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New Indian Express
15 hours ago
- Politics
- New Indian Express
Telangana HC notice to Naveen Mittal in evacuee property NOC case
In the second petition, Agarwal contested a decision of the trial court which had kept in abeyance the cognisance proceedings against Mittal and other public servants due to the pending sanction under Section 197 CrPC. The petitioner alleged that the NOCs were issued illegally to third parties in criminal collusion with other accused persons. She claimed that forged and fabricated documents were used and that the NOCs were issued with false recitals. She also alleged that objections raised by her were recorded without her being served any notice or given an opportunity to be heard. The NOC proceedings allegedly went so far as to declare the title and possession in favour of the applicants, effectively undermining her own claim to the property. Agarwal asserted that the entire process was aimed at misclassifying the disputed land as 'non-evacuee' property, thereby nullifying her title which is based on GO No 388 dated December 20, 1954. This government order had declared the subject land as evacuee property, forming the basis of her claim. The two writ petitions came up for hearing before separate Single Judge Benches — one headed by Justice K Lakshman and the other by Justice N Tukaramji. After hearing the submissions, both benches issued notices to Mittal.
Business Recorder
20 hours ago
- Politics
- Business Recorder
Illegal weapons, liquor case: Gandapur's non-bailable arrest warrants suspended
ISLAMABAD: A local court on Thursday suspended the non-bailable arrest warrants issued for Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur in a case related to alleged possession of illegal weapons and liquor. Judicial Magistrate Mubashir Hussain Chishti, while hearing the case registered at Bhara Kahu police station, suspended Gandpur's warrants. Gandapur appeared before Mubashir Hassan Chishti along with his legal team, marking his first appearance in the case after issuance of his warrant. During proceedings, Gandpur's counsel Raja Zahoorul Hasan told the court that his client personally appeared before the court. He informed the court that the Peshawar High Court (PHC) had already granted interim bail to the chief minister until July 3. He requested the court to suspend the non-bailable arrest warrants following Gandapur's court appearance. In response, the court asked about the submission of a statement under Section 342 of the Criminal Procedure Code (CrPC), to which Gandapur assured that the required responses would be submitted after the presentation of the provincial budget. The court approved Gandapur's request and suspended the non-bailable arrest warrants and adjourned the hearing until July 2. It is pertinent to mention here that the court had issued an arrest warrant for Gandapur on September 4, 2024 for not appearing before the court. Gandapur, while talking to the media after appearing before the court, criticised the ongoing legal actions against Pakistan Tehreek-e-Insaf (PTI) leadership and party workers. He stated that numerous cases against the PTI founding chairman and workers are wasting their time and energy. 'These cases are wasting the time and energy of our leadership and workers,' he said, adding that 'once the judiciary is truly independent and all institutions operate within constitutional limits, such challenges will naturally end.' He condemned the recent Israeli attacks on Iran and Palestine and expressed solidarity with both nations. Gandapur also expressed a desire to witness and participate in 'Ghazwa-e-Hind.' To a question about US President Donald Trump and Chief of Army Staff (COAS) Field Marshal Syed Asim Munir's meeting, he said that he had no information and therefore could not comment. Copyright Business Recorder, 2025
Time of India
2 days ago
- Time of India
Consensual ties turning bitter can't warrant rape charges, rules Chhattisgarh HC
The Chhattisgarh High Court nullified a rape charge against a man. The court observed the relationship was consensual. It stated a souring consensual relationship isn't grounds for criminal proceedings. RAIPUR: The Chhattisgarh High Court has set aside a charge framed under Section 376 of the Indian Penal Code (IPC) against a man, observing that the relationship between the complainant and the applicant was consensual. The court emphasized that a consensual relationship turning sour cannot be a ground for invoking criminal proceedings. Chief Justice Ramesh Sinha noted that a consensual relationship going bad or partners growing distant does not justify invoking the criminal machinery of the State. Such conduct, he observed, not only burdens the courts but also tarnishes the reputation of an individual with the stigma of a heinous offence. The court allowed