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FIR
Quashing of FIR – allegations of corruptions against IAS cadre officer and others – Bihar govt. order for vigilance enquiry – when challenged high court granted 8 months time for completing enquiry – Bifurcation of Bihar & Jarkhand – Accused was allotted to Jarkhand State – FIR reg. basing on vigilance report at Bihar Govt. – writ to quash the FIR due to lack of Jurisdiction – Apex court held that since the vigilance report/ enquiry is not transferred as per the circulars r/w as per sec.76 of Re organisation Act to Jarkhand State which holds jurisdiction to conduct enquiry – and since the enquiry report not completed with in 8 months as per the High court , the proceedings stands cancelled and as such the FIR registered basing on vigilance report of Bihar Govt at Bihar state against the IAS Cadre officer not maintainable – confirmed the High court judgment and dismissed the appeal =STATE OF BIHAR & ORS. … APPELLANTS VERSUS ASHOK KUMAR SINGH & ORS. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41757
Quashing of FIR – allegations of corruptions against IAS cadre officer and others – Bihar govt. order for vigilance enquiry – when challenged high court granted 8 months time for completing enquiry – Bifurcation of Bihar & Jarkhand – Accused was allotted to Jarkhand State – FIR reg. basing on vigilance report at Bihar Govt. … Continue reading
When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, a Magistrate can not add additional sections after filing charge sheet , only trial court under sec.211 at the time of trial add the same : STATE OF GUJARAT ..Appellant Versus GIRISH RADHAKRISHNAN VARDE ..Respondent = http://courtnic.nic.in/supremecourt/qrydisp.asp
When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, … Continue reading
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their fundamental right to live with human dignity guaranteed by Article 21 of the Constitution of India has been invaded, atleast prima facie, so as to direct for an independent investigation/enquiry so that the perpetrators may not get away scot free if petitioners’ case is found true. = BEENU RAWAT & ORS … PETITIONERS VS. UNION OF INDIA & ORS. … RESPONDENTS = published in http://www.supremecourtofindia.nic.in/outtoday/wc446.pdf
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their … Continue reading
whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary inquiry before registering the FIR.= Lalita Kumari …. Petitioner (s) Versus Govt. of U.P. & Ors. …. Respondent(s)= Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40960
whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary inquiry before registering the FIR.= In view of the aforesaid discussion, … Continue reading
DEATH CONFIRMED = Herein, A1 and A2 have committed a cold blooded murder in a pre-ordained fashion without any provocation whatsoever. The motive behind the gruesome act was to avenge the act of informant in approaching the machinery of law enforcement inspite of threats by the appellants. The victims were five innocent children and wife of the informant who were sleeping unalarmed when the appellants came and locked them inside their house while it was set ablaze. Further, wrath of A1 and A2 is reflected in their act of first gagging the informant, thereafter attempting to burn him alive and later, when he tried to escape, firing at him thereby leaving no stone unturned in translating their threats into reality. As a result of the aforesaid incident, having witnessed the threats of burning given by the A1 to the informant tuned into reality, none but the family of the deceased-informant came forth to depose against the appellant-accused persons during the trial. The crime, enormous in proportion having wiped off the whole family, is committed so brutally that it pricks and shocks not only the judicial conscience but even the collective conscience of the society. It demands just punishment from the Court and the Court is bound to respond within legal parameters. The demand for justice and the award of punishment have to be in consonance with the legislative command and the discretion vested in the Courts. “…the punishment is the way in which society expresses its denunciation of wrong doing; and, in order to maintain respect for the law, it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. It is a mistake to consider the objects of punishments as being a deterrent or reformative or preventive and nothing else… The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrong doer deserves it, irrespective of whether it is a deterrent or not.” 90. In light of the aforesaid, having regard to the gravity of the offence committed, we are of the considered opinion that with regard to A1 and A2 this case falls into the category of rarest of the rare cases and is not a case where imprisonment for life is an adequate sentence and thus, constrained to reach the inescapable conclusion that death sentence imposed on A1 and A2 be confirmed. 91. Therefore, the sentence of death imposed on A1 and A2 is confirmed and the sentence awarded to A3 is commuted to life imprisonment till the rest of his life. 92. The order of stay on the execution of the capital punishment of A1 and A2 is vacated.
