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True Colors of a Vile Wife

Tag: CrPC 239 – Discharge Rejection is Set Aside

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

Faisal Ahmed Khan Vs State of Karnataka Mahila PS Bengaluru and Anr on 11 Oct 2019

Posted on January 27, 2022 by ShadesOfKnife

Another false case filer bites the dust…

10. Undisputed facts of the case are, petitioner was married with complainant in July 2008. Even after her marriage with the petitioner, complainant was defending the petition for restitution of conjugal rights filed by her previous husband Asif Farooqi. Within about three years after marriage, her relation with petitioner came to an end in August 2011 as per her own admission recorded by the learned Sessions Judge in paragraph No. 14 of his order in Criminal Appeal No. 256/2016. There is yet another judicial finding that complainant had contracted into third marriage with one Asrar Ahmed and given birth to a child. The order also discloses that complainant initiated proceedings under the Domestic Violence Act (DV Act for short) in April 2012. The learned Sessions Judge has also recorded that it was proved by Ex.R7 that complainant had married for third time and ultimately, dismissed the petition. The Criminal Appeal filed thereon has also been dismissed with costs.

11. Not being satisfied, complainant initiated proceedings under Section 125 Cr.P.C. in the year 2014. (C.Mis.No.526/2014) seeking maintenance for her and the child. The said petition has also been rejected so far as complainants claim was concerned.

12. Having thus suffered in the hands of complainant, petitioner also filed a private complaint in PCR No.1085/2016 alleging inter alia that complainant had suppressed her earlier marriage with Asif Ali Farooqi and when questioned about the same, she has filed the instant false complaint. Thereafter, she has married for the third time. With the said allegations, petitioner sought action against complainant and three others for commission of offences punishable under Sections 120A, 120B, 107, 108, 494, 496 read with Section 34 IPC. The learned Magistrate referred the case for investigation under Section 156(3) Cr.P.C. Accordingly, FIR No.149/2016 has been registered on 11th August 2016 in Narasimharaja Police Station, Mysuru City. Records further disclose that complainant and other accused unsuccessfully challenged the said FIR before this Court in Criminal Petition No.1182/2017.

13. Petitioners application under Section 239 Cr.P.C. seeking discharge has been dismissed by the learned trial Judge by recording that presence of accused as on the date of incident and whether marriage is void, cannot be considered at the stage of discharge.

14. A conspectus of facts narrated by the petitioner and the undisputed facts which can be gathered from the records lead to an irresistible inference that though complaint is filed alleging commission of offence under Section 498A IPC, it is, in fact the petitioner who has suffered an untold misery in the hands of the complainant.

15. It cannot be gainsaid that disclosure of a previous subsisting marriage causes immense mental pain and agony to a husband.

16. Complainant has, though unsuccessfully, driven the petitioner to various Courts unabatedly. It started with complainant initiating proceedings under the provisions of DV Act followed by proceedings under Section 125 Cr.P.C. Judicial findings have been recorded by the learned Trial Magistrates in both proceedings with regard to complainants conduct. Learned Magistrate adjudicating proceedings under DV Act has recorded that as per Ex.R7, complainants marriage with her third husband was proved. This finding has been affirmed by the learned Sessions Judge while dismissing the appeal.

17. Suffice to note that records unequivocally disclose that complainant was respondent in a matrimonial case for restitution of conjugal rights initiated by her first husband when she got married with the petitioner. She has admitted this fact in proceedings before the learned Magistrate in proceedings under Section 125 Cr.P.C.

18. This is a classic case in which a complainant by initiating criminal proceedings under Section 125 Cr.P.C and Section 498A IPC against the petitioner has abused the said provisions.

****

20. It is relevant to note that though the complaint contains the allegations recorded above, there is interpolation with regard to the date 03.08.2011, on which date she was allegedly confined in a room and attempt was made to kill her by pouring kerosene. Further, it is stated that Faizal made an attempt to hang her to a Ceiling fan. In the following sentence, it is stated that Faizal made her fall from a motor cycle and tried to kill her. The two allegations that Faizal attempted to hang the complainant and thereafter made her fall from the motor cycle contradict each other. If Faizal had really attempted to hang her, how did she escape from his clutches? No details are forthcoming in this behalf. However, even if it is assumed that the said allegation were true, it is not understandable why she sat on Faisals motor cycle.

