This could happen more often! It really only requires an order by judges to do it, and those judges who don’t give such orders are responsible for the devil may care attitude of police. http://www.ptinews.com/news/742065_HC-orders-criminal-proceedings-against-police-officials New Delhi, Jun 25 (PTI) Pulling up the city police chief for not taking action against his erring officers, the Delhi High Court has issued direction for initiating criminal proceedings against three police personnel for falsely implicating a man in a criminal case. Justice S N Dhingra passed the order on a plea by Manjeet Singh Chug who alleged that police are trying to protect three officers by not acting against them despite directions given in this regard on behalf of the Lt Governor. "Registrar General … [Read more...] about Delhi HC orders initiates proceedings under CrPC 195 against police officers
CrPC
Innocence is a matter of trial – which will not finish in your lifetime!
http://www.indiankanoon.org/doc/1440610/ //////////// IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2010 [arising out of SLP(Crl.)No.3562 of 2009] K. NEELAVENI ..... APPELLANT VERSUS STATE REP. BY INSP. OF POLICE & ORS. .....RESPONDENTS J U D G M E N T HON. C.K. PRASAD, J. Leave granted. 1. The appellant-wife aggrieved by the order dated 29th September, 2008 passed by the High Court of Judicature at Madras in Criminal O.P. No. 23473 of 2008, whereby it had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code, has preferred this appeal seeking special leave to appeal. 2. Shorn of unnecessary details, the facts giving rise to the present appeal are that the appellant-wife K. … [Read more...] about Innocence is a matter of trial – which will not finish in your lifetime!
Applicability of section 340 of CrPC, and 194 of IPC etc
A case of perjury under CrPC 340 where even though some witnesses had given contradictory statements in civil and criminal cases between same parties, a perjury case under CrPC 340 was not allowed by high court, due mainly to technicalities about applicability of CrPC 340 to facts of the case. You can read the important points made bold in the full judgment below: CRM No.23818-M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.23818-M of 2009 Date of Decision: 4.09.2009 Smt.Sanjay Lata & Anr. ...Petitioners Vs. The State of Haryana & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.V.P.Singh, Advocate, for the petitioner. Mr.Rajeev Kawatra, Sr.DAG, Haryana. for respondent No.1. Mr.H.N.Mehtani … [Read more...] about Applicability of section 340 of CrPC, and 194 of IPC etc
Jaipur court allows prosecution for false document
It is commonly seen that Indian courts do not ‘encourage’ filing of cases of perjury (lying under oath), false allegation, false evidence etc, even though there are provisions in Indian Penal Code IPC and criminal procedure code CrPC for all these. Recent news shows that a Jaipur court has allowed prosecution for giving a forged and false document as evidence. It is a good start. http://www.rajasthanpatrika.com/city-news/jaipur/06022010/jaipur--news/78030.html जयपुर। मुख्य न्यायिक मजिस्ट्रेट जयपुर शहर ने किरायेदारी के फर्जी दस्तावेज तैयार करने के मामले में पिता-पुत्री समेत तीन लोगों के खिलाफ प्राथमिकी दर्ज करने का आदेश दिया है। अदालत ने परिवाद को विधायकपुरी थाने भिजवा दिया है। अदालत ने पृथ्वीराज नगर, महारानी फार्म निवासी परिवादी त्रिलोक माथुर के परिवाद पर यह आदेश दिए। परिवाद में … [Read more...] about Jaipur court allows prosecution for false document
False rape allegation can lead to prosecution under Perjury
The headline says it all. It should be common sense, but common sense is something people not expect from Indian courts, because to take just one example -- common sense, and jurisprudence says that "justice delayed is justice denied"... we know the rest.Now the full SC judgment below. Read the sentences in bold if you cannot read it all:--------------------------------------------------------------------IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONSPECIAL LEAVE PETITION (CRL.) NOS. OF 2008 (CRIMINAL MISC. PETITIONNOS.8515-8516 OF 2008) Mahila Vinod Kumar i ..... PetitionerVersusState of Madhya Pradesh .....Respondent JUDGMENTDr. ARIJIT PASAYAT, J.1. Heard learned counsel for the petitioner.2. Delay condoned.3. Though, we are not inclined to entertain the special … [Read more...] about False rape allegation can lead to prosecution under Perjury
Discharge under CrPC 239
This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused is to be discharged. Full judgment below with important points in bold: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=A&judgmentID=42311 HIGH COURT OF … [Read more...] about Discharge under CrPC 239