punishable in http://judis.nic.in/supremecourt/imgst.aspx?filename=40794 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.249-250 OF 2011 DEEPAK RAI Appellant(s) VERSUS STATE OF BIHAR Respondent(s) WITH CRIMINAL APPEAL NOS.1747-1748 OF 2011 JAGAT RAI AND ANR. Appellant(s) … Continue reading
whether the consent given by woman believing the man’s promise to marry her, is a consent which excludes the offence of rape. = Section 375 IPC defines the expression “rape”, which indicates that the first clause operates, where the woman is in possession of her senses, and therefore, capable of consenting but the act is done against her will; and second, where it is done without her consent; the third, fourth and fifth, when there is consent, but it is not such a consent as excuses the offender, because it is obtained by putting her on any person in whom she is interested in fear of death or of hurt. The expression “against her will” means that the act must have been done in spite of the opposition of the woman. An inference as to consent can be drawn if only based on evidence or probabilities of the case. “Consent” is also stated to be an act of reason coupled with deliberation. It denotes an active will in the mind of a person to permit the doing of an act complained of. Section 90 IPC refers to the expression “consent”. Section 90, though, does not define “consent”, but describes what is not consent. “Consent”, for the purpose of Section 375, requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances. = where the accused had assured the prosecutrix that he would marry her and had sexual affair, which was repeated on several occasions as well. But he did not marry and she became pregnant. That was a case where there was delay of eight months in filing the complaint. The accused was given the benefit of doubt holding that it would not be possible to conclude that the alleged sexual act was committed without the consent of the prosecutrix. 18. We have already referred to the evidence of PW2 to PW4 and that their consistent version is that PW2 had previous acquaintance with the accused being her elder brother’s friend for a period of more than two years before the date of incident. The place of the alleged incident and the time is very crucial, so for as this case is concerned. It was early morning at 8.30 AM and the place of the alleged incident was on the side of a public road. If she had made any semblance of resistance or made any hue and cry it would have attracted large number of people from the locality. Further the first information report, as already indicated, was lodged after a period of 10 months of the alleged incident. All these factors cast some shadow of doubt on the version of PW2.=The trial Court as well as the High Court has committed an error in holding that the accused is guilty of the offence punishable under Section 376 IPC. In such circumstances, we are inclined to allow this appeal and set aside the conviction and sentence imposed on the appellant and order accordingly.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40795 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1467 OF 2013 [Arising out of SLP (Crl.) No. 3093 of 2012] Kaini Rajan .. Appellant Versus State of Kerala .. Respondent J U D G M E N T K. S. Radhakrishnan, J. Leave granted. 2. This appeal … Continue reading
Non- official as co – accused can be prosecuted along with other official accused by Special court = Admittedly, 2G Scam case is triable by the Special Judge against the persons accused of offences punishable under the PC Act in view of subSection (1) of Section 4. The Special Judge alone can take the cognizance of the offence specified in sub Section (1) of Section 3 and conspiracy in relation to them. While trying any case, the Special Judge may also try an offence other than the offence specified in subSection (1) of Section 3, in view of subSection (3) of Section 4. A magistrate cannot take cognizance of offence as specified in Section 3(1) of the PC Act. In this background, as the petitioners have been shown as coaccused in second supplementary chargesheet filed in 2G Scam case, it is open to the Special Judge to take cognizance of the offence under Section 120B and Section 420 IPC.