Rakesh and Anr Vs State of UP and Anr on 13 Aug 2014

A division bench of Apex Court held as follows

From Para 2, Issue was fixed.

2. Whether a Magistrate after accepting a negative final report submitted by the Police can take action on the basis of the protest petition filed by the complainant/first informant? The above question having been answered in the affirmative by the Allahabad High Court, this appeal has been filed by the accused.

From Para 7, issue was answered.

7. If we are to go back to trace the genesis of the views expressed by this Court in Gopal Vijay Verma (supra), notice must be had of the decision of this Court in H.S. Bains vs. State (Union Territory of Chandigarh) 3 wherein it was held that after receipt of the police report under Section 173, the Magistrate has three options –
“(1) he may decide that there is no sufficient ground for proceeding further and drop action;
(2) he may take cognizance of the offence under Section 190 (1)(b) on the basis of the police report and issue process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report;
(3) he may take cognizance of the offence under Section 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200. If he adopts the third alternative, he may hold or direct an inquiry under Section 202 if he thinks fit. Thereafter he may dismiss the complaint or issue process, as the case may be.”
8. The second and third options available to the Magistrate as laid down in H.S. Bains (supra) has been referred to and relied upon in subsequent decisions of this Court to approve the action of the Magistrate in accepting the final report and at the same time in proceeding to treat either the police report or the initial complaint as the basis for further action/enquiry in the matter of the allegations levelled therein.

Rakesh and Anr Vs State of UP and Anr on 13 Aug 2014

Citations : [2014 RCR CRIMINAL SC 4 52], [2014 MPWN SC 3 73], [2014 AIR SC 3509], [2014 SCALE 9 347], [2014 AIOL 490], [2014 CRIMES SC 4 183], [2014 CRLJ SC 4195], [2014 JLJR SC 4 16], [2014 BOMCR CRI SC 4 643], [2014 SUPREME 7 286], [2014 SLT 7 183], [2014 SCC 13 133], [2014 SCC CRI 5 611], [2014 SCC ONLINE SC 619], [2014 AIC 142 75], [2014 ACR SC 3 3091], [2014 UC 3 1651], [2014 ALLCC 87 299], [2014 SCJ 9 159], [2014 ALT CRL AP 3 531], [2014 ALLMR CRI SC 3782], [2014 AJR 4 387], [2015 LW CRL 1 229], [2014 CCR SC 3 577], [2014 PLJR 4 176], [2014 MLJ CRL SC 4 113], [2014 ALL LJ 6 82]

Other Sources :

https://indiankanoon.org/doc/118305084/

https://www.casemine.com/judgement/in/5609af4be4b0149711416134

Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999

Posted on August 15 by ShadesOfKnife

A division bench of Supreme Court held that,

The short question that arises for consideration is whether the learned Single Judge of the Patna High Court correctly interpreted sub-section (3) of Section 125 of CrPC by directing that the Magistrate can only sentence for a period of one month or until payment, if sooner made. The learned counsel for the appellants contends that the liability of the husband arising out of an order passed under Section 125 to make payment of maintenance is a continuing one and on account of non-payment there has been a breach of the order and therefore the Magistrate would be entitled to impose sentence on such a person continuing him in custody until payment is made. We are unable to accept this contention of the learned
counsel for the appellants. The language of sub-section (3) of Section 125 is quite clear and it circumscribes the power of the Magistrate to impose imprisonment for a term which may extend to one month or until the payment, if sooner made. This power of the Magistrate cannot be enlarged and therefore the only remedy would be after expiry of one month. For breach or non-compliance with the order of the Magistrate the wife can approach the Magistrate again for similar relief. By no stretch of imagination can the Magistrate be permitted to impose sentence for more than one month. In that view of the matter the High Court was fully justified in passing the impugned order and we see no infirmity in the said order to be interfered with by this Court. The appeal accordingly fails and is dismissed.

