Pradesh, was set ablaze by radicals.

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