- the Special Judge while trying the co accused of an offence punishable under the provisions of the Act as also an offence punishable under Section 120B read with Section 420 IPC has the jurisdiction to try the appellant also for the offence punishable under Section 120B read with Section 420 IPC applying the principles incorporated in Section 223 of the Code.; In the present case there is nothing on the record to suggest that the petitioners will not get fair trial and may face miscarriage of justice. In absence of any such threat & miscarriage of justice, no interference is called for against the impugned order taking cognizance of the offence against the petitioners. On 11th April, 2001, when the 2G Scam Case was taken up by this Court, this Court, inter alia, observed as follows: “Acting on such basis, this Court has given directions for establishing a separate Special Court to try this case and pursuant to such direction, a Special Court has been constituted after following the due procedure. We also make it clear that any objection about appointment of Special Public Prosecutor or his assistant advocates or any prayer for staying or impeding the progress of the Trial can be made only before this Court and no other court shall entertain the same. The trial must proceed on a dayto day basis. All these directions are given by this Court in exercise of its power under Article 136 read with Article 142 of the Constitution and in the interest of holding a fair prosecution of the case.” From the aforesaid order it is clear that this Court passed the order under Article 136 read with Article 142 of the Constitution, in the interest of holding a fair prosecution of the case. – In Rupa Asbhok Hurra v. Ashok Hurra and another, (2002) 4 SCC 388, this Court held that a final judgment or order passed by this Court cannot be assailed in an application under Article 32 of the Constitution by an aggrieved person, whether he was a party to the case or not. For the said reason also, it is not open to the petitioner to indirectly assail the order passed by this Court in 2G Scam case. 30. We find no merit in these writ petitions, they are accordingly dismissed. The Special Court is expected to proceed with the trial on daytoday basis to ensure early disposal of the trial. There shall be no order as to costs.
published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40469 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) No. 57 OF 2012 ESSAR TELEHOLDINGS LTD. … PETITIONER Versus REGISTRAR GENERAL, DELHI HIGH COURT & ORS. … RESPONDENTS With WRIT PETITION (C) No. 59 OF 2012 LOOP TELECOM LTD. … PETITIONER Versus REGISTRAR GENERAL, DELHI HIGH COURT & ORS. … RESPONDENTS With WRIT PETITION (C) No. 96 OF 2012 VIKASH SARAF … PETITIONER Versus REGISTRAR GENERAL, DELHI HIGH COURT & ORS. … RESPONDENTS J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. Feeling aggrieved by the order dated 21st December, 2011 passed by the Special Judge, Central 1Page 2 Bureau of Investigation, New Delhi taking cognizance against the petitioners, they … Continue reading
filing of the second FIR and fresh charge sheet is violative of fundamental rights under Article 14, 20 and 21 of the Constitution since the same relate to alleged offence in respect of which an FIR had already been filed and the court has taken cognizance. This Court categorically accepted the CBI’s plea that killing of Tulsiram Prajapati is a part of the same series of cognizable offence forming part of the first FIR and in spite of the fact that this Court directed the CBI to “take over” the investigation and did not grant the relief as prayed, namely, registration of fresh FIR, the present action of CBI filing fresh FIR is contrary to various judicial pronouncements which is demonstrated in the earlier part of our judgment. – In view of the above discussion and conclusion, the second FIR dated 29.04.2011 being RC No. 3(S)/2011/Mumbai filed by the CBI is contrary to the directions issued in judgment and order dated 08.04.2011 by this Court in Writ Petition (Criminal) No. 115 of 2009 and accordingly the same is quashed. As a consequence, the charge sheet filed on 04.09.2012, in pursuance of the second FIR, be treated as a supplementary charge sheet in the first FIR. It is made clear that we have not gone into the merits of the claim of both the parties and it is for the trial Court to decide the same in accordance with law. Consequently, Writ Petition (Criminal) No. 149 of 2012 is allowed. Since the said relief is applicable to all the persons arrayed as accused in the second FIR, no further direction is required in Writ Petition (Criminal) No. 5 of 2013.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 149 OF 2012 Amitbhai Anilchandra Shah …. Petitioner(s) Versus The Central Bureau of Investigation & Anr. …. Respondent(s) WITH WRIT PETITION (CRIMINAL) NO. 5 OF 2013 J U D G M E N T P. Sathasivam, J. 1) Amitbhai Anilchandra … Continue reading