the criminal revision petition filed by the man, thereby setting aside the order dated July 3, 2021, passed by the Additional Sessions Judge (FTC), Raigarh, which had framed rape charges against him in the sessions trial. The applicant, a resident of Tikrapara, Raipur, had challenged the framing of the charge. His counsel argued that the trial court had erred in framing the charge without considering the details of the investigation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Memperdagangkan CFD Emas dengan salah satu spread terendah? IC Markets Mendaftar Undo It was submitted that statements of neighbours recorded under Section 161 of the Criminal Procedure Code (CrPC), which were annexed with the charge sheet, indicated that the applicant and the complainant cohabited as husband and wife in a consensual relationship. The complainant, a housewife originally from West Bengal, had lodged a report on March 3, 2020, at Chakradhar Nagar Police Station, Raigarh. She alleged that after her marriage, she moved to Bilaspur where she met the applicant at an NGO office. According to her, the man promised to keep her as his wife, rented a separate house, and sexually exploited her since 2008. She further stated that she later moved to Raigarh with her children and continued to live with the man, who allegedly continued to sexually abuse her under the false promise of marriage. The applicant's counsel pointed out that the complainant was already married, having solemnised her marriage in 1991. It was further submitted that her statement under Section 164 of the CrPC, recorded before the Judicial Magistrate First Class, Raigarh, as well as a complaint she filed at the Sakhi One Stop Center, Raigarh, on February 4, 2020, clearly identified the applicant as her husband. In that complaint, she stated that she had a "love marriage" with him twelve years ago and had three children from the relationship. She had sought advice to ensure that her husband fulfilled his marital obligations. Additionally, the applicant's counsel informed the court that he had lodged a complaint with the Inspector General of Police, Bilaspur, on February 25, 2020, regarding the complainant's conduct and inconsistencies in her government identification documents. The documents reportedly showed her using different names and identifying herself as the applicant's wife on several official records. The High Court observed that the complainant had been residing with the applicant since 2008 with her own consent and had engaged in a consensual physical relationship. It also noted that she had changed her husband's name to that of the applicant on government ID cards, reinforcing the view that she had willingly lived with him. The court reiterated that there is no universal formula for determining whether consent was voluntary or given under a misconception, and that each case must be assessed on its unique facts and surrounding circumstances. Concluding that the applicant had made a valid case for judicial interference, the High Court quashed the rape charge against him.
Hindustan Times
2 days ago
- Hindustan Times
Child custody case: Allahabad HC directs Maharashtra DGP, Pune CJM to declare father absconder
The Lucknow bench of the Allahabad high court has directed the Maharashtra director general of police (DGP) and the Pune chief judicial magistrate (CJM) to initiate proceedings under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to declare a man an absconder after he repeatedly failed to produce his three-year-old child before the court in a habeas corpus plea filed by the child's mother. Justice Rajeev Singh, presiding over the vacation bench, on June 12 also ordered the attachment of the father's property under Sections 84 and 85 of the BNSS (corresponding to Sections 82 and 83 of the CrPC), emphasising the urgency of securing his appearance. The court listed the matter for the next hearing on August 1, 2025. The petitioner, the child's mother, had approached the court last year alleging that the father, originally from Ayodhya and currently residing in Pune, had taken away the child illegally from her lawful custody and denied her access to the child. She maintained that only she could care for the child due to the child's age and well-being. The court expressed strong displeasure over the father's conduct, noting that although he appeared on some earlier dates, he later began evading the court. Despite multiple directions, he has failed to present the child, prompting the bench to issue a non-bailable warrant (NBW) on a previous occasion. However, when Pune police attempted to execute the NBW, they found the father missing, and a missing person report was filed by his mother. The court further ordered the senior registrar to communicate its June 12 order/ directions to the Maharashtra DGP and the Pune CJM for immediate compliance.
