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True Colors of a Vile Wife

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

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 09 Nov 2020

Posted on November 9, 2020 by ShadesOfKnife

Division Bench of Bombay High Court, while denying interim protection from arrest to Arnab Goswami, held that,

From Para 45,

45. The principle stated therein will equally apply to the exercise of this Court’s power under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure while considering the applications for bail since the petitioner is already in Judicial custody. The legislature has provided specific remedy under Section 439 Cr.P.C. for applying for regular bail. Having regard to the alternate and efficacious remedy available to the petitioner under section 439 of the Code of Criminal Procedure, this Court has to exercise judicial restraint while entertaining application in the nature of seeking regular bail in a petition filed under Article 226 of the Constitution of India read with section 482 of Code of Criminal Procedure.

and from Para 70,

70. In our opinion, the petitioner has an alternate and efficacious remedy under section 439 of the Code of Criminal Procedure to apply for regular bail. At the time of concluding the hearing of Applications, we had made it clear that if the petitioner, if so advised, to apply for regular bail under section 439 of the Code of Criminal Procedure before the concerned Court, then, in that case, we have directed the concerned Court to decide the said
application within four days from filing of the same.

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 09 Nov 2020

Here is the Bail application

Arnab Bail Application
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnab Manoranjan Goswami Vs State of Maharashtra and Ors Article 226 of The Constitution of India Catena of Landmark Judgments CrPC 173 - Report of Police Officer on Completion of Investigation CrPC 439 - Special powers of High Court or Court of Session regarding bail CrPC 482 - Saving of inherent powers of High Court Landmark Case Legal Procedure Explained Police Closure Reports | Leave a comment

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Posted on May 18, 2020 by ShadesOfKnife

Taking cue from Geeta Mehrotra judgment here, Punjab High Court has quashed proceedings on relatives living far away in Canada taking a ground that no specific allegation are in the complaint.

Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020

Citations: [2]

Other Source links: https://indiankanoon.org/doc/12422589/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 498a Not Made Out On Parents or Relatives IPC 498A Quashed Legal Terrorism Order Quashed | Leave a comment

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Posted on October 20, 2019 by ShadesOfKnife

Apex Court held that, a High Court can quash even an interlocutory order under section 482 CrPC.

From Para 11,

11. Coming to the final issue, Section 397(2) of the Cr.P.C. provides that the High Court’s powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Whereas Section 482 of the Cr.P.C provides that nothing in the Cr.P.C will limit the High Court’s inherent powers to prevent abuse of process or to secure the ends of justice. Hence the High Court may exercise its inherent powers under Section 482 to set aside an interlocutory order, notwithstanding the bar under Section 397(2). However it is settled law that this can only be done in exceptional cases. This is, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction (See Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551).

Hooghly Mills Company Ltd Vs State of West Bengal on 17 October, 2019

Citations:

Indiankanoon.org link:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Interlocutory Order can be Quashed CrPC 482 - Saving of inherent powers of High Court Hooghly Mills Company Ltd Vs State of West Bengal Legal Procedure Explained Reportable Judgement

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

Posted on October 18, 2018 by ShadesOfKnife

The legal contention to be decided authoritatively in this case in front of Apex Court is that “it should not be understood to have meant that Judges can quash any kind of criminal case merely because there has been a compromise between the parties. After all, a crime is an offence against society, and not merely against a private individual”.

This was referred from a 2-judge bench of Apex Court to decide the issue authoritatively and dissolve the ambiguity, if any.

Some or all of the following tests may be relevant to decide whether to quash or not to quash the criminal proceedings in a given case;

(a) the nature and gravity of case;

(b) does the dispute reflect overwhelming and predominantly civil flavour;

(c) would the quashing involve settlement of entire or almost the entire dispute;

(d) the compromise/settlement between parties and/or other facts and the circumstances render possibility of conviction remote and bleak;

(e) not to quash would cause extreme injustice and would not serve ends of justice and

(f) not to quash would result in abuse of process of court.

Gian Singh Vs State Of Punjab & Anr on 24 September, 2012

The key judgment cited in this judgment is here.


[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 320 - Compounding of offences CrPC 482 - Saving of inherent powers of High Court Gian Singh Vs State Of Punjab and Anr IPC 498A Quashed Due To Compromise Landmark Case Legal Procedure Explained Reportable Judgement Sandeep Pamarati Section 482 CrPC And Article 226 Of Constitution Of India Overrides Section 320 CrPC | Leave a comment

Myla Sunitha Priyadarshini Vs SHO Nandyal III Town P.S. & State of A.P. on 13 April, 2015

Posted on September 2, 2018 by ShadesOfKnife

Based on judgment of AP High Court here, this judgment has quashed the entire proceedings under CrPC 482, on the A3 (sister of husband) as there are omnibus allegations on the accused A3.

