Category: Cr P C

Sexual Offences – Confidentiality – In these matters utmost confidentiality is required to be maintained – High Court completely erred in appreciating the directions issued by Supreme Court in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 – Appeal Allowed

SUPREME COURT OF INDIA FULL BENCH MISS’ A β€” Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER β€” Respondent ( Before : Uday Umesh Lalit, Vineet Saran and S. Ravindra…

(CrPC) – Sections 177 to 184 – Transfer petition – Territorial jurisdiction – Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code – Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled – Hence the transfer petitions are liable to be dismissed.

Β  SUPREME COURT OF INDIA SINGLE BENCH Β KAUSHIK CHATTERJEE β€” Appellant Vs. STATE OF HARYANA AND OTHERS β€” Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Crl.) No.456…

HELD β€œ… difference between the offences in Section 195(1)(b)(i) & Section 195(1)(b)(ii) of the CrPC – Where the facts mentioned in a complaint attracts the provisions of Ss 191 to 193 of the IPC, Section 195(1)(b)(i) of the CrPC applies. The offence punishable under these sections does not have to be committed only in any proceeding in any Court but can also be an offence alleged to have been committed in relation to any proceeding in any Court.

HELD β€œ…it is important to understand the difference between the offences mentioned in Section 195(1)(b)(i) and Section 195(1)(b)(ii) of the CrPC. Where the facts mentioned in a complaint attracts the…

(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.

Β  SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL β€” Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER β€” Respondent ( Before : Ashok Bhushan and R. Subhash…

(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.

Β  SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH β€” Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. β€” Respondent ( Before : Ashok Bhushan and R. Subhash…

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