Investigation under Section 156(3) of CrPC can be ordered before taking cognizance of the offence: SC

The division bench of the Supreme Court comprising Justice Dr Dhananjaya Y Chandrachud and Justice M.R. Shah reiterated the Judgement of the Supreme Court in Sushila Aggarwal versus. State (NCT of Delhi) where the court held that “while granting the order of anticipatory bail the court has to take into account of the role of […]

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Criminal proceedings against encroachment on land of Gram Sabha can be taken together under Section 67 of Revenue Code: Allahabad High Court

The Allahabad High Court on September 23 said that criminal proceedings against encroachment on the land of Gram Sabha can be taken together under Section 67 of the Revenue Code, under Section 3/4 of the Prevention of Damage to Civil and Public Property Act. A Single Bench of Justice Yogendra Kumar Srivastava passed this order, while hearing an application filed under Section 482 of the Code of Criminal Procedure, 1973 by one Srikant, seeking to quash the charge sheet dated May 14, 2015 as well as the cognizance order dated April 6, 2016 and also the entire proceedings of case under Section 3/4 of the Prevention of Damage to Public Property Act, 1894, registered at Police Station Jigna, District Mirzapur, pending before the 4th Additional Civil Judge (Junior Division), Mirzapur. The records of the case indicate that the criminal proceedings were initiated, pursuant to an FIR dated March 26, 2015 lodged against the applicant, which was registered as case under Section 3/4 of PDPP ...
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Touching private parts of minor, kissing on lips does not amount to offence under Section 177 of IPC: Bombay High Court

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The Bombay High Court has observed that touching private parts of a minor and kissing on lips do not amount to unnatural offence under Section 377 of the Indian Penal Code. A Single-Judge Bench of Justice Anuja Prabhudessai made the remarks, while granting bail to an accused, after noting that the POCSO offences with which the accused was charged, were punishable with maximum imprisonment up to five years and the accused had been in custody for almost a year. It noted that the statement of the victim as well as the First Information Report prima facie indicated that the Applicant had touched the private parts of the victim and had kissed his lips. Section 377 defines unnatural offences as voluntarily having carnal intercourse against the order of nature with any man, woman or animal and the punishment is imprisonment for life or imprisonment of either description for a term extending up to 10 years, noted the Bench. It added that the section clarifies that penetratio...
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Punjab and Haryana High Court disposes of PIL seeking phasing-out of alcohol sale in Punjab

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The Punjab and Haryana High Court disposed of a Public Interest Litigation (PIL) filed seeking phasing-out of the sale of alcohol in the State of Punjab based on certain reports obtained by it. The PIL has been filed by one legal trust. After arguing at length, the Petitioner prayed for and is permitted by the High Court to approach the respondent-authorities by filing a detailed representation as it has not done so till date. Avinit Avasthi, Assistant Advocate General, Punjab, submitted before the High Court that in case the petitioner does so, the respondent-authorities shall look into the matter and take a decision thereon in accordance with law. In view of the aforesaid, the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli disposed of the Petition. The post Punjab and Haryana High Court disposes of PIL seeking phasing-out of alcohol sale in Punjab appeared first on India Legal . from India Legal https://ift.tt/f0HZxRz
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