Court : Supreme Court of India
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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REPORTABLE2024INSC718IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO2024 (Arising out of SLP(Crl.) No.4866 of 2023) FULESHWAR GOPE ... APPELLANT(S) VERSUS UNION OF INDIA & ORS. ... RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave granted.2. Impugned in this appeal by special leave is a judgment of the High Court of Jharkhand at Ranchi dated 21st March, 2023 in W.P.(Crl.) No.443 of 2022, whereby the learned Division Bench refused to quash (a) Suo motu letter No.F.No.11011/51/2017/IS-IV dated 16th January, 2018 in respect of the investigation of Bero P.S. Case No.67/2016 dated 10th 1|SLP(CRL)4866/2023 November, 2016; (b) Sanction letter No.11011/51/2017/NIA dated 22nd July, 2020 granting sanction qua prosecution of the present appellant as accused No.17 in R.C.-02/2018/NIA/DLI; and (c) Cognizance order dated 25th July, 2020 u/s 120B of the Indian Penal Code r/w Section 17, 18, 21 & 22 of U.A. (P) Act, 1967, u/S17i) & (ii) of CLA Act, 1908 and charges framed ...
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REPORTABLE2024INSC716IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2161-2162 OF2024(ARISING OUT OF SPECIAL LEAVE PETITION (CRL) NOS. 3665-3666 OF2024 JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. ...APPELLANT(S) VERSUS S. HARISH & ORS. ...RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided into the following parts: - INDEX A. FACTUAL MATRIX ................................................................................ 4 B. IMPUGNED ORDER .............................................................................. 10 C. SUBMISSIONS OF THE PARTIES ...................................................... 16 i. Submissions on behalf of the Appellants. .................................................... 16 ii. Submissions on behalf of the National Commission for Protection of Child Rights (NCPCR). .......................................................................................... 18 iii. Submissions...
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2024 INSC722Non-reportable IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION Misc. Application No.1861 of 2023 with Interlocutory Application No.138072 of 2023 & Misc. Application No.1862 of 2023 with Interlocutory Application No.150965 of 2023 in WRIT PETITION (CRL.) No.166 OF2023Gagan Banga and another Writ Petitioners Versus The State of West Bengal and others Respondents JUDGMENT SANJAY KUMAR, J1 Writ Petition (Crl.) No.166 of 2023 was filed by Gagan Banga and Indiabulls Housing Finance Limited, New Delhi, under Article 32 of the Constitution of India, with the following prayers: - 1 In the facts and circumstances of the instant case, it is, therefore, most respectfully prayed that this Honble Court may graciously be pleased to: i. Issue a writ, order or direction in the nature of mandamus or any other appropriate writ or order thereby laying down appropriate guidelines to be followed by all including the police officials and Judicial Magistrate to desist from initiati...
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REPORTABLE2024INSC708IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos..OF2024(@ SLP(CRL.)NOs..OF2024@ DIARY No.18885 OF2024 BHAGWAN SINGH APPELLANT(S) VERSUS STATE OF U.P. & ORS. RESPONDENT(S) JUDGMENT BELA M. TRIVEDI, J.1. Delay condoned.2. Leave granted. PREFACE3 While the finest of the legal minds and legal eagles on the Bench and in the Bar of the Supreme Court are busy developing the best of the jurisprudence and laying down the best of the laws for the country, there are certain sinister cabal of unscrupulous litigants and a coterie of their counsellors, who are always busy in taking undue advantage of the systemic lacunae and in misusing the process of law, in turn damaging 1 the image of the Courts as also of the entire legal fraternity/legal profession. The huge quantum of work load in the Courts, limitations of the human agencies in manning the Justice Delivery System and the fertile minds of the unscrupulous litigants and their legal counsell...
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2024 INSC713REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.249/2013 SHOOR SINGH & ANR. Appellant(s) VERSUS STATE OF UTTARAKHAND Respondent(s) JUDGMENT MANOJ MISRA, J.1. This appeal is against the judgment and order of the High Court1 dated 26.04.2012, whereby, while affirming the conviction of the appellants under Sections 304-B and 498- A IPC2, the appeal3 of the appellants was partly allowed thereby reducing the sentence awarded by the Trial Court4 from 10 years to 7 years R.I. under Section 304-B IPC and 1 The High Court of Uttarakhand at Nainital 2 Indian Penal Code, 1860 3 Criminal Appeal No.87 of 2010 4 Sessions Judge, Pauri Gharwal Criminal Appeal No.249/2013 Page 1 of 20 maintaining the sentence of 1 year R.I. under Section 498-A IPC. FACTUAL MATRIX2 The appellants are father-in-law and mother-in-law, respectively, of the deceased (Neelam), who was daughter of Shanker Singh (PW-1) and Sarojini Devi (PW-2). The deceased was married t...
