Category: Cr P C

Release of rosewood logs and lorry – Illicit rosewood logs. 37 such logs were found beneath 92 bunches of bananas and 26 bags of rice husk – Lorry nor the rosewood logs are available as both have been sold by the state and the amount is lying with the exchequer, hence cannot be returned back – Release order upheld.

SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT WILD LIFE WARDEN AND ANOTHER — Appellant Vs. K. K. MOIDEEN AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh…

Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2 and 3 – Quashing of FIR – Final report was filed by the investigation officer stating that no case was made out to proceed against the appellant for the alleged offences – Final report having been accepted by the Additional Sessions Judge, nothing more requires to be adjudicated upon in the present matter – Appeal disposed of.

SUPREME COURT OF INDIA DIVISION BENCH MOHMOOD ALI — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Held, although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 of the CrPC would not be attracted at all as Section 197 is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government

SUPREME COURT OF INDIA DIVISION BENCH A. SREENIVASA REDDY — Appellant Vs. RAKESH SHARMA AND ANOTHER — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. ) Criminal Appeal…

Quashing of FIR – Rape – Victim has not furnished any information in regard to the date and time of the commission of the alleged offence – Investigation is over and charge sheet is ready to be filed before the competent court – Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences – Quashed

SUPREME COURT OF INDIA DIVISION BENCH IQBAL @ BALA AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ.…

If the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC is made out – None of the ingredients to constitute the offence punishable under Section 365, 342 and 506 respectively of the IPC are disclosed on plain reading of the FIR – FIR is nothing but abuse of the process of law – FIR quashed.

SUPREME COURT OF INDIA DIVISION BENCH HAJI IQBAL @ BALA THROUGH S.P.O.A. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala,…

Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely – FIR quashed.

SUPREME COURT OF INDIA DIVISION BENCH SALIB @ SHALU @ SALIM — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ.…

Quashing of FIR – Gang Rape – By just naming the appellant-accused in the FIR, offence cannot be said to have been committed by him – If any particular role is attributed or some kind of active participation is alleged in relation to the alleged offence, then it would be a different scenario – FIR quashed.

SUPREME COURT OF INDIA DIVISION BENCH HAJI IQBAL @ BALA THROUGH S.P.O.A. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala,…

An Authorized Officer under the PMLA, 2002 is not duty bound to follow the rigor of Section 41A of the CrPC, 1973 as against the binding conditions under Section 19 of the PMLA, 2002 – – When an arrestee is forwarded to the jurisdictional Magistrate under Section 19(3) of the PMLA, 2002 no writ of Habeus Corpus would lie — Section 167 of the CrPC, 1973 is a bridge between liberty and investigation performing a fine balancing act

SUPREME COURT OF INDIA DIVISION BENCH V. SENTHIL BALAJI — Appellant Vs. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND OTHERS — Respondent ( Before : A.S. Bopanna and M. M.…

You missed

For best interest and welfare of the child are the paramount considerations when determining visitation rights A. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The paramount consideration when determining visitation rights is the best interest and welfare of the child — This principle takes precedence over the rights of the parents — The court emphasizes that a child’s health and well-being must not be compromised in the process of adjudicating parental rights. B. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Both parents have a right to the care, company, and affection of their child — However, this right is not absolute and must be balanced with the need to protect the child’s welfare — In this case, the court acknowledges the father’s right to visit his daughter but ensures that these visits do not negatively impact the child. C. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Matrimonial disputes and serious allegations between parents should not impede a child’s right to the care and company of both parents — The court separates the child’s welfare from the conflict between the parents. D. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Visitation arrangements must not cause undue hardship to the child — The court modified the High Court’s order, which required the child to travel 300 kilometers every Sunday, as it was deemed detrimental to the child’s health and well-being. E. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — The location for visitation must be convenient and in the best interest of the child — The court changed the visitation location from Karur to Madurai, which is closer to the child’s residence, in order to prioritize the child’s comfort and convenience. F. Hindu Marriage Act, 1955 — Section 26 — Visitation Rights — Supervised visitation may be necessary, especially for young children — The court directed that the father’s visits should occur in a public place, with the mother present (though at a distance), due to the child’s young age and unfamiliarity with the father.