Court : Orissa
HIGH COURT OF ORISSA: CUTTACK W.P.(C) No.7431 of 2011 In the matter of an application under Articles 226 & 227 of the Constitution of India. ---------Ritima Dehuri W/o Late Udayanath Dehuri At/PO- Kanknamendhi P.S. Banigocha, Daspala, Dist: Nayagarh Petitioner -VrsState of Orissa and others For Petitioner ... : For Opp. Parties : Opp. parties M/s M.M.Pattnaik, D.P.Mohapatra, A.K.Sahu & P.Das Government Advocate ----------- P R E S E N T: THE HONBLE THE CHIEF JUSTICE V. GOPALA GOWDA AND THE HONBLE MR. JUSTICE B.N. MAHAPATRA -------------------------------------------------------------------------------------Date of Judgment:14. 03.2012 -------------------------------------------------------------------------------------B.N. MAHAPATRA, J.Petitioner, the mother of late Nalita Kumar Dehuri, who was arrested, detained and died in police custody, files this writ petition seeking for a direction to opposite parties to initiate a criminal proceeding against the erring police officers and for ...
Tag this Judgment!Court : Chennai
ORDER1. Heard the learned counsels appearing for both sides.2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiruchengode.3. It has been stated that the petitioner is the father of N.Divya, who had died, on 16.7.2007, while she was pursuing her plus one course, in Vidya Vikas Higher Secondary School (for Girls), Thiruchengode, Namakkal District.4. It has been further stated that the petitioner s daughter, N.Divya, had died, under suspicious circumstances. Therefore, he has filed the present writ petition before this Court, under Article 226 of the Constitution of India, to direct the respondents 1 to 4 to conduct a fresh investigation and inquiry, in respect of Crime No.398/2007, pending on the file of the Inspector of Police, Thiurchengode.5. It has been further stated tha...
Tag this Judgment!Court : Chennai Madurai
S. Nagamuthu, J. 1. This reference has been made by the learned Principal Sessions Judge, Tirunelveli, under Section 395(2) of the Code of Criminal Procedure, 1973, raising as many as five questions of law for a decision by this court. Before going into the said questions, let us have a quick look into the back ground of the reference. 2. This is a case of death in a police encounter. The victim of the encounter was one Mr.Kittu @ Kittappa. The occurrence was on 13.06.2015. The police team was headed by a Sub Inspector of Police. He used a fire arm in the encounter. The said Sub Inspector of Police made a report about the occurrence upon which a case was registered under Section 174 of the Code of Criminal Procedure in Crime No.119/2015 on the file of Suthamalli Police Station in Tirunelveli District. The said case was initially investigated by one Mr.N.Krishnaraj, the Inspector of Police, Suthamalli Police Station, Tirunelveli District. On his intimation, Mr.M.K.Mayakrishnan, the lear...
Tag this Judgment!Court : Chennai
(Prayer: Criminal Appeals filed under Section 374(2) of Cr.P.C. challenging the conviction and sentence imposed on the appellant by the learned I Additional Sessions Judge, Tiruvallur, in S.C.No.184 of 2011 dated 29.04.2015.) S. Nagamuthu, J. 1. The appellant, the sole Accused in S.C.No.184 of 2011 on the file of the learned I Additional Sessions Judge, Tiruvallur, who stands convicted for offence under Sections 302 and 307 of IPC and under Section 27 of The Arms Act, 1959 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 302 of IPC; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for a further period of six months for offence under Section 307 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.406 OF2013RE- INHUMAN CONDITIONS IN1382PRISONS WITH I.A. No.68248 of 2017 JUDGMENT Madan B. Lokur, J.1. Custodial violence has always been a matter of great concern for all civilized societies. Custodial violence could take the form of third degree methods to extract information the method used need not result in any physical violence but could be in the form of psychological violence. Custodial violence could also include a violation of bodily integrity through sexual violence it could be to satisfy the lust of a person in authority or for some other reason. The Mathura Rape Case is one such incident that most are familiar with. Custodial violence could, sometimes, lead to the death of its victim who is in a terribly disadvantaged and vulnerable condition. All W.P. (C) No.406/2013 etc. Page 1 of 43 these forms of custodial violence make it abhorrent and invite disparagement from all section...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.71 OF2012RUPALI DEVI APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. RESPONDENTS WITH CRIMINAL APPEAL No.619 OF2019[Arising out of SLP(Crl.) No.5695/2010]. CRIMINAL APPEAL No.620 OF2019[Arising out of SLP(Crl.) No.8246/2010]. CRIMINAL APPEAL No.621 OF2019[Arising out of SLP(Crl.) No.7387/2011]. CRIMINAL APPEAL No.622 OF2019[Arising out of SLP(Crl.) No.5052/2014]. CRIMINAL APPEAL No.623 OF2019[Arising out of SLP(Crl.) No.5139/2014]. JUDGMENT RANJAN GOGOI, CJI1 Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. This is the precise question that arises for determination in this group of appeals.2. The opinions of this Court on the aforesaid question being sharply divided, the present ...
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