Tag: Indian Penal Code

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case
28Aug By The Legal ChamberNo Comments
Supreme Court

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...
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Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

The Supreme Court held that the right to prefer an appeal under the proviso to Section 372 CrPC includes the right to prosecute it. Consequently, upon the death of the original appellant-victim, their legal heir is entitled to be substituted to continue the appeal. The definition of ‘victim’ under Section 2(wa) CrPC is broad and inclusive, enabling such substitution to ensure the right of access to justice is not defeated. Facts Of The Case: On December 9, 1992, an attack occurred in which Virendra Singh was killed, and informant Tara Chand (PW-1) and his son Khem Singh (PW-3) were injured. The Sessions Court convicted accused Ashok, Pramod, and Anil @ Neelu, sentencing them to life imprisonment, but acquitted six other accused. The convicted accused appealed to the High Court, which, vi...
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Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...
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Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release
25Aug By The Legal ChamberNo Comments
Supreme Court

Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release

This Supreme Court judgment prohibits courts from granting bail based on monetary undertakings or deposits by the accused. It directs that all bail applications must be decided strictly on their own merits, in accordance with law, and not on any extraneous promises of payment. The practice of imposing financial conditions for bail deprecated to uphold the integrity of the judicial process. Facts Of The Case: The appellant, Gajanan Gore, was arrested in August 2023 for allegedly siphoning approximately ₹1.6 crore from his employer, an advertising and training institute. He was charged with various offences including cheating and forgery under the Indian Penal Code. After the Trial Court denied him bail, the Bombay High Court granted him bail in April 2024. This bail was contingent on a ke...
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Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons

The Supreme Court quashed the FIR, ruling the allegations of forgery and cheating did not disclose the essential ingredients of Sections 420, 468, or 471 IPC. It held that continuing the prosecution, after prior exoneration by competent authorities without new evidence, constituted a clear abuse of the legal process. Facts Of The Case: In 2022, a private complaint was filed by Nagaraja M.G. alleging that badminton players Chirag Sen and Lakshya Sen, their parents, and their coach, Vimal Kumar, had conspired to falsify the players’ dates of birth to gain illegal entry into age-restricted tournaments. The complaint was based primarily on an alleged 1996 GPF nomination form. Following a magistrate's order under Section 156(3) of the CrPC, the Bengaluru Police registered an FIR for offences ...
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Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
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Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
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