Indiankanoon Version:

Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999 (IK Ver)

Casemine Version:

Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999 (CM Ver)

Citations : [1999 MHLJ SC 3 290], [1999 SCC CRI 1029], [1999 SUPREME 9 396], [1999 MPLJ SC 2 448], [1999 AIR SC 4880], [1999 SCC 5 672], [1999 BOMCR SC SUPP 1 978], [2000 ALD CRI 1 305], [1999 CRILJ 5060], [2000 DMC SC 1 313], [2000 KLT SC 1 696], [2000 MPHT 2 1], [1999 OLR SC 2 333], [1999 JT SC 10 260], [1999 AIR SCW 4880]

Other Sources :

https://indiankanoon.org/doc/517650/

https://www.casemine.com/judgement/in/5609ad57e4b01497114111fb

Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989

Posted on August 9 by ShadesOfKnife

Single Judge bench of AP HC held as follows:

From Para 6,

6. The points for determination in these proceedings are
(1) whether the order of maintenance passed in M.C. No. 18/84 stood cancelled ?
(2) Whether under Section 125(3), Cr.P.C. the wife can seek imprisonment of the husband for non-payment of maintenance accumulated beyond a period of 12 months ?
(3) Whether the payment of Rs. 3,250/- paid as per the directions of this court can be appropriated to the maintenance due for the first 25 months as claimed by the wife ?

From Para 11, Point (2) was answered.

11. Considering the different views expressed by the various High Courts I prefer to follow the Division Bench decision of the Calcutta High Court reported in Moddari Bin v. Sukdeo Bin, (1967 Cri LJ 335). The other decisions are judgments or single Judges. In my humble opinion the contraction put forward by the Division Bench of the Calcutta High Court is harmonesus construction and interpretation of the proviso making the proviso applicable to both the limbs of procedure contemplated under sub-section 3 of Section 125, Cr.P.C. I hold on point No. 2 that the wife the maintenance-holder cannot accumulate the maintenance for a period beyond 12 months. No application for execution of the maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application. I hold this point in favour of the petitioner. In this context I make it clear that they remedy provided under S. 125(3), Cr.P.C. is a speedy and expeditious remedy. By virtue of the order of maintains granted in M.C. 18/84 the right vested in the wife to receive maintenance from the date of the application i.e. 7-12-83. She may not be able to recover the earlier arrears by resorting to an application under Section 126(3), Cr.P.C., but still she would certainly be entitled to claim those arrear by filing a civil suit on the basis that the amount is die to her by virtue of the court order. But at the same time it should be remembered that under civil laws also her claim should be within the period of limitation. For instance, for the maintenance payable for the period 7-12-83 to 7-1-84 she should file a suit on or before 7-1-87. At the most she can recover arrears of maintenance for 3 years by resorting to a civil suit. Unfortunately in this case the right to file a civil suit for the earlier arrears is also barred by time.

Indiankanoon Version:

Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989 (IK Ver)

Casemine Version:

Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989 (CM Ver)

Citations : [1990 CRILJ 2506], [1989 ALT 2 295], [1989 SCC ONLINE AP 66], [1989 AP LJ 2 41], [1989 ALT NRC 2 8]

Other Sources :

https://indiankanoon.org/doc/471311/

https://www.casemine.com/judgement/in/5608f701e4b014971113ef2e

Shantha @ Ushadevi and Anr Vs B.G.Shivananjappa on 6 May 2005

Posted on August 9 by ShadesOfKnife

Division bench of Apex Court held as follows:

It is true that the amount of maintenance became due by virtue of the Magistrate’s order passed on 20th January, 1993 and in order to seek recovery of the amount due by issuance of warrant, application shall be made within a period of one year from the date the amount became due. In the present case, the application, namely, Crl. Misc. Petition No. 47 of 1993 was filed well within one year. As no amount was paid even after the disposal of the matter by the High Court, the appellant filed IA No. 1 in Crl. Misc. Petition No. 47 of 1993 wherein the arrears due up to that date were calculated and sought recovery of that amount under Section 125(3). Thus, IA No. 1 was filed even when Crl. Misc. Petition No. 47 of 1993 was pending and no action to issue warrant was taken in that proceeding. Crl. Misc. Petition No. 47 of 1993 which was filed within one year from the date the amount became due was kept alive and it was pending throughout. The purpose of filing IA on 16-6-1998 was only to mention the amount due up to date. The fact that the additional amount was specified in the IA does not mean that the application for execution of the order by issuing a warrant under Section 125(3) was a fresh application made for the first time. As already noticed, the main petition filed in the year 1993 was pending and kept alive and the filing of subsequent IA in 1998 was only to specify the exact amount which accrued due up to that date. Such application is only supplementary or incidental to the petition already filed in 1993 admittedly within the period of limitation. The fact that only a sum of Rs 5365 representing the arrears of eight months was mentioned therein does not curtail the scope of criminal miscellaneous petition filed in 1993 more so when no action was taken thereon and it remained pending.

