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Police station

This tag is associated with 21 posts

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

Sec.36 and sec. 173 of Cr.P.C. – Whether the station officer alone has got right to submit final report under sec.173 (2) but not other superior officers ? = STATE OF BIHAR & ANR. … APPELLANTS VERSUS LALU SINGH …RESPONDENT = Reported in http://judis.nic.in/supremecourt/filename=40913

Sec.36 and sec. 173 of Cr.P.C. – Whether the station officer alone has got right to submit final     report under sec.173 (2) but not other superior officers  ? Apex court held wrong and set aside this observation made by high court  and distinguished the  observation made by Apex court judgement M.C.Mehta  (Taj Corridor Scam) v. … Continue reading

Extra-ordinary delay even charge sheet not filed due to Non- Availability of original records of misappropriation – for the same offence the accused was exonerated in departmental proceedings – FIR is quashed = It is not disputed by the respondent that the departmental proceeding was initiated against the appellant with regard to identical charges made in the FIR. It was alleged that as per CAG Inquiry Report dated 15th December, 2008 Rs.4,39,617/- has been misappropriated by the appellant, all the copies of original bills and documents are available in the office of CAG and the original documents are available in the office of the Directorate, State Literacy Programme. In the departmental proceeding identical allegation was made that as per the Inquiry Officer Report, an embezzlement of Rs.4,39,617/- was found to be done by the appellant. 32. During the investigation inspite of several requests made by the Investigating Agency (Police), the records in respect of allegation were not produced. No evidence came against the appellant-Lokesh Kumar Jain, from the file of the education department. As the case was pending since long and there was no possibility of availability of record in the near future, FR No.67/2000 against the appellant was filed before the CJM, Dausa. The CJM, Dausa by his order dated 18th November, 2000 on perusal of Final Report, in exercise of power conferred under Section 156(3) Cr.PC directed the SHO, Dausa to re-investigate the case with the assistance of complainant and to procure the original records. Inspite of order dated 18th November, 2000, for nine years, records were not made available, as apparent from the Inquiry Report dated 15th December,2008. There is nothing on the record, even by way of counter affidavit filed before this Court to show that record has now been traced to make it available to the Investigating Agency. There is no probability of finding out original documents or evidence mentioned in the counter affidavit. Though, delay has been alleged on the part of the appellant, there is nothing on the record to suggest that the appellant caused delay in the matter of investigation. On the other hand, the silence on the part of the respondent regarding availability of the original record or other evidence before the Investigating Agency shows that the delay caused due to inaction on the part of the respondent. Therefore, in our view, keeping investigation pending for further period will be futile as the respondent including Directorate for the State Literacy Programme is not sure whether original records can be procured for investigation and to bring home the charges. Considering the fact that delay in the present case is caused by the respondent, the constitutional guarantee of a speedy investigation and trial under Article 21 of the Constitution is thereby violated and as the appellant has already been exonerated in the departmental proceedings for identical charges, keeping the case pending against the appellant for investigation, is unwarranted, the FIR deserves to be quashed. 34. In the result, the appeal is allowed and the FIR No.10/2000 lodged in Police Station, Dausa as against the appellant is hereby quashed.

  published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40537   REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 888 OF 2013 (ARISING OUT OF SLP(Crl.)NO.4513 OF 2012) LOKESH KUMAR JAIN … APPELLANT VERUS STATE OF RAJASTHAN … RESPONDENT J U D G M E N T 1 SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted. This appeal has … Continue reading