22. Thus, the Complaint is full of unbelievable and self contradicting allegations. The first allegation of demand for Rs.3,00,000/- is said to have been made jointly by petitioner and his family members. The second allegation regarding demand of money to purchase a car is alleged jointly against petitioner and his sisters. Thus all allegations in the complaint are omnibus in nature and in the least, made jointly with other accused and there are no specific against the petitioner.

23. After investigation, admittedly police have not filed charge-sheet against accused No.2 to 6 namely Shahjahan Begum, Afzal Ahmed Khan, Parveez Ahamed, Anjum Nazeer and Siddique. Neither the prosecution nor the complainant have placed any other material which may suggest commission of any of the alleged criminal act/s by the petitioner. Therefore, it can be safely concluded that allegations against petitioner are designed to harass him.

Faisal Ahmed Khan Vs State of Karnataka Mahila PS Bengaluru and Anr on 11 Oct 2019

Citations: [2019 SCC ONLINE KAR 3113], [2020 ILR KAR 130], [2020 KCCR 1 236], [2020 AIC 205 770], [2020 AIR KANT R 1 306], [2020 KANT LJ 1 323]

Other Sources:

https://www.casemine.com/judgement/in/5ded72464a932629f01c7297

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Abuse Or Misuse of Process of Court CrPC 239 - Discharge Rejected CrPC 239 - Discharge Rejection is Set Aside CrPC 239 - When accused shall be discharged Faisal Ahmed Khan Vs State of Karnataka Mahila PS Bengaluru and Anr Legal Terrorism | Leave a comment

C Krishna Priya Vs State of AP on 14 September 2018

Posted on March 19, 2020 by ShadesOfKnife

Another judgment from Erstwhile High Court of AP which rapped on the knuckles of the JMFC who dismissed the Discharge petition filed u/s 239 CrPC, where there were no specific allegations on the petitioner.

6. The learned counsel appearing for the petitioner would contend that at the time of marriage of the complainant with the Accused No.1, the petitioner was 12 years old. No specific allegations are made against the petitioner, either in the charge sheet or in the statement of list of witnesses, except ominous allegations that the petitioner being sister of A.1, also demanded for additional dowry of Rs.3 lakhs. Therefore, the proceedings initiated against the petitioner cannot be maintained.

7. The learned public prosecutor appearing for the respondent state, fairly conceded that no specific allegations are made against the petitioner except a vague allegation that the petitioner also demanded for additional dowry.

8. Having heard both the counsel and from the perusal of the material on record, particularly, the charge sheet what all that is stated against the petitioner herein is that A-1 to A-4 demanded LW.1 to get additional dowry of Rs.3 lakhs for doing business and demanded LW1 to sign on diverse papers to enable the A.1 to marry another girl. In fact no specific dates, month or year have been mentioned. The said allegation is as vague as possible.

Now Start music…

9. In the recent times, various complaints are being lodged for the offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, in which, whether any allegation is made out or not, all the family members are being roped in as accused only for the purpose of harassing the innocent family members whereby forcing them to come to terms.

10. From the above, this Court is of the opinion that when no specific allegations are made against the petitioner who is the sister of A.1, the continuation of proceedings against her would amount to abuse of process of the Court, apart from putting the petitioner to undue hardship of facing the trial. As such, this court is inclined to interfere with the order passed by the Court below in declaring the discharge of the petitioner.

C Krishna Priya Vs State of AP on 14 September 2018

Citations: [

Other Source links:

https://indiankanoon.org/doc/79415399/

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 C Krishna Priya Vs State of AP CrPC 239 - Discharge Rejection is Set Aside Legal Terrorism Rajesh Sharma and ors. Vs State of UP and Anr Sandeep Pamarati | Leave a comment

B.S.Neelakanta and Anr Vs State of A.P. and Anr on 04 December 2013

Posted on March 7, 2020 by ShadesOfKnife

AP High Court has rightly held the various counts of errors committed by the Trial Court magistrate in dismissing a Discharge Petition filed u/s 239.