8. We are, therefore, of the view that in the peculiar circumstances of the case, the bar under Section 125(3) cannot be applied and the High Court has erred in reversing the order of the Sessions Judge. It must be borne in mind that Section 125 CrPC is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. It is unreasonable to insist on filing successive applications when the liability to pay the maintenance as per the order passed under Section 125(1) is a continuing liability.

Note: The last line of para 8 (underlined) is against the law laid down by the Apex Court in Shahada Khatoon and Ors Vs Amjad Ali and Ors.

Shantha @ Ushadevi and Anr Vs B.G.Shivananjappa on 6 May 2005

Citations : [2005 SCC 4 468], [2005 SCC CRI 1089], [2005 AIR SC 2410], [2005 CRI LJ 2615], [2005 KANTLJ 4 208], [2005 CRIMES SC 2 225], [2005 AIR SC 0 2613], [2005 RCR CRI 2 796], [2005 AIOL 264], [2005 BOMCR CRI SC 2 548], [2005 CRLJ SC 2615], [2005 JT 5 347], [2005 SCALE 4 742], [2005 SCC 4 463], [2005 SCC CRI 1098], [2005 SCR 153], [2005 SUPREME 4 93], [2005 SCC CR 1098], [2005 SCJ 4 553], [2005 AD SC 5 319], [2005 BCR 2 548], [2005 MLJ CRI 1 665], [2005 SRJ 6 238], [2005 ALT CRI 2 282], [2005 CRLR 356], [2005 CALLJ 2 233], [2005 ALD CRI 1 370], [2005 CALCRILR 2 1], [2005 CCC 2 430], [2005 ALL MR CRI 179], [12005 DMC 2 1], [2005 JCRIC 2 753], [2005 SLT 4 292], [2005 CCR 2 231], [2005 MLJ CRL 1 665], [2005 AIR SCW 0 2613], [2005 AIR SCW 2613], [2005 CRIMES 2 225], [2005 CRLJ 2615], [2005 BCR CRI 2 548]

Other Sources :

https://indiankanoon.org/doc/1928800/

https://www.casemine.com/judgement/in/5609ae1ce4b0149711412fec

Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari on 2 May, 1969

Posted on August 2 by ShadesOfKnife

The division bench of Apex Court held as follows regarding how to prove non-consummation of marriage under Hindu Marriage Act 1955.

A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the proceedings. In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, the respondent, was impotent at the time of the marriage and continued to be so until the institution of the proceedings.

Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari on 2 May, 1969

Citations : [1970 AIR SC 137], [1969 SCC 2 279], [1970 SCR 1 559], [1970 AIR SC 1373]

Other Sources :

https://indiankanoon.org/doc/1514023/

https://www.casemine.com/judgement/in/5609ab60e4b014971140c4a5

The UK case law is here.

The Index is here.

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003

Posted on August 1 by ShadesOfKnife

A Full Bench gave this decision upon a reference from a Division bench of AP High Court on the question as to whether the law laid down by a Division Bench of this Court in Ayyala Rambabu v. State of Andhra Pradesh, 1993 (1) Andh LT (Cri) 73 and by a learned single Judge of this Court in Nunna Venkateswarlu v. State of A. P., 1996 Cri LJ 108 is good law.

The answer was a NO.

From Paras 17-19,

17. The definition of “dowry”, the object of the Act and the above decisions of the Apex Court clearly show that any property or valuable security given or agreed to be given comes within the purview of “dowry” on three occasions in which any property or valuable security comes within its purview. They are — (i) before the marriage, (ii) at the time of marriage, and (iii) “at any time” after the marriage. The third occasion may appear to be an unending period, but the crucial words are “in connection with the marriage of the parties”. This means, giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties.

