web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Priyanka Srivastava and Anr Vs State of UP and Ors

Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021

Posted on December 1, 2021 by ShadesOfKnife

A single-judge bench of AP High Court held as follows,

From Para 6, Ground-1

6. On the other hand, respondent No.2 submits that petitioner cannot raise a contention that 16 other complaints were lodged by respondent No.2 that she is habituated in lodging complaints against public servants and others, as it is her personal issue and there is no illegality in the order under revision. She submits that while exercising power under Section 156(3) Courts can forward complaint to Police without issuing notice to the accused. Hence, there is no illegality in the order impugned and this revision is liable to be dismissed. Relied on Priyanka Srivastava and Ors. Vs. State of U.P. and Ors.

7. In the case on hand, the Magistrate has only directed the Station House Officer, I Town Police Station under Section 156(3) of Cr.P.C for investigation and directed the police to file report by17.06.2021. The Hon’ble Apex Court has consistently held that when the Magistrate applies his mind and order for investigation under Section 156 (3) of Cr.P.C, he could not be said to have taken cognizance of offence and by doing so, it will be conducive to justice and save the valuable time of the Magistrate from being wasted in enquiring into a matter which was the primary duty of the police to investigate. In this case, the Magistrate has not taken cognizance, but only referred the matter to the police for investigation. At this juncture, as argued by the learned counsel for petitioner that sanction should have been obtained as the petitioner is a public servant has no legs to stand.

From Para 8, Ground-2

8. The petitioner has challenged the order passed by the Magistrate under Section 156 (3) of Cr.P.C and directed to submit a report which is an interlocutory order and revision against such an order under Section 397 (2) of Cr.P.C is barred under law. However, after completion of investigation, if Police come to the conclusion that complaint is filed with false allegations, they can as well close the case by referring it as false. The revision is also liable to be dismissed on the ground of its maintainability as it isnot final order and it falls under interlocutory order, which cannot be challenged.

Busarapu Satya Yesu Babu Vs State of AP and Sake Roja on 05 Nov 2021
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Busarapu Satya Yesu Babu Vs State of AP and Sake Roja CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Party In Person Series Priyanka Srivastava and Anr Vs State of UP and Ors | Leave a comment

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Posted on December 18, 2019 by ShadesOfKnife

Justice Dipak Misra states that Magistrate has to be alive about the allegation brought to him via Non-cognizable case by Police.

From Paras 26 and 27,

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes
this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

From Para 30,

30. In the present case, we are obligated to say that learned Magistrate should have kept himself alive to the aforesaid provision before venturing into directing registration of the FIR under Section 156(3) Cr.P.C. It is because the Parliament in its wisdom has made such a provision to protect the secured creditors or any of its officers, and needles to emphasize, the legislative mandate, has to be kept in mind.

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Citations: [AIR 2015 SC 1758], [2015 (3) RLW 2404 (SC)], [2015(3) PLJR 78(SC)], [2015 SCL SC 130 472], [2015 AIOL 3152], [2015 CRIMES SC 2 179], [2015 CRIMES SC 2 209], [2015 CRLJ SC 2396], [2015 JCC SC 2 974], [2015 JT 5 203], [2015 SCALE 4 120], [2015 SCC 6 287], [2015 SLT 3 431], [2015 SUPREME 3 152], [2015 SCC ONLINE SC 272], [2015 CTC 3 103], [2015 KLJ 2 491], [2015 KERLT 2 451], [2015 SCC CRI 4 153], [2015 SCC CIV 3 294]

Indiankanoon.org link: https://indiankanoon.org/doc/163299097/

Casemine link: https://www.casemine.com/judgement/in/5790b242e561097e45a4e25a


The Index for Defamation Judgments is here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Lalita Kumari Vs Govt.Of U.P. and Ors Priyanka Srivastava and Anr Vs State of UP and Ors Reportable Judgement or Order

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022
  • Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022 August 10, 2022
  • XXX Vs State of Kerala and Ors on 05 July 2022 August 8, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,138 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,826 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,248 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,084 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,060 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,046 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (1,032 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (975 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (950 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (918 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (304)Landmark Case (300)2-Judge (Division) Bench Decision (231)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (610)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (107)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (5)
  • July 2022 (21)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • 500 API Errors on Custom Error Page August 12, 2022
    Aug 12, 09:07 UTCResolved - This incident has been resolved.Aug 12, 08:52 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:36 UTCInvestigating - Cloudflare is aware of and investigating an issue with Cloudflare Custom Pages which potentially impacts multiple customers. Further detail will be provided as more information becomes […]
  • Increased HTTP 522 Errors August 12, 2022
    Aug 12, 07:25 UTCResolved - This incident has been resolved.Aug 12, 07:10 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:10 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 12, 06:55 UTCInvestigating - Cloudflare is investigating an increased level of HTTP 522 errors in […]
  • Increased API Error rate August 12, 2022
    Aug 12, 00:49 UTCResolved - This incident has been resolved.Aug 12, 00:40 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 11, 23:00 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 11, 23:00 UTCInvestigating - Some customers might see increased API error rates

RSS List of Spam Server IPs from Project Honeypot

  • 139.5.89.18 | S August 11, 2022
    Event: Bad Event | Total: 801 | First: 2017-01-08 | Last: 2022-08-11
  • 139.5.88.17 | SD August 11, 2022
    Event: Bad Event | Total: 6,431 | First: 2019-02-01 | Last: 2022-08-11
  • 139.5.88.131 | SD August 11, 2022
    Event: Bad Event | Total: 5,905 | First: 2019-03-08 | Last: 2022-08-11
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 681 access attempts in the last 7 days.

pixel