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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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...
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Reported in : AIR2009SC1881; JT2009(7)SC566; 2009(5)KarLJ257; 2009(7)SCALE6; (2009)6SCC61; 2009AIRSCW3378
Arijit Pasayat, J.1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court setting aside the judgment of acquittal recorded by learned Third Additional Sessions Judge, Bangalore. Learned Sessions Judge have found the accused appellant guilty of offence punishable under Section 498A and 302 of the Indian Penal Code, 1860 (In short the `IPC').2. Background facts leading to the prosecution of the appellant are as follows:On 13/14.2.1994 Smt. Mythradevi (hereinafter referred to as the `deceased') was done to death in the bedroom of the matrimonial home of the deceased. According to 'the investigation reports by about 6 a.m. on 14.2.1994 the inmates of the matrimonial home of the deceased learnt about the suspicious death of the deceased. By 9.30 a.m. on the very same day parents of the deceased came to the matrimonial home of the deceased after hearing the news of death of their daughter Mythradevi. Father of the deceased (P.W.6) informed the same to t...
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Reported in : AIR1997SC610; 1997(1)ALD(Cri)248; 1998(46)BLJR161; 1997CriLJ743; 1996(4)Crimes233(SC); (1997)2GLR1631; JT1997(1)SC1; RLW1997(1)SC94; 1996(9)SCALE298; (1997)1SCC416; [1996]S
ORDERDr. Anand, J.1. The Executive Chairman, Legal Aid Services, West Bengal, a non-political organisation registered under the Societies Registration Act, on 26th August, 1986 addressed a letter to the Chief Justice of India drawing his attention to certain news items published in the Telegraph dated 20, 21 and 22 of July, 1986 and in the Statesman and Indian Express dated 17th August, 1986 regarding deaths in police lock-ups and custody. The Executive Chairman after reproducing the news items submitted that it was imperative to examine the issue in depth and to develop 'custody jurisprudence' and formulate modalities for awarding compensation to the victim and/or family members of the victim for atrocities and death caused in police custody and to provide for accountability of the officers concerned. It was also stated in the letter that efforts are often made to hush up the matter of lock-up deaths and thus the crime goes unpunished and 'flourishes'. It was requested that the letter...
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REPORTABLE2024INSC772IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.OF2024(Arising out of SLP (Criminal) No.6583 of 2024) SOMJEET MALLICK APPELLANT(S) VERSUS STATE OF JHARKHAND & OTHERS RESPONDENT(S) JUDGMENT MANOJ MISRA, J.1. Leave Granted.2. This appeal impugns judgment and order of the High Court1dated 01.02.2024 passed in Cr. M.P. No.3796 of 2018 whereby, exercising powers under Section 482 of the Code of Criminal Procedure, 19732, the High Court quashed the order dated 20.02.2020, by which cognizance was taken, and all 1 High Court of Jharkhand at Ranchi 2 CrPC Page 1 of 11 further proceedings in connection with Case No.78 of 2016, registered at P.S. Sakchi, corresponding to G.R. No.1627 of 2016, pending in the court of Chief Judicial Magistrate3, Jamshedpur. Factual Matrix 3. The appellant (original complainant) filed an application, under Section 156(3) CrPC, alleging that the second and third respondents (original accused) offered to take app...
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2024 INSC759REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1031 OF2015VIJAY SINGH@VIJAY KR. SHARMA ...APPELLANT(S) VERSUS THE STATE OF BIHAR ...RESPONDENT(S) WITH CRIMINAL APPEAL No.1578 OF2017CRIMINAL APPEAL No.765 OF2017CRIMINAL APPEAL No.1579 OF2017JUDGMENT SATISH CHANDRA SHARMA, J.1. On 30.08.1985, Neelam breathed her last in Simaltalla, PS Sikandra, District Munger, Bihar. The factum of her death was discovered in furtherance of the written report lodged by the Criminal Appeal No.1031/2015 and others Page 1 of 26 informant and brother-in-law of the deceased, namely, Ramanand Singh (examined as PW18 before the Trial Court1 ) wherein he alleged that Neelam was abducted by seven persons from their house in an incident which occurred at around 10:00 PM on the said day. On the basis of this information, an FIR bearing No.127 of 1985 was lodged at PS Sikandra and investigation was commenced which led to the filing of a chargesheet against the...
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