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Criminal procedure

OM PRAKASH YADAV versus NIRANJAN KUMAR UPADHYAY & ORS.

On the materials before the Court, the High Court erred in quashing the proceedings for want of sanction under Section 197 CrPC; where a police official is alleged to have lodged a bogus FIR and fabricated evidence there is no reasonable nexus with official duty so as to attract Section 197; respondent no.1 was not posted at the Murar Police Station at the relevant time and thus sanction was not required as to him; as to respondent nos.3,4,5, if prosecution proves they registered a false case they cannot claim protection under Section 197, but the defence must be given opportunity to rebut; t…

Source excerpt

  • Section 197 crpc
  • Sanction for prosecution
  • Bogus fir
  • Quashing of proceedings
  • Cognizance by magistrate
  • Acting or purporting to act in discharge of official duty
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Constitutional law

S. NAMBI NARAYANAN versus SIBY MATHEWS & OTHERS ETC.

The prosecution and arrest of the appellant were found to be malicious and lacking proper basis, amounting to a grave violation of his fundamental rights under Article 21, including his dignity and reputation; the Court held that public law remedy by way of compensation is warranted, and directed the State to pay Rs. 50 lakhs to the appellant. Furthermore, a Committee headed by a former Supreme Court Judge is to be constituted to consider further steps against erring officials.

Source excerpt

  • Article 21 – right to life and dignity
  • Malicious prosecution
  • Custodial torture and mental agony
  • Compensation for fundamental rights violation
  • Police misconduct
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Criminal law

STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, MUMBAI, MAHARASHTRA versus SANVLO NAIK & ANR.

The acquittal of the accused-respondents under Section 304 Part II read with Section 34 IPC is not legally sustainable as the plea of alibi is unsubstantiated, the documentary records were found to be manipulated, and the circumstances establish the accused were responsible for the injuries causing the custodial death. The accused, as police personnel, abused their position and are liable for maximum sentence under the relevant section.

Source excerpt

  • Custodial death
  • Appeal against acquittal
  • Plea of alibi
  • Falsification of documents
  • Section 304 part ii read with section 34 ipc
  • Police misconduct
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Police reforms

MONICA KUMAR & ANR. versus STATE OF U.P. & ORS.

The proceedings arising out of the FIR and chargesheet against the petitioners were quashed. Despite some exaggeration in petitioners' account, the police were found to have exerted undue pressure and committed misconduct. The petitioners are to be provided adequate protection from police officials, and the previous disciplinary action against police was found insufficient.

Source excerpt

  • Police misconduct
  • Rights of citizens
  • Article 32
  • Disciplinary proceedings
  • Quashing of fir
  • Police brutality
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Criminal law

CHARANJIT & ORS. versus STATE OF PUNJAB & ANR.

The conviction is justified as the evidence of the victim (PW-3), corroborated by PW-1 and PW-2, established torture and rape. The defence failed to produce relevant police records to substantiate its case. No proof of external pressure or contradiction. The Supreme Court found no miscarriage of justice in concurrent findings and refused to interfere under Article 136.

Source excerpt

  • Rape
  • Police misconduct
  • Evidence - testimony
  • Power under article 136 of the constitution
  • Concurrent findings
  • Section 145 evidence act
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Criminal law

RAGHUVANSH DEWANCHAND BHASIN versus STATE OF MAHARASHTRA & ANR.

Issuance of the non-bailable warrant in this case was manifestly unjustified given appellant's regular attendance and stature; courts must exercise caution and judgment when issuing non-bailable warrants. However, the police officer’s action, though motivated and deserving censure, was not per se unlawful given the warrant in his possession at the time. The High Court’s order awarding Rs. 2,000/- as costs was sufficient, and no further compensation or action was warranted. The expression 'non-bailable' can be endorsed on warrants for clarity, and such practice does not render them invalid.

Source excerpt

  • Non-bailable warrants
  • Compensation for violation of fundamental rights
  • Police misconduct
  • Processes to compel appearance
  • Article 21 – right to life and personal liberty
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Criminal law

RAVINDRA PAL SINGH versus SANTOSH KUMAR JAISWAL & ORS.

Given the apprehensions of undue influence by both parties and the need to ensure a fair trial free from local pressures, the case is to be transferred from Dehradun to the Court of Special Judge, CBI, Delhi.

Source excerpt

  • Transfer of criminal case
  • Police misconduct
  • Fair trial
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Criminal law

RAVINDRA PAL SINGH versus AJIT SINGH & ANR

The High Court committed serious error in granting bail to accused police officials without properly considering the seriousness of allegations, the potential for undue influence on prosecution witnesses, and the involvement of all accused in a fake encounter resulting in the death of the complainant's son.

Source excerpt

  • Bail
  • Fake encounter
  • Police misconduct
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Human rights law

JAWANT P. SANKPAL versus SUMAN GHOLAP & ORS.

There is sufficient material to uphold the Commission and High Court’s findings that the complainant’s son was subjected to custodial torture in violation of human rights, and there is no reason to interfere with the compensation and findings of the Human Rights Commission as affirmed by the High Court. Except for bare denial, the petitioner failed to refute the material supporting the complaint of torture.

Source excerpt

  • Custodial torture
  • State human rights commission
  • Police misconduct
  • Compensation for violation of human rights
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Criminal law

SHABBIR AHMED SHERKHAN versus STATE OF MAHARASHTRA

The appellant received money for a particular purpose, did not hand it over to concerned persons, and remained absent from duty without sanctioned leave. The conviction under s.409 IPC and sentence are upheld; there being no scope for interference.

Source excerpt

  • Criminal breach of trust
  • Conviction and sentence
  • Police misconduct
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.