This order concerns bail applications in two criminal cases (Mis. Cr. Case Nos. 2206/2021 and 2213/2021) arising from a common order by a Sessions Judge denying bail. The cases relate to a comedy show organized on January 1, 2021 during which allegedly objectionable remarks were made against Hindu deities and a political leader, hurting religious sentiments. The prosecution claims video evidence supports the allegations. The applicants claim the allegations are false and the content did not intend to hurt sentiments. After considering the facts and arguments from both sides, the Court reserves its order.
- The petitioner, Nuzhat Perween, is seeking a writ of habeas corpus on behalf of her son Dr. Kafeel Khan, who has been detained under the National Security Act by the District Magistrate of Aligarh.
- Dr. Kafeel Khan addressed a gathering of protesting students at Aligarh Muslim University on December 12, 2019 regarding the Citizenship Amendment Act, after which a criminal case was registered against him for promoting enmity and disturbing public order. He was later arrested and granted bail by the Chief Judicial Magistrate of Aligarh on February 10, 2020.
- Despite the bail order, Dr. Kafeel Khan was not released from jail.
The appellant appealed against an order rejecting his application for temporary bail to attend the last rites of his deceased mother. The court heard the appeal and considered additional information provided in an affidavit. While the original reason for seeking temporary bail no longer applied due to time passed, the court found humanitarian grounds to grant temporary bail for the appellