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Sanction to prosecution when necessary = whether sanction before prosecution is required from each of the competent authorities entitled to remove an accused from the offices held by him, in situations wherein the accused holds a plurality of offices. The second determination was in respect of the requirement of sanction, in situations where the accused no longer holds the office, which he is alleged to have abused/misused, for committing the offence (s) for which he is being blamed. In answer to the first query, it has unambiguously been concluded, that if an accused holds a plurality of offices, each one of which makes him a public servant, sanction is essential only at the hands of the competent authority (entitled to remove him from service) of the office which he had allegedly misused. This leads to the clear inference, that other public offices held by the accused wherein an accused holds a plurality of offices, are irrelevant for purposes of obtaining sanction prior to prosecution. On the second issue it was concluded, that sanction was essential only if, at the time of taking cognizance, the accused was still holding the public office which he had allegedly abused. If the legal position determined in the above judgments is taken into consideration, there is certainly no doubt, that in the facts and circumstances of this case, sanction if required, ought to have been obtained from the Governor of the State of Madhya Pradesh. The instant determination is premised on the fact, that the appellant is stated to have misused his position while discharging his responsibilities as a nominee Director of the MPSIDC. It is clear to us, specially from the deliberation recorded hereinabove, that the appellant’s participation in the Cabinet Review Meeting dated 28.1.1994, and in the relevant meetings of the Board of Directors (of the MPSIDC) had no nexus to the post of Industries Commissioner, Government of Madhya Pradesh, or the subsequent office held by him as Joint Secretary, Department of Heavy Industries, Government of India. Accordingly, in our considered view, sanction of the authorities with reference to the post of Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India held by the appellant, was certainly not required. We therefore, hereby reject the submission advanced at the hands of the learned counsel for the appellant, that since the appellant continued to hold the above-mentioned public office(s) in his capacity as a member of the IAS cadre, at the time the first charge sheet was filed on 24.9.2007, prosecution could be proceeded with, and cognizance taken, only upon sanction by the competent authority(ies) of the said two offices (Industries Commissioner, Government of Madhya Pradesh and Joint Secretary, Department of Heavy Industries, Government of India), as wholly misconceived.= We are of the view, that the last contention advanced at the hands of the learned counsel for the appellant is a mixed question of fact and law.- whether the accused is guilty of the accusation levelled against him. Therefore, it is neither proper nor possible for us to deal with the last contention advanced at the hands of the learned counsel for the appellant, at the present juncture.= we find no merit in the instant appeals. The same are accordingly hereby dismissed.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40781 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1454 OF 2013 (Arising out of SLP (Crl.) No.61 of 2012) Ajoy Acharya … Appellant Versus State Bureau of Inv. against Eco. Offence … Respondent With CRIMINAL APPEAL NO.1455 OF 2013 (Arising out of SLP (Crl.) No. 400 of 2012) J … Continue reading
eloped out of free will – has no place = On the aforestated aspect of the matter, she was not subjected to cross-examination at the behest of the accused. Only a suggestion was put to her, that she had persuaded the accused-appellant Jarnail Singh to take her away, in order to perform marriage with her, and for the said purpose had taken away cash, clothes and jewellery from her own residence. The aforestated suggestion was denied by the prosecutrix VW – PW6. It may still have been understandable, if the case had been, that she had consensual sex with the accused-appellant alone. But consensual sex with four boys at the same time, is just not comprehensible. Since the fact, that the accused-appellate Jarnail Singh and the prosecutrix VW – PW6 had eloped together is not disputed. And furthermore, since the accused-appellant having had sexual intercourse with the prosecutrix is also the disputed. It is just not possible to accept the proposition canvassed on behalf of the accused appellant. We, therefore, find no merit in the instant submission. It is not as if the prosecution version is entirely based on the statement of the prosecutrix VW – PW6. It would be relevant to mention, that her recovery from the custody of the accused-appellant Jarnail Singh from the house of Shashi Bhan, at Raipur, is sought to be established from the statement of Moti Ram-PW3. There can therefore be no room for any doubt, that after she was found missing from her father’s residence on 25.3.1993, and after her father Jagdish Chandra-PW8 had made a complaint to the police on 27.3.1993, she was recovered from the custody of the accusedappellant Jarnail Singh. – Additionally, in her statement under Section 164 of the Code of Criminal procedure, the prosecutrix VW – PW6 had asserted, that in the first instance, after having caught hold of her, the accused had made her inhale something from a cloth which had made her unconscious. Thereafter, when the accused-appellant Jarnail Singh attempted to commit intercourse with her, she had slapped him. He had then put a cloth in her mouth, to stop her from raising an alarm. Thereafter, each one of the accomplices had committed forcible intercourse with her in turns. The factum of commission of forcible intercourse by the accusedappellant, as also, his accomplices was reiterated by her during her testimony before the Trial Court as PW6. Besides the aforesaid, there is a statement of her own father, Jagdish Chandra (PW8) who also in material particulars had corroborated the testimony of the prosecutrix VW – PW6. The prosecutrix VW – PW6, was not subjected to crossexamination on any of these issues. Nor was the prosecutrix confronted with either the statements made by her under Section 161 or Section 164 of the Code of Criminal Prosecution, so as to enable her to explain discrepancies, if any.
published in http://judis.nic.in/supremecourt/filename=40458 Page 1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1209 OF 2010 Jarnail Singh … Appellant Versus State of Haryana … Respondent J U D G M E N T Jagdish Singh Khehar, J. 1. The factual position on which the prosecution version is founded, commences with the … Continue reading
CHEATING – HAVING SEXUAL INTERCOURSE ON THE PROMISE OF MARRYING = The facts as they unfold from the statement of the prosecutrix Poomari (PW1) are, that even before the first act of sexual intercourse, the accused-appellant Karthick used to tease her. He also used to tell her, that he wished to marry her. The fact that he had sexual intercourse with her, when the prosecutrix Poomari (PW1) was all alone in her house, is not disputed. The prosecutrix Poomari (PW1) has confirmed in her deposition, that at the time of the first sexual intercourse with her at her house, the accused- appellant Karthick had gagged her mouth with his right hand. He had promised to marry her, by placing his hand on her head, after having ravaged her. The subsequent acts of sexual intercourse, were actions of actively cheating her, by giving her the impression that he would marry her. The occurrence at the Murugan temple, is of significant importance. At the temple, for the first time the accused-appellant Karthick told the prosecutrix Poomari (PW1), that he would not marry her. The instant factual position has been confirmed by Chandran (PW9) and Ilangovan (PW10). Despite lengthy cross-examination, the accused-appellant has not been able to create any dent in the testimony of the prosecutrix Poomari (PW1). In the aforesaid view of the matter, we confirm the concurrent determination of the courts below, that the accused-appellant Karthick committed deceit with the prosecutrix Poomari (PW1) by promising to marry her. On the strength of the said deception, in the first instance persuaded her not to disclose the occurrence to anyone, and thereafter, repeatedly had sexual intercourse with her. Therefore, in the facts and circumstances of this case, it is not possible for us to accept the contention advanced on behalf of the accused-appellant Karthick, that sexual intercourse by the accused- appellant Karthick with the prosecutrix Poomari was consensual. Obtaining consent by exercising deceit, cannot be legitimate defence to exculpate an accused.; NO DELAY IN FILING A CASE = there has been no delay whatsoever at the hands of the prosecutrix Poomari (PW1). As long as commitment of marriage subsisted, the relationship between the parties could not be described as constituting the offence of rape under Section 376 of the Indian penal Code. It is only after the accused-appellant Karthick declined to marry the prosecutrix Poomari (PW1), that a different dimension came to be attached to the physical relationship, which had legitimately continued over the past six months. Things changed when the accused-appellant declined to marry the prosecutrix. After the promised alliance was declined, the prosecutrix without any delay disclosed the entire episode to her immediate family. Without any further delay, the brother and father of the Poomari (PW1) approached the village elders. The village elders immediately summoned the accused-appellant Karthick by holding a panchayat. The village elders made all efforts to settled the issue amicably. The family, as is usual in such matters, wished to settle the matter amicably by persuading the accused-appellant to view the matter realistically. It is only on the refusal of the accused-apellant Karthick, to marry the prosecutrix Poomari (PW1), that the question of making a criminal complaint arose. After the meetings of the panchayat, wherein the accused-appellant declined to marry the prosecutrix Poomari (PW1), without any further delay, the prosecutrix Poomari (PW1) reported the matter to the police on 10.10.2003. In the above view of the matter, in the peculiar facts of this case, it is not possible for us to hold, that any doubt can be said to have been created in the version of the prosecution, merely on account of delay in the registration of the first information report. 18. No other submission, besides those noticed hereinabove, was advanced at the hands of the learned counsel for the appellant. For the reasons recorded hereinabove, we find no merit in this appeal. The same is accordingly dismissed.= “The accused-appellant Karthick was ordered to be released on bail by this Court vide order dated 4.4.2008. He shall now be taken into custody, to serve the remaining part of the sentence.”
‘ ‘ PUBLISHED IN http://judis.nic.in/supremecourt/filename=40457 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.601 OF 2008 Karthi @ Karthick … Appellant Versus State Rep. by Inspector of Police, Tamil Nadu … Respondent J U D G M E N T Jagdish Singh Khehar, J. 1. The appellant, Karthi @ Karthick was convicted for … Continue reading
of course his case may be pending for more than 5 years, he filed appropriate cases in the concerned high court and the same is pending. making aspirations against judiciary unnecessarily is not encourage-able. his approach to this apex court directly pending alternative reliefs, is nothing but abuse of the process of the court. .no person is allowed to knock the doors of highest court of the land, after availing alternative reliefs pending before high court . it amounts to gross abuse of the process. The apex court fined the petitioner to pay Rs.20,000/- to the legal services authority.
Page 1 “NON-REPORTABLE”IN THE SUPREME COURT OF INDIAORIGINAL WRIT JURISDICTION WRIT PETITION (CRL) NO.31 OF 2012Karuna Singh …. PetitionerVersusState of NCT of Delhi & Anr. …. Respondents J U D G M E N T JAGDISH SINGH KHEHAR, J.1. Respondent no.2 Mrs. Veena Solanki got FIR No.13 of 2004registered at Police Station Lodhi Colony … Continue reading
civil case and criminal case both maintainable basing on the set of facts of the case=in offences of the nature contemplated under the summoning order, there can be civil liability coupled with criminal culpability. What a party has been deprived of by an act of cheating, can be claimed through a civil action. The same deprivation based on denial by way of deception, emerging from an act of cheating, would also attract criminal liability. In the course of criminal prosecution, a complainant cannot seek a reciprocal relief, for the actions of the accused. As in the instant case, the monetary consideration under the bill of exchange dated 1.2.2001, cannot be claimed in the criminal proceedings, for that relief the remedy would be only through a civil suit. It is therefore not possible for us to accept, that since a civil claim has been raised by the complainant-JCE Consultancy, based on the alleged breach of the agreement dated
1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 304 OF 2012 (Arising out of SLP (Criminal) No.9168 of 2009) Lee Kun Hee & Ors. …. Appellants Versus State of U.P. & Ors. …. Respondents J U D G M E N T JAGDISH SINGH KHEHAR, J. 1. … Continue reading
service matter – extension in service beyond the age of the 50 years in jal Nigam =We have given our thoughtful consideration to the material taken into consideration by the Screening Committee before passing the impugned order dated 1.9.2005. Besides the gradual deterioration in his career-graph noticeable from the last 7 years of his service (before the impugned order was passed), wherein 4 annual reports assessed the work and conduct of the petitioner as “average”. It is also apparent that punishment orders were passed against the petitioner on 3 occasions within the last 4 years. These punishments were ordered because of negligence and irregularity in granting tenders; delay in work, excess payment, financial irregularity and mis-utilization of funds, lack of administrative control; and death of 6 labourers because of lack of
“REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) Nos. 13896-13897 of 2008 Om Prakash Asati …. Petitioner Versus State of U.P. & Ors. …. Respondents J U D G M E N T JAGDISH SINGH KHEHAR, J. 1. The petitioner herein, having qualified the B.E. … Continue reading
the benefit of acquital is extended to the non-appealed accused also=to do complete justice, it would be just and appropriate to extend the same benefit as has been extended to the appellant-accused/Madhu, also to Sibi- accused no.2. Therefore, for exactly the same reasons as have weighed with us in the instant appeal, to determine the acquittal of the appellant-accused/Madhu, we hereby order the acquittal of Sibi-accused no.2 as well, even though he has not preferred an appeal so as to assail the impugned judgment whereby he stands convicted. =circumstantial evidence – failure of prosecution to establish the same=If the motive had been theft, so as to snatch away the jewellery of Padmini Devi, it is difficult to understand why the accused only took away the golden chain around the neck of the deceased, and the six bangles on her right arm, and forsake the earrings on the person of the deceased. It is relevant to mention, that the factum of the earrings found on the person of the deceased has been explained in a wishy-washy manner. P.J. Thomas PW21, Circle Inspector of Police, has specifically deposed on the recovery, retention and return of the earrings to the family of the deceased. The statement of PW21 reveals a sorry state of affairs in handling the investigation of the case in hand.
1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.522 OF 2006 Madhu …. Appellant Versus State of Kerala …. Respondent J U D G M E N T JAGDISH SINGH KHEHAR, J. 1. The appellant herein, Madhu Kalikutty Panicker (hereinafter referred to as “Madhu”) was charged along with Sibi Bhaskaran … Continue reading
service matter = we direct the respondent Bank to absorb the petitioner as a permanent employee in the Sub-Staff cadre on the basis of having rendered service for more than 240 days during 1994-95. = for labour related matters the terms “calendar year” and “block of twelve months” are interchangeable. It would be sufficient, if the petitioner could establish, that he had rendered more than 240 days service in a “block of twelve months”. This in our view should have been the determinating factor in a case where the consideration pertained to the consideration of an employee’s claim for inclusion in the “protected category” merely on account of having rendered 240 days service in a “calendar year”. In view of the above, we are satisfied, that the petitioner fulfilled the condition of having rendered service for 240 days in a “calendar year”.
1 “NON-REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.10845 of 2009 H.S. Rajashekara …. Petitioner Versus State Bank of Mysore & Anr. …. Respondents J U D G M E N T JAGDISH SINGH KHEHAR, J. 1. The petitioner herein was inducted into the service of the State … Continue reading
Land Acquisition act = apex court confirmed the high court order in deducting 55 percent of the market value assessed on the basis of the exemplar sale deed, towards developmental charges, 5 percent towards waiting period, and 10 percent towards de-escalation.
1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1743 OF 2006 Chandrashekar (D) by LRs. and Others …. Appellants Versus Land Acquisition Officer and Another …. Respondents With CIVIL APPEAL NOS. 8899-8901 OF 2011 Basappa (D) & by LRs. and Others …. Appellants Versus Special Land Acquisition Officer, Gulbarga … Continue reading
ARBITRATION=”Only because the respondent has accepted the final bill, the same would not mean that it was not entitled to raise any claim. It is not the case of the appellant that while accepting the final bill, the respondent had unequivocally stated that he would not raise any further claim. In absence of such a
1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1735 OF 2006 Durga Charan Rautray …. Appellant Versus State of Orissa & Anr. …. Respondents J U D G M E N T JAGDISH SINGH KHEHAR, J. 1. The appellant was entrusted with the construction of balance work of earth … Continue reading
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