Myla Sunitha Priyadarshini Vs SHO Nandyal III Town P.S. & State of A.P. on 13 April, 2015

Citations: [2015 ALT CRI 3 478]

Other Source links:

https://www.casemine.com/judgement/in/56e0f026607dba38965f2b4b

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court IPC 498A Quashed Myla Sunitha Priyadarshini Vs SHO Nandyal III Town P.S. and State of A.P. | Leave a comment

Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017

Posted on August 31, 2018 by ShadesOfKnife

This is classic case of not application of mind all all levels of a criminal case proceedings, until the Hon’ble Supreme Court stepped in and ruled that the allegations in this case do not attract ingredients of IPC 498A or IPC 406 and thereby quashed the entire proceedings for good.

Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017

The AP High Court order is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court IPC 406 Not Made Out IPC 498a Not Made Out Quash Dismissal is Set Aside Varala Bharath Kumar Vs The State Of Telangana | Leave a comment

Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018

Posted on August 31, 2018 by ShadesOfKnife

A detailed judgment from Hon’ble High Court of Himachal Pradesh, categorically held that police at Nalagarh had no jurisdiction, as has/had been held hereinabove, proceedings if any pending before Courts at Nalagarh cannot be allowed to sustain and thereby the FIR dated 7.10.2014 as well as consequent proceedings are quashed and set aside

And the knife is at liberty to initiate action, if any, against the petitioners, on account of allegations contained in impugned FIR but at Jallandhar(Pb), either by lodging fresh FIR or by pursuing complaint filed by her at Women Cell Jallandhar.

Yadwinder Singh & Others Vs State Of H.P. & Others on 10 August, 2018
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court No Territorial Jurisdiction Sandeep Pamarati Yadwinder Singh and Others vs State Of H.P. and Others | Leave a comment

Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble High Court of Gujarat in this wonderful judgment, held that

it could not be said that the petitioner who is alleged to have been having an extramarital affair with the husband of the first informant since 2011, would fall within the ambit of “Relative”. Let me assume for the moment that the husband of the first informant has got married with the petitioner in February, 2014. Primafacie, the marriage is invalid. The first marriage is still in subsistence. In such circumstances, the offence under Section 498A could not be said to have been committed.

And, also IPC 494 not applicable on woman,

Section 494 cannot be made applicable against the petitioner because Section 494 is an offence committed by the husband. If a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The husband is sought to be prosecuted for the offence under Section 494 of the IPC. The same cannot be made applicable so far as the petitioner before me is concerned.

Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014
Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Babita Sumanprakash Soni Vs State Of Gujarat CrPC 482 - Saving of inherent powers of High Court CrPC 482 – Criminal Proceeding Quashed IPC 494 Not Made Out On Woman IPC 498a Not Made Out Is Not Relative Of Husband | Leave a comment

Shreyas Sharma Vs State Of Karnataka on 22 September, 2014

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble Karnataka High Court in this order has held that

In this particular case, admittedly the police have not seized the Passport during the course of investigation. But at the time of granting bail the court has secured the Passport and kept it in the safe custody of the court and it amounts to retention of the said document and virtually amounts to impounding of the said document, which is prohibited under the above said provision of law and also in view of the decision of the Apex Court.

Shreyas Sharma Vs State Of Karnataka on 22 September, 2014
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Granted CrPC 482 - Saving of inherent powers of High Court No Passport Surrender Condition Shreyas Sharma Vs State Of Karnataka | Leave a comment

Nandkishor Pralhad Vyawahare Vs Mangal on 3 May, 2018

Posted on July 19, 2018 by ShadesOfKnife

Two questions of interpretation of law in regards to the DV Act are explained in this landmark Judgment of Hon’ble High Court of Bombay.

 

Q1. Whether or not the proceedings under the Protection of Women from Domestic Violence Act, 2008 are in the nature of criminal proceedings ?

Proceedings under the Protection of Women from Domestic Violence Act, 2005 are predominantly of civil nature and it is only when there is a breach of the protection order as is contemplated under Section 31 and failure or refusal to discharge duty without any sufficient cause by the protection officer as contemplated under Section 33, the proceedings assume the character of criminality. The first question is answered accordingly.

 

Q2. Whether or not the High Court can exercise its power under Section 482 of the Code of Criminal Procedure, 1973 in respect of the proceedings under the Protection of Women from Domestic Violence Act, 2005 ?

the second question is answered in the affirmative.

 

Now, one incidental question would arise as to from what stage the provisions of the Cr.P.C. would become applicable and in our view, the answer could be found out from the provisions of Sections 12 and 13 of the D.V. Act.

A combined reading of these provisions shows that the commencement of the proceedings would take place the moment, the Magistrate applies his mind to the contents of the application and passes any judicial order including that of issuance of notice. Once, the proceeding commences, the procedure under Section 28 of the D.V. Act, subject to the exceptions provided in the Act and the rules framed thereunder, would apply. In other words, save as otherwise provided in the D.V. Act and the rules framed thereunder and subject to the provisions of sub-section (2) of Section 28, the provisions of the Cr.P.C. shall govern the proceedings under Sections 12 to 23 and also those relating to an offence under Section 31 of the D.V. Act on their commencement.

 

Nandkishor Pralhad Vyawahare Vs Mangal on 3 May, 2018
Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 482 - Saving of inherent powers of High Court Legal Procedure Explained Nandkishor Pralhad Vyawahare Vs Mangal PWDV Act - DV Case Quashed | Leave a comment

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