18. The Legislature in its wisdom while providing for the definition of “dowry” has emphasized that any money, property or valuable security given as consideration for marriage “before, at or any time after” the marriage would be covered by the expression “dowry”, and this definition as contained in Section 2 of the Act has to be read whenever the expression “dowry” occurs in the Act, The meaning of expression “dowry” as commonly used and understood is different from the peculiar definition thereof under the Act.

19. Under Section 3 of the Act, if a person gives or takes are abets the giving or taking dowry shall be punished. Under Section 4 of the Act mere demand of dowry is sufficient to bring home the offence to an accused. Thus, any demand of money, property or valuable security, made from the bride or her parents or other relatives, or the bridegroom or his parents or other relatives, or vice versa, would fall within the mischief of “dowry” under the Act, where such demand is not properly referable to legally recognized claim and relatable only to the consideration of the marriage.

Indiankanoon version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (IK Ver)

Casemine version:

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003 (CM Ver)

Citations : [2004 EASTCRIC 3 48], [2004 ALT 2 504], [2004 ALD CRI 1 519], [2003 SCC ONLINE AP 830], [2003 SUPP ACC 875], [2004 CRI LJ 1629], [2004 HLR 2 144]

Other Sources :

https://indiankanoon.org/doc/1945624/

https://www.casemine.com/judgement/in/5608f835e4b0149711141c0f

Virsa Singh Vs State of Punjab on 11 Mar 1958

Posted on July 21 by ShadesOfKnife

A Full bench of Apex Court held in a murder case as follow…

To put it shortly, the prosecution must prove the following before it can bring a case under s. 300 Indian Penal Code third clause.
(1) It must establish, quite objectively, that a bodily injury is present.
(2) The nature of the injury must be proved; these are purely objective investigations.
(3) It must be proved that there was an intention to inflict that particular injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended.
(4) It must be proved that the injury of the type just described made up of the three elements set out above was sufficient to cause death in the ordinary course of nature.

This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender. Once these four elements are established by the prosecution (and, of course, the burden is on the prosecution throughout) the offence is murder under s. 300, 3rdly. It does not matter that there was no intention to cause death. It does not matter that there was Do intention even to cause an injury of a kind that is sufficient to cause death in the ordinary course of nature (not that there is any real distinction between the two). It does not even matter that there is no knowledge that an act of that kind will be likely to cause death. Once the intention to cause the bodily injury actually found to be present is proved, the rest of the enquiry is purely objective and the only question is whether, as a matter of purely objective inference, the injury is sufficient in the ordinary course of nature to cause death. No one has a licence to run around inflicting injuries that are sufficient to cause death in the ordinary course of nature and claim that they are not guilty of murder. If they inflict injuries of that kind, they must face the consequences; and they can only
escape if it can be shown, or reasonably deduced that the injury was accidental or otherwise unintentional.

Virsa Singh Vs State of Punjab on 11 Mar 1958

Citations : [1958 AWR 28 572], [1958 MYSLJ SC 36 723], [1958 SCR 1 1495], [1958 SCR 0 1495], [1958 SCJ 0 772], [1958 AIR SC 458], [1958 AIR SC 463], [1958 SCR 0 1945], [1958 AIR SC 365], [1958 SCR 0 1450], [1958 CRLJ SC 818], [1958 AIR SC 465]

Other Sources :

https://indiankanoon.org/doc/1296255/

https://www.casemine.com/judgement/in/5609aafee4b014971140b6ea

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Posted on July 19 by ShadesOfKnife

A wonderful decision by Supreme Court of India around High Court’s inherent power under section 482 CrPC against the Revisional Powers u/s 401 CrPC.

From Para 8,

8. Indisputably issuance of summons is not an interlocutory order within the meaning of Section 397 of the Code. This Court in a large number of decisions beginning from R .P. Kapur v. State of Punjab, AIR 1960 SC 866 to Som Mittal v. Govt. of Karnataka , [ (2008) 3 SCC 574 ] has laid down the criterion for entertaining an application under Section 482. Only because a revision petition is maintainable, the same by itself, in our considered opinion, would not constitute a bar for entertaining an application under Section 482 of the Code.
Even where a revision application is barred, as for example the remedy by way of Section 115 of the Code of Civil Procedure, 1908 this Court has held that the remedies under Articles 226/227 of the Constitution of India would be available. (See Surya Dev Rai v. Ram Chander Rai and others, [ (2003) 6 SCC 675 ] ).
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.

