Landmark judgment of Apex Court giving guidelines or principles to adhere to while condoning delay in appeals.
Tag: Landmark Case
Swapnil Tripathi Vs Supreme Court of India on 26 September, 2018
This is the landmark judgment from Apex Court, for live streaming of the court proceedings of the Supreme Court in a phased manner and the Supreme Court Rules, 2013 will have to be suitably amended to provide for the regulatory framework.
Youth Bar Association of India Vs UOI on 7 Sep 2016
This is the landmark judgment from Hon’ble Supreme Court wherein directions were issued to Home Secretaries and DGPs of all States.
The complete directions are given below
(a) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.
(b) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours.
(c) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
(d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.
(e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate.
(f) The word ‘sensitive’ apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
(g) If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C.
(h) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
(i) The competent authority referred to hereinabove shall constitute the committee, as directed herein-above, within eight weeks from today.
(j) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorized representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned Court not beyond three days of the submission of the application.
(k) The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016.
Citations: [2016 SCC ONLINE SC 914], [2017 ELT SC 345 434], [2016 SCC 9 473], [2016 SCC CRI 3 691], [2016 AIR SC 4136], [2016 CTC 5 571], [2016 KLT 3 1035]
Other Sources:
https://indiankanoon.org/doc/151036912/
https://www.casemine.com/judgement/in/58117e6a2713e17947889bcf
https://www.scconline.com/blog/post/2016/09/08/firs-to-be-uploaded-on-the-police-website-or-official-website-of-the-government-concerned-from-15th-november-2016/
Here is the Petition copy.
Subramanian Swamy Vs Union of India on 13 May 2016
In this landmark judgment from Hon’ble Supreme Court, it has uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.
Citations: [2016 SCC 7 221], [2016 SCC ONLINE SC 550], [2016 AIR SC 2728]
Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/581180e72713e179479dd9f3
The Index for Defamation Judgments is here.
Mary Angel & Ors Vs State Of Tamil Nadu on 13 May, 1999
In this landmark judgment related to awarding of costs by High Courts and below courts under CrPC 482, the Hon’ble Supreme Court held that,
Section 148(3) provides that when any costs have been incurred by any party to a proceeding under Section 145, Section 146 or Section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.
Section 342 provides that any Court dealing with an application made to it for filing a complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just.
Section 357 provides for payment of compensation to the victim for any loss or injury caused by the offence or in case of death to the heirs of the victims out of the fine imposed and while awarding compensation court has to take into consideration, inter alia, the expenses properly incurred in the prosecution.
Section 358 provides for payment of compensation where any person causes a police officer to arrest another person, without sufficient ground for causing such arrest, then compensation can be awarded by the Magistrate not exceeding Rs. 100/-.
Further, Section 359 empowers the Court to order payment of cost to the complainant in non cognizable case, if it convicts the accused and in such case, the Court can pass an order for payment of costs incurred by the complainant in the prosecution of the case and such costs may include any expenses incurred in respect of process fees, witnesses and pleaders fees which the Court considers reasonable.
And then,
In appropriate cases, where it is necessary to pass such order, Court may award costs for the purposes, namely,
(i) to give effect to any order passed under the Court
(ii) to prevent abuse of the process of any Court and
(iii) to secure the ends of justice as there is no
(i) negative provision for exercise of such power and (ii) inconsistency with the other provisions.Further, awarding of costs, as stated above, can be for two purposes, one for meeting the litigation expenses and, secondly, for preventing the abuse of the process of Court or to do justice in a matter and in such circumstances, costs can be exemplary.
Final order
In the result, we hold that while exercising inherent jurisdiction under Section 482, Court has power to pass such orders (not inconsistent with any provision of the Code) including the order for costs in appropriate cases, (i) to give effect to any order passed under the Code or
(ii) to prevent abuse of the process of any Court or
(iii) otherwise to secure the ends of justice.
As stated above, this extraordinary power is to be used in extrao rdinary circumstances and in a judicious manner. Costs may be to meet the litigation expenses or purposes can be exemplary to achieve the aforesaid In view of the aforesaid findings, this appeal is dismissed.
H. S. Bains Vs The State (Union Territory Of Chandigarh) on 10 October, 1980
In this landmark judgment from Supreme Court, it was held that.