Rape by Police in Custody – absence of medical examination about the Rape is not fatal to the prosecution as they made efforts to get medically examined through petition, through complaint but the Doctors refused =the complainant and one Kamaljit Kaur, who were working as ‘dai’ and nurse respectively, and brought them to the Police Station. On the intervention of Maha Singh, President of the Para Medical Union, Kamaljit Kaur, was released, but the complainant was not released.- in the night of 09.02.1989, the appellants tortured her with patta, made her senseless and had intercourse with her and released her on the morning of 10.02.1989 on the intervention of the Panchayats of Villages Paili, Otal Majarh and Unaramour. when she was released on 10.02.1989, she was in a bad shape and she told them about the torture and sexual intercourse that was forced upon her by the appellants on the night of 09.02.1989. – The appellants in their statements under Section 313 Cr.P.C. before the trial court, on the other hand, took the defence that the complainant (PW-3) along with Kamaljit Kaur were actually released on 09.02.1989 at 6.00 p.m. = the trial court and the High Court have recorded the findings of rape committed by the appellants on PW-3 because of her consistent version in her petition dated 13.02.1989 (Ext.P3/A) to the Governor made within a few days of her release from Police Station on 09.02.1989, her complaint dated 25.07.1989 and her evidence in Court. PW- 1, PW-2 and PW-3 have deposed that an attempt was made for a medical examination in the Civil Hospital, Balachaur, and the hospital at Saroa but the doctors refused to conduct the medical examination on account of the pressure from the appellant-Radha Krishan, but DW-11 and DW-12, the doctors in the hospital, have denied that they had refused to conduct the medical examination. The result is that there is no medical evidence to support the allegation of rape made by PW-3 against the appellants. The High Court, however, has held that as PW-3 was not a young woman, medical examination was not significant and absence of medical examination may not be sufficient to disbelieve PW-3 if her story stands on its own. The High Court has found that she has consistently stated in her petition dated 13.02.1989 to the Governor of Punjab, in her complaint dated 25.07.1989 before the Magistrate and in her deposition in Court that she was detained in the night and raped by the appellants and both the trial court and the High Court have found that soon after she was released from the Police Station on 10.02.1989, she stated before her husband (PW-1) and the neighbour (PW-2) that she had been raped by the appellants and that she was bleeding profusely. The trial court and the High Court, therefore, have come to the finding of guilt of rape against the appellants relying on the evidence of PW-3 as corroborated by the evidence of PW-1, PW-2 under Section 157 of the Indian Evidence Act.= Thus, the trial court and the High Court have recorded concurrent findings of facts holding the appellants guilty of the offences under Sections 323/34, 504/34, 376(2)(a) and 376(2)(g) IPC and the appellant- Radha Krishan guilty of the offence under Section 342 IPC also. = It has been repeatedly held by this Court that even though the powers of this Court under Article 136 of the Constitution are very wide, in criminal appeals this Court does not interfere with the concurrent findings of facts, save in exceptional circumstances where there has been grave miscarriage of justice

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40523 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 232 of 2007 Charanjit & Ors. …… Appellants Versus State of Punjab & Anr. ….. Respondents       J U D G M E N T A. K. PATNAIK, J. This is an appeal by way of special leave … Continue reading

BUT NOT BY ACCUSED – NO VALUE ON FACTS OF THE CASE = the deceased has been fired at by Samar Singh from his service revolver. = On a perusal of the evidence and the FSL report relating to the country-made pistol, Ext. F-1, seized from the accused, it is manifest that the fire arm country-made pistol .303 bore was designed to fire a standard .303 cartridge and that the pistol was in working order. Its test fire was also successfully conducted and the empty cartridge of .303 bore, Ext. C- 1, found in the chamber of the country-made pistol was the empty cartridge fired from the country made pistol.-Therefore, to say that no shot was fired from the country-made pistol is belied and the prosecution version that it was the country-made pistol which was fired by the accused that caused injuries to the deceased deserves acceptance. – From the post-mortem report, it is clear that the bullet injury was from front to back. It is not in dispute that the deceased and the accused were grappling. The version of the prosecution in that all of a sudden, the accused brought out his desi katta and fired from a close range. This has been clearly established by the evidence. Learned counsel would submit that while grappling the position changed and the bullet fired from the service revolver of Samar Singh hit the deceased. In our considered opinion, such a submission cannot be given any acceptance as the desi katta was seized from the accused and the weapon, as opined in the FSL report, is the desi katta and further there is no material to prove that gun shot was fired from the weapon of Samar Singh. Thus, from the aforesaid, it is clear as crystal that the shot was fired from the country-made pistol seized from the custody of the accused-appellant. Hence, the plea that there was a gun shot from the revolver of Samar Singh while the accused-appellant was grappling with the deceased being absolutely mercurial in nature is rejected. 14. In view of the aforesaid premised reasons, the appeals, being sans substance, stand dismissed.

PUBLISHED IN http://judis.nic.in/supremecourt/filename=40454 Page 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOs. 562-563 OF 2010 Pramod Kumar … Appellant Versus State (GNCT) of Delhi …Respondent J U D G M E N T Dipak Misra, J. On 19.3.1999, SI Prahlad Singh along Ct. Baljit Singh went to Village Gittorni where Inspector Mohd. … Continue reading

no arrest during investigation as it is an out come of civil case and chances of compromise= since the present crime arose out of some civil disputes between the parties and there is every possibility of settlement between the parties, the respondent police are hereby directed to complete the investigation of the case without making arrest of the petitioner.

HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.108 of 2012   ORDER: This Criminal Petition is filed by the petitioner/Accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in F.I.R.No.24 of 2009 of Wanaparthy Rural Police Station, Mahboobnagar District. Heard. The offences alleged against the petitioner are punishable under Sections 420, … Continue reading

it is a settled law, a portion of the statement made by an accused under Section 313 of the Code of Criminal Procedure cannot be made use of against the accused either it should be accepted in toto or it should be rejected in toto.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT   DATED: 22/12/2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRIMINAL APPEAL (MD).No.378 of 2010 Senthilkumar … Appellant Vs. The State, rep by The Inspector of Police, K.K.Nagar Police Station, Trichirappalli District, Crime No.130 of 2002. … Respondent PRAYER Appeal is filed under Section … Continue reading

Anbarasu= life imprisonment means rest of the life but not only for14 years =”The law, an eye for an eye makes the whole world blind”… This is a message from the father of our nation, who preached and practiced non violence, the great soul “Mahatma Gandhi”. Saint Thiruvalluvar, the great Tamil Poet, in one of his couplets, 2000 years ago, wrote thus:- “bfhiyapw; bfhoahiu Bte;(J) xWj;jy;, igA;TH;; fis fl; ljbdhL Beu;.” which means, “For a King to punish criminals with death, is like pulling up the weeds in the green corn.” The Hon’ble Supreme Court has also upheld the constitutionality of death sentence. But, the debate goes on. The matters before us pertain to the said issue where, the prime question is “To hang” or “Not to hang”, the accused before us for the heinous crimes allegedly committed by them. The Government of India awarded “Padmashri” to the first deceased “Dr.A.Malik Mohammed” in recognition of his service to the nation, but these accused awarded him death in a cruel manner along with his wife and a servant =(a). The conviction and sentence imposed on Anbarasu [Accused in S.C.No.94 of 2009] under Section 120(B) and Section 485 of the Indian Penal Code are set aside and he is acquitted of the said charges. (b). The conviction and sentence imposed on the appellant – Anbarasu [accused in S.C.No.94 of 2009] for the offences under Sections 449, 302 [two counts- charges 3 and 4], 392, 364 and 201 of the Indian Penal Code are confirmed. (c). The sentence of death imposed on the appellant – Anbararu [ accused in S.C.No.94 of 2009] for the offence under Section 302 of the Indian Penal Code [under Charge No.10] is modified and instead, he shall undergo imprisonment for life and to pay a fine of Rs.15,000/- [Rupees Fifteen Thousand], in default to undergo rigorous imprisonment for six months. (d). We confirm the direction of the Trial Court in S.C.No.94 of 2009 that the sentences shall run consecutively. (d). We further direct that Anbarasu [accused in S.C.No.94 of 2009] shall not be released from prison for the rest of his life. (iii). Referred Trial (MD).No.1 of 2010 is answered accordingly. (iv). The Suo motu Criminal Revision Case (MD).Nos.201 and 963 of 2011 are closed.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/12/2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU REFERRED TRIAL (MD).No.1 of 2010 and CRIMINAL APPEAL (MD).No.411 of 2009 and CRIMINAL APPEAL (MD).No.349 of 2010 and CRIMINAL REVISION CASE (MD).Nos.201 and 963 of 2011 REFERRED TRIAL (MD).No.1 of 2010: Anbarasu … Accused Vs … Continue reading

peculiar substantial questions of law as to whether the High Court can pass an order on an application entertained after final disposal of the criminal appeal or even suo motu particularly, in view of the provisions of Section 362 of the Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) and as to whether in exercise of its inherent jurisdiction under Section 482 Cr.P.C. the High Court can ask a particular investigating agency to investigate a case following a particular procedure through an exceptionally unusual method which is not in consonance with the statutory provisions of Cr.P.C.

REPORTABLE IN THE SUPREME COURT O F INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 753-755 of 2009 State of Punjab …Appellant Versus Davinder Pal Singh Bhullar & Ors. etc. …Respondents With CRIMINAL APPEAL NO. 2258-2264 of 2011 (Arising out of SLP(Crl.) Nos. 6503-6509 of 2011) Sumedh Singh Saini …Appellant Versus Davinder Pal Singh Bhullar & … Continue reading

Non- compoundable cases , if compromised, can be quashed under inherent powers =It is manifest that simply because an offence is not compoundable under Section 320 IPC is by itself no reason for the High Court to refuse exercise of its power under Section 482 Cr.P.C. That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482 Cr.P.C. on the other. While a Court trying an accused or hearing an appeal 14

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2094 OF 2011 (Arising out of SLP (Crl.) No.9919 of 2010) Shiji @ Pappu and Ors. …Appellants Versus Radhika and Anr. …Respondents J U D G M E N T T.S. THAKUR, J. 1. Leave granted. 2. This appeal arises out of an … Continue reading

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