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Citations : [2009 SCC 2 370], [2009 CRLJ SC 974], [2008 SCALE 16 240], [2009 SCC CRI 1 806], [2009 BOMCR CRI SC 1 802], [2008 AIOL 1468], [2008 SCR 17 844], [2009 AIR SC 1032], [2009 AIC SC 75 265], [2009 ECRN SC 2 284]

Other Sources :

https://indiankanoon.org/doc/1891955/

https://www.casemine.com/judgement/in/5609ae9ee4b0149711414586

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Posted on July 15 by ShadesOfKnife

A division bench of Apex Court held the purpose for which the Statement of Objects and Reasons of a Bill may be replied upon.
From Para 12,

12. It is now well settled that though the Statement of Objects and Reasons accompanying a legislative Bill cannot be used to determine the true meaning and effect of the substantive provisions of a statute, it is permissible to refer to the Statement of Objects and Reasons accompanying a Bill for the purpose of understanding the background, the antecedent state of affairs, the surrounding circumstances in relation to the statute, and the evil which the statute sought to remedy.

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

Citations : [1985 AIR SC 4], [1985 SCR 1 1025], [1984 SCALE 2 650], [1985 SCC 1 1], [1985 UJ 17 422], [1985 UJ SC 422]

Other Sources :

https://indiankanoon.org/doc/1258047/

https://www.casemine.com/judgement/in/5609ac15e4b014971140dfc3

P.K. Shaji Vs State of Kerala on 27 Oct 2005

Posted on July 15 by ShadesOfKnife

A division bench of the Apex Court held that a superior court always has power to give directions to lower court to pass appropriate orders. In this case, to check if the bail conditions are violated and cancel the bail.

The order of the Sessions Court shows that the learned Magistrate has been empowered to consider the question of violation of any of the conditions imposed by the Sessions Court and was given powers to pass appropriate orders. The plea raised by the appellant’s learned Counsel is that when the learned Magistrate had no such power, the Sessions Court was not empowered to invest that power in the Magistrate. We do not find any force in this contention. The superior court can always give directions of this nature and authorise the subordinate court to pass appropriate orders and the trial Magistrate would be the competent authority to decide whether any condition had been violated by the person who had been released on bail. When there is a specific direction to pass appropriate orders as if the conditions for granting bail had been imposed by the learned Magistrate himself, the impugned Order is legal and valid.

P.K. Shaji Vs State of Kerala on 27 Oct 2005

Citations : [2005 JT 9 481], [2006 AIR SC 100], [2005 SCC 13 283], [2005 SCALE 8 724], [2005 CRLJ SC 5063], [2005 SCR SUPP 4 840], [2005 CRIMES SC 4 184], [2005 SUPREME 7 2652005 AIOL 534], [2005 AIR SC 5560], [2006 SCC CRI 2 174], [2005 KERLT 4 856], [2005 CRILJ 5063], [2005 ALD CRI 2 517], [2005 JT SC 7 282], [2005 SCC 12 461], [2005 UJ 2 1136], [2006 SCC CRI 174], [2005 CRI LJ 5063], [2005 KLT 4 856], [2005 AIR SCW 5560]

Other Sources :

https://indiankanoon.org/doc/440533/

https://www.casemine.com/judgement/in/5609ae1ee4b0149711413041

Shades of Knife

True Colors of a Vile Wife

Tag: Landmark Case

Rakesh and Anr Vs State of UP and Anr on 13 Aug 2014

Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999

Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989

Shantha @ Ushadevi and Anr Vs B.G.Shivananjappa on 6 May 2005

Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari on 2 May, 1969

Public Prosecutor, High Court of A.P, Hyd Vs Nese Jilakara Sreeramulu on 29 Aug 2003

Virsa Singh Vs State of Punjab on 11 Mar 1958

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Narain Khamman Vs Parduman Kumar Jain on 19 Oct 1984

P.K. Shaji Vs State of Kerala on 27 Oct 2005