Where the Magistrate, on receiving a complaint orders investigation under section 156(3) and receives a report under section 173 to the effect that no offence was disclosed against the accused, the Magistrate might either
(i) decide that there is no sufficient ground for proceeding further and drop action or
(ii) he may take cognizance of the offence under section 190(1)(b) and issue process without being bound in any manner by the conclusion of the police or
(iii) 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 enquiry under section 202 if he thinks fit. Thereafter he may dismiss the complaint or issue process as the case may be.
Law laid down,
Chapter XII of the Code of Criminal Procedure 1973 deals with information to the Police, and their powers to investigate. Sec. 156 (1) vests in an officer incharge of a Police Station the power to investigate any cognizable case, without the order of a Magistrate. Sec. 156(3) authorises a Magistrate, empowered under Sec. 190, to order an investigation as mentioned in Sec. 156(1). The provisions from Sec. 157 onwards are concerned with the power and procedure for investigation. Sec. 169 prescribes that if upon an investigation it appears to the officer incharge of the Police Station that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond (with or without sureties) to appear if and when required, before a Magistrate empowered to take cognizance of an offence on a police report and to try the accused or commit him for trial. Sec. 170 prescribes that if upon investigation it appears to the officer incharge of the Police Station that there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of an offence on a police report and to try the accused or commit him for trial. If the offence is bailable the officer shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. Sec. 173(1) casts a duty upon the police officer to complete the investigation without unnecessary delay. Sec. 173(2) prescribes that as soon as the investigation is completed the officer incharge of the police station shall forward to a Magistrate empowered to take cognizance of an offence on a police report, a report in the prescribed form stating the various particulars mentioned in that subsection.
Tail point
It is seen from the provisions to which we have referred in the preceding paragraphs that on receipt of a complaint a Magistrate has several courses open to him. He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Sec. 200. Thereafter, if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Sec. 203. If in his opinion there is sufficient ground for proceeding he may issue process under Sec. 204. However, if he thinks fit, he may postpone the issue of process and either enquire into the case himself or direct an investigation to be made by a Police Officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding. He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.
On the other hand, in the first instance, on receipt of a complaint, the Magistrate may, instead of taking
cognizance of the offence, order an investigation under Sec. 156(3). The police will then investigate and submit a report under Sec. 173(1). On receiving the police report the Magistrate may take cognizance of the offence under Sec. 190(1)(b) and straightaway issue process. This he may do irrespective of the view expressed by the police in their report whether an offence has been made out or not. The Police report under Sec. 173 will contain the facts discovered or unearthed by the police and the conclusion drawn by the police therefrom. The Magistrate is not bound by the conclusions drawn by the Police and he may decide to issue process even if the Police recommend that there is no sufficient ground for proceeding further. The Magistrate after receiving the Police report, may, without issuing process or dropping the proceeding decide to take cognizance of the offence on the basis of the complaint originally submitted to him and proceed to record the statements upon oath of the complainant and the witnesses present under Sec. 200 Criminal Procedure Code and thereafter decide whether to dismiss the complaint or issue process. The mere fact that he had earlier ordered an investigation under Sec. 156(3) and received a report under Sec. 173 will not have the effect of total effacement of the complaint and therefore the Magistrate will not be barred from proceeding under Sections 200, 203 and 204. Thus, a Magistrate who on receipt of a complaint, orders an investigation under Sec. 156(3) and receives a police report under Sec. 173(1), may, thereafter, do one of three things: (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 Sec. 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 Sec. 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Sec. 200 If he adopts the third alternative, he may hold or direct an inquiry under Sec. 202 if he thinks fit.
Thereafter he may dismiss the complaint or issue process, as the case may be.
Onkar Nath Mishra and Ors Vs State (NCT of Delhi) and Anr on 14 December, 2007
In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.
Highlights
Knife Name: Neetu
Husband Name: Ashutosh Misra
- He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994.
- He told me that he has no time to go to Cell and to bring me to Bijnore.
- talk to your father to give you Rs.50,000/- and VCR to bring with you.
- If you come here alone with the child, we will give you good beatings.
- Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M.
- she stated that, my father-in-law and sister-in-law clearly warned him that till the time I will not bring Rs.50,000/- cash and V.C.R. they will not keep me.
- In the charge-sheet, it has been recorded that despite issue of notice under Section 160 Cr.P.C. to the complainant and her father by the ASI, neither the complainant nor her father turned up to take back her Stridhan , which was alleged to be with the appellants. It has been noted that the complainant does not want to take back her Stridhan.
Law point from Para 10,
It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.