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- 1 - NC:2024. KHC:38865 CRL.P No.5694 of 2024 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION No.5694 OF2024BETWEEN:1. . SRI SURESHA AGED ABOUT35YEARS S/O VISHWANATHA POOJARY RESIDING AT HOUSE NO.3/39 MAJISITE MANE, POST: BOLIYAR MANGALURU, D.K. DISTRICT 574 153. 2 . SRI VINAYA KUMAR M., S/O SHANKARA NAYAK, AGED ABOUT38YEARS, RESIDING AT No.3-101, MAGANDADI HOUSE, BOLIYAR, MANGALURU, D.K. DISTRICT 574 153. 3 . SRI SUBHAS, S/O GOPALA PUJARI, AGED ABOUT41YEARS, RESIDING AT263/1, BORUGADDE HOUSE, MANGALURU TALUK, BOLIYAR, MANGALURU, D.K. DISTRICT 574 153. 4 . SRI RANJAN @ RANJITH S/O RAMAPPA POOJARY, AGED ABOUT36YEARS, RESIDING AT No.1-102, ODANA KATTE, BOLIYAR, MANGALURU, D.K. DISTRICT 574 153.-. 2 - NC:2024. KHC:38865 CRL.P No.5694 of 2024 5 . SRI DHANANJAYA, S/O BABU POOJARY, AGED ABOUT39YEARS, RESIDING AT No.1-14-3(1), KUMMOTU, BOLIYAR, MANGALURU, D.K. DISTRICT 574 153. ... PETI...
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- 1 - NC:2024. KHC:38869 CRL.P No.9909 of 2017 C/W CRL.P No.463 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE19H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION No.9909 OF2017(482(Cr.PC) / 528(BNSS)-) C/W CRIMINAL PETITION No.463 OF2018(482(Cr.PC) / 528(BNSS)-) In Crl.P.9909 of 2017 BETWEEN: SMT G.K. AKSHATA, AGED ABOUT35YEARS, W/O DR. K.J.RUDRADEV, R/AT No.38/58, BASAVA KRUPA. GOVINDAPPA ROAD, BASAVANAGUDI, BANGALORE-560004. ...PETITIONER (BY SRI: KRISHNAMURTHY G. HASYAGAR, ADVOCATE) AND V. RAGHAVENDRA, AGED ABOUT50YEARS, S/O OF SRI. VASUDEVACHAR, MANAGING PARTNER & AUTHORISED SIGNATORY M/S PIONEER DEVELOPERS, - 2 - NC:2024. KHC:38869 CRL.P No.9909 of 2017 C/W CRL.P No.463 of 2018 KANASU, 241/A, 1ST CROSSS, II BLOCK, III PHASE, BSK III STAGE, BENGALURU-560085. RESPONDENT (BY SRI. RAMESH P. KULKARNI., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE COMMON ORDER D...
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- 1 - NC:2024. KHC:38869 CRL.P No.9909 of 2017 C/W CRL.P No.463 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE19H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION No.9909 OF2017(482(Cr.PC) / 528(BNSS)-) C/W CRIMINAL PETITION No.463 OF2018(482(Cr.PC) / 528(BNSS)-) In Crl.P.9909 of 2017 BETWEEN: SMT G.K. AKSHATA, AGED ABOUT35YEARS, W/O DR. K.J.RUDRADEV, R/AT No.38/58, BASAVA KRUPA. GOVINDAPPA ROAD, BASAVANAGUDI, BANGALORE-560004. ...PETITIONER (BY SRI: KRISHNAMURTHY G. HASYAGAR, ADVOCATE) AND V. RAGHAVENDRA, AGED ABOUT50YEARS, S/O OF SRI. VASUDEVACHAR, MANAGING PARTNER & AUTHORISED SIGNATORY M/S PIONEER DEVELOPERS, - 2 - NC:2024. KHC:38869 CRL.P No.9909 of 2017 C/W CRL.P No.463 of 2018 KANASU, 241/A, 1ST CROSSS, II BLOCK, III PHASE, BSK III STAGE, BENGALURU-560085. RESPONDENT (BY SRI. RAMESH P. KULKARNI., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE COMMON ORDER D...
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- 1 - NC:2024. KHC:38515 CRL.A No.1058 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE19H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR CRIMINAL APPEAL No.1058 OF2011(C) BETWEEN: G. ANSAR PASHA S/O GAFFAR SAB, AGED ABOUT52YEARS, W/AS AREA MANAGER, NATIONAL SEED CORPORATION HASSAN, NOW AS ASSISTANT SEED OFFICER, NATIONAL SEEDS CORPORATION LTD., HEBBAL, BANGALORE-24, R/AT NO.294, 4TH PHASE, 5TH MAIN, 5TH CROSS, YELAHANKA NEW TOWN, BANGALORE. APPELLANT (BY SRI V. A. RAMA SHARMA, ADVOCATE) AND: STATE BY INSPECTOR OF POLICE CBI, REPRESENTED BY STANDING COUNSEL FOR CBI IN THE HON'BLE HIGH COURT, BANGALORE. RESPONDENT (BY SMT. RAMULA K, ADVOCATE FOR SRI P. PRASANNA KUMAR, PANEL ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION3742) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:03.10.2011 PASSED BY THE XXXII ADDL. C.C. AND S.J., AND SPL. JUDGE FOR CBI CASES BANGALORE IN SPL.C.C. NO.57/04 CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S120 R/W...
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