Indian Express
4 days ago
- Indian Express
2015 Verka case: Cops in civilian clothes firing at vehicle occupant cannot be considered official duty, says SC
Police personnel 'surrounding a civilian vehicle in plain clothes and jointly firing upon its occupant by its very nature bears no reasonable nexus to the duties of maintaining public order or effecting lawful arrest,' the Supreme Court observed in its April 29 order, dismissing the plea of nine Punjab policemen, challenging the Punjab and Haryana High Court's order of May 20, 2019 where it refused to quash the murder case against them in a 10-year-old alleged fake encounter case. 'The availability of official firearms, or even an erroneous official objective, cannot transmute acts wholly outside the colour of authority into those 'done while acting or purporting to act in the discharge of official duty',' the detail SC order uploaded recently reads. According to the case, on June 16, 2015, a police team, travelling in a Bolero, an Innova and a Verna, intercepted a white Hyundai i20 on the Verka-Batala road in Amritsar, Punjab. After giving a brief warning, they allegedly opened fire on the car using pistols and AK-47 rifles, killing driver Mukhjit Singh, alias Mukhha. The complainant (then riding a motorcycle nearby) and another witness claimed to have seen the shooting and raised an alarm that drew locals to the spot. The complaint alleged that after the firing incident, the then Deputy Commissioner of Police (DCP) Parmpal Singh arrived at the scene with additional personnel and ordered the removal of the vehicle's registration plate. Hearing the matter, the division bench of Justices Vikram Nath and Sandeep Mehta restored the charge of 'destruction of evidence' against DCP Parmpal Singh, observing 'actions taken under the guise of official duty, but aimed at obstructing justice, cannot be deemed related to police duty'. The court also clarified that 'no prior sanction is required to prosecute DCP Parmpal Singh and the other police officials for their alleged actions'. The bench rejected the submission of eight police personnel that cognisance of the complaint against them cannot be taken as it was barred under Section 197 of CrPC under which prior permission was needed to prosecute public servants. 'An act that is per se directed to erasing a potential exhibit, if ultimately proved, cannot be regarded as reasonably connected with any bona-fide police duty. The test consistently applied by this Court is whether the impugned act bears a direct and inseparable nexus to official functions. We believe that where the very accusation is suppression of evidence, the nexus is absent on the face of the record. In such a situation the bar of Section 197 CrPC is not attracted, and sanction is not a condition precedent to cognizance. The cloak of official duty cannot be extended to acts intended to thwart justice as held by this Court in Gauri Shankar Prasad v State of Bihar,' the SC order reads. 'The part of the impugned order of the High Court dated 20.05.2019 that set aside Criminal Complaint No. 112 of 2016 and the summoning order of 17.08.2017 in respect of Deputy Commissioner of Police Parampal Singh, is set aside. Proceedings against the respondent stand restored, to be continued in accordance with law,' the order reads. In the separate petition by the rest of the eight officials, the court said, 'The contention that the death, even if established, resulted from a mistaken identity and therefore attracts no culpability is a matter of defence; whether the petitioners acted in good faith, or whether they fired at all, are questions of fact that can only be resolved on evidence at trial. At the stage of summoning or of framing of charges the Court is not expected to weigh the probative value of the materials in microscopic detail but merely to see whether the facts, taken at their face, disclose the commission of an offence. The order of the Magistrate summoning the petitioners, and the subsequent order of the Sessions Court framing charges, proceed on an appreciation that there exists prima facie evidence of concerted firearm assault. No error of law or perversity of approach is shown. Therefore, we are not inclined to interfere with the impugned judgment and order. The Special Leave Petitions are, accordingly, dismissed.' After the victim's family reached the court, Parmpal Singh was summoned into the case. Besides, Parmpal Singh, eight other police personnel had challenged the HC order of May 20, 2019, wherein the court refused to quash the case registered against them, in the Supreme Court. Human rights activist and lawyer Sarabjit Singh Verka said, 'The SC order was uploaded on June 15. The order has opened the doors for justice the victim's family has been seeking for a decade.' G Nageswara Rao, then Inspector General of Police (Crime), Punjab, headed the Special Investigation Team (SIT) inquiry into FIR No. 242 dated June 16, 2015, registered under section 307 (attempt to murder) of the Indian Penal Code (IPC) and sections 25 and 27 of the Arms Act. Based on the findings, the SIT concluded that the allegations made in the FIR against the deceased, Mukhtjit Singh, alias Mukha, relating to offences under IPC section 307 and the Arms Act, were not substantiated. Instead, the SIT recommended filing a police report under section 173(2) of the CrPC for offences punishable under Section 304, read with Section 34 of the IPC, against several police officials. These include SI Ramesh Kumar (No. 1382/GSP), ASI Joginder Singh (No. 2639/ASR), HC Ranbir Singh (No. 821/ASR), HC Rajesh Kumar (No. 3564/ASR), HC Sandeep Kumar (No. 2176/ASR), HC Jasbir Singh (No. 669/ASR), C-II Navjot Singh (No. 2895/ASR), and Ct. Satwinderjit Singh (No. 3894/ASR). The report also mentioned that the prosecution would require necessary sanctions under Section 197 of the CrPC. Additionally, the SIT noted procedural violations and recommended departmental action against other officers. 'Ct. Love Kumar (No. 3568/ASR) was found to have allowed HC Rajesh Kumar to use his issued AK-47 rifle (No. 88320625) during the incident. Both officers were recommended for departmental action for this lapse. Furthermore, MHC Baljit Singh (No. 70/ASR) was found to have permitted the misuse of a Malkhana vehicle (PB-08-BP-4613) by SI Ramesh Kumar. Similarly, HC Kanwaljit Singh (No. 1957/ASR), in charge of the Cyber/Computer Cell, misused another official vehicle, a Verna car (PB-33A-7979). Departmental action was recommended in both these cases,' the SIT recommended.