From Para 19,
Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.
Citations: [2007 SUPREME 8 405], [2008 SCC 2 561], [2008 CRLJ 0 1391], [2008 AIR SC 204], [2008 RCR CRI 1 336], [2008 SCC 1 65], [2007 STPL LE 0 39378], [2008 SCC CRI 1 507], [2008 AD SC 2 398], [2008 BLJR 56 753], [2008 MADLW CRL 2 955], [2008 ACC 60 694], [2008 SCC CRL 1 507], [2008 JT 1 20], [2008 LW CRL 2 955], [2008 ALL MR CRI 1360], [2008 ALT CRI 3 83], [2008 AIR SC 96], [2008 MAHLJ CRI 2 550], [2008 SCC CR 1 507], [2008 CRIMES 1 42], [2008 DRJ 100 3], [2008 UJ 1 107], [2008 MLJ CRI 2 686], [2008 SLT 1 329], [2007 AIOL 1302], [2008 ANJ SC 1 124], [2008 CRLJ SC 1351], [2007 SCALE 14 403], [2007 SCR 13 716], [2008 AIC SC 62 155], [2008 CRI LJ 1391]
Other Source links: https://indiankanoon.org/doc/1907093/ and https://www.casemine.com/judgement/in/5609ae46e4b01497114135e4
Thota Venkateswarlu Vs State Of Andhra Pradesh And Another on 2 September, 2011
Hon’ble Supreme Court has held in this judgment that,
Having regard to the above, while we see no reason to interfere with the High Court’s decision to reject the petitioner’s prayer for quashing of the proceedings in Complaint Case No.307 of 2007, we also make it clear that the learned Magistrate may proceed with the trial relating to the offences alleged to have been committed in India. However, in respect of offences alleged to have been committed outside India, the learned Magistrate shall not proceed with the trial without the sanction of the Central Government as envisaged in the proviso to Section 188 Cr.P.C.
Anita Kushwaha Vs Pushap Sudan on 19 July, 2016
This is a judgment from Apex Court wherein it held, it has power to transfer of case across states and that include transfer to/from Jammu & Kashmir State of India.
K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008
Another authority from a division bench of the Supreme Court wherein it was held that,
From Para 24 and 26,
24. The jurisdiction of the Supreme Court under Article 32 and of the High Court under Article 226 of the Constitution is extraordinary, equitable and discretionary. Prerogative writs mentioned therein are issued for doing substantial justice. It is, therefore, of utmost necessity that the petitioner approaching the Writ Court must come with clean hands, put forward all the facts before the Court without concealing or suppressing anything and seek an appropriate relief. If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition may be dismissed at the threshold without considering the merits of the claim.
26. A prerogative remedy is not a matter of course. While exercising extraordinary power a Writ Court would certainly bear in mind the conduct of the party who invokes the jurisdiction of the Court. If the applicant makes a false statement or suppresses material fact or attempts to mislead the Court, the Court may dismiss the action on that ground alone and may refuse to enter into the merits of the case by stating “We will not listen to your application because of what you have done”. The rule has been evolved in larger public interest to deter unscrupulous litigants from abusing the process of Court by deceiving it.
From Paras 28 and 29,
28. The above principles have been accepted in our legal system also. As per settled law, the party who invokes the extraordinary jurisdiction of this Court under Article 32 or of a High Court under Article 226 of the Constitution is supposed to be truthful, frank and open. He must disclose all material facts without any reservation even if they are against him. He cannot be allowed to play `hide and seek’ or to `pick and choose’ the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts. The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning of Writ Courts and exercise would become impossible. The petitioner must disclose all the facts having a bearing on the relief sought without any qualification. This is because, “the Court knows law but not facts”.
29. If the primary object as highlighted in Kensington Income Tax Commissioners is kept in mind, an applicant who does not come with candid facts and `clean breast’ cannot hold a writ of the Court with `soiled hands’. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, maneuvering or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the Court, the Court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the Court does not reject the petition on that ground, the Court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of Court for abusing the process of the Court.
From final para,
the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This is not proper. Hence, on that ground alone, the appellant cannot claim equitable relief.
Citations : [2008 SUPREME 5 287], [2008 AIOL 783], [2008 SCC 12 481], [2008 JT SC 8 57]
Other Sources :
https://indiankanoon.org/doc/1007946/
https://www.casemine.com/judgement/in/5609ae87e4b01497114140b2