B.S.Neelakanta and Anr Vs State of A.P. and Anr on 04 December 2013

Citations: [2014(1) Law Summary (A.P.) 266], [2014(1) ALD (Crl) 611 (AP)], [2014(2) ALT (Crl) 237 (AP)]

Other Source links:


Index of Discharge Judgments u/s 239 are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged B.S.Neelakanta and Anr Vs State of A.P. and Anr CrPC 239 - Discharge CrPC 239 - Discharge Rejection is Set Aside CrPC 239 - Exercise of Judicial Mind CrPC 239 - When accused shall be discharged Sandeep Pamarati | Leave a comment

Santosh Kumar Vs State of Karnataka on 09 October, 2019

Posted on November 9, 2019 by ShadesOfKnife

This judgment from High Court of Karnataka says,

“it is incumbent on the Court to state reasons with reference to the material on record on which reliance is placed by the Court to formulate an opinion, to reject the application for discharge”.

Santosh Kumar Vs State of Karnataka on 09 October, 2019

Citations:

Indiankanoon.org link:


Earlier Judgment is available here.


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 High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 239 - Discharge Rejection is Set Aside CrPC 239 - Exercise of Judicial Mind Santosh Kumar Vs State of Karnataka Yogesh @ Sachin Jagdish Joshi Vs State of Maharashtra

Sukhamay Mondal Vs The State Of West Bengal on 6 August, 2018

Posted on November 26, 2018 by ShadesOfKnife

Hon’ble High Court of Calcutta has gladly set aside the Rejection of Discharge petition under 239 CrPC and discharged accused other than husband.

Sukhamay Mondal Vs The State Of West Bengal on 6 August, 2018

[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 High Court of Calcutta Judgment or Order or Notification | Tagged CrPC 239 - Discharge Rejection is Set Aside Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Is Not Relative Of Husband Sukhamay Mondal Vs The State Of West Bengal | Leave a comment

Binod Singh Vs The State Of Jharkhand on 20 April, 2016

Posted on September 26, 2018 by ShadesOfKnife

High Court of Jharkhand had set aside the CrPC 239 dismissal and remitted back the case to lower court to to pass a fresh order in accordance with law on the application filed by the petitioner.

Highlights

It has further been alleged that the previous husband of the informant had died in Kashmir and she had been paid an amount of Rs. 10,00,000/- which amount the petitioner wanted. It has also beenalleged that the informant had given Hero Honda motorcycle, Rs. 2.5 lacks in cash and money for construction of the boundary wall.

In addition to the weird instant complaint filed in 2006 as Kotwali (S.N.) P. S. Case No. 336 of 2006, which attracted IPC 498A, the knife had earlier on the same set of facts, another case was instituted by the informant in 2004 as Kotwali (S.N.) P. S. Case No. 209 of 2004.

It is the exact same PS two complaints were filed, on same set of facts and the first time it was registered as IPC 498A case, and the second time it attracted IPC 498A as well as IPC 494!! When the order taking cognizance dated 27.06.2007 was challenged by the petitioner, the Court is its infinite wisdom, has quashed only IPC 498A in the second case, as it justified the IPC 498A was already there in the first case!!!

Wah bhai wah!!!

Binod Singh Vs The State Of Jharkhand on 20 April, 2016
Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Binod Singh Vs The State Of Jharkhand CrPC 239 - Discharge Rejection is Set Aside IPC 494 - Not Made Out Two Criminal Cases Cannot Be Permitted on Same Set of Facts | Leave a comment

Rabindra Kumar Pramanik Vs the State on 24 June, 2016

Posted on September 26, 2018 by ShadesOfKnife

High Court of Calcutta held that,

On scrutiny of the statement of witnesses like Sekhar Kar, Ramesh Saha and Shankar Roy recorded under Section 161 of the Code of Criminal Procedure, I do not find that the opposite party no.2 was subjected to torture by the present petitioners. However, on close scrutiny of all the statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure and on consideration of the allegation made in the written complaint treated as FIR, I do not find any specific role attributed to the present petitioners in inflicting mental torture or physically assault on the opposite party no.2. The allegation made against the present petitioners are vague and general in nature.

Rabindra Kumar Pramanik Vs the State on 24 June, 2016
Posted in High Court of Calcutta 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 239 - Discharge Rejection is Set Aside CrPC 482 - Quash IPC 498a - Not Made Out Rabindra Kumar Pramanik Vs the State Witness Statements Not Corroborating The Allegations | Leave a comment

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