Section 157 of the Evidence Act makes it clear that a statement recorded under Section 164 Cr.P.C., can be relied upon for the purpose of corroborating statements made by witnesses in the Committal Court or even to contradict the same. As the defence had no opportunity to cross-examine the witnesses whose statements are recorded under Section 164 Cr.P.C., such statements cannot be treated as substantive evidence. ; “The DNA analysis made it clear that the blood samples of the parents of Praveen matched with the DNA of Praveen, deceased and the same proved and established the identity of the dead body as the DNA had also been extracted from the portion of the limbs recovered from the lake and compared with that of DNA of parents.” ; to appreciate his evidence under Section 3 of the Evidence Act. The Judge must consider whether a prudent man would appreciate such evidence, and not appreciate the same in accordance with his own perception. The basis for appreciating evidence in a civil or criminal case remains the same. However, in view of the fact that in a criminal case, the life and liberty of a person is involved, by way of judicial interpretation, courts have created the requirement of a high degree of proof. 37. In view of the above, we do not find any merit in the appeal and the same is dismissed accordingly. However, before parting with the case, we would like to mention that the courts below have appreciated the entire evidence meticulously, but it would have been desirable if all the circumstances which completed the chain, rendering the accused liable for punishment could have been put together, to facilitate better understanding of the judgment.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1774 of 2010 R. Shaji …Appellant Versus State of Kerala …Respondent J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the judgment and order dated 10.12.2009 delivered by the Kerala High Court … Continue reading
MURDER CASE – BENEFIT OF DOUBT =Now, the question is whether the version given by PW3-Meena in the FIR that A1-Anil and A2-Ashok assaulted the deceased is to be accepted or whether the version given by her in the examination-in-chief that A1-Anil, A2-Ashok, A4-Kishor and A5-Shankar assaulted the deceased has to be accepted or whether the version given by her in the cross-examination that A1-Anil and A2-Ashok only dragged the deceased out in the courtyard along with A3-Baba and A3-Baba assaulted the deceased with others is to be accepted. When there is such a great variance in her versions, we find it risky to convict the accused on the basis of such evidence. If her version in the FIR and examination-in-chief is to be accepted, then A5- Shankar could have been convicted with the aid of Section 34 of the IPC. But, he has been acquitted. If the version given in the cross-examination that A1-Anil and A2-Ashok only dragged the deceased out and A3-Baba assaulted the deceased is to be accepted, then, it is necessary to examine whether they shared common intention with A3-Baba to commit murder of the deceased. It is possible that they did share common intention with A3- Baba. It is equally possible that they did not. If A1-Anil and A2-Ashok merely dragged the deceased and they had no intention to kill the deceased, they may be guilty of a lesser offence. It appears that unfortunately, this aspect was not examined properly by learned Sessions Judge because during the pendency of the case, A3-Baba was murdered and could not be tried. At this stage, in the absence of evidence, it is not possible for us to make out a new case. The prosecution case is, therefore, not free from doubt. Undoubtedly, the evidence on record creates a strong suspicion about involvement of A1-Anil and A2-Ashok, but, it is not sufficient to prove their involvement in the offence of murder beyond doubt. It is well settled that suspicion, however strong, cannot take the place of proof. Clear and unimpeachable evidence is necessary to convict a person. – In the result, the appeal is allowed. Impugned judgment and order is quashed and set aside. The appellants Anil s/o. Shamrao Sute and Ashok s/o. Motiram Kudewal are in jail. They are directed to be released from custody forthwith unless they are required in some other case.
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1324 OF 2008 ANIL S/O. SHAMRAO SUTE & ANR. … APPELLANTS VERSUS STATE OF MAHARASHTRA … RESPONDENT JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J. 1. The two appellants (A1-Anil and A2-Ashok respectively) along with four others (A3-Baba, A4-Kishor, A5-Shankar and A6-Mayabai) were charged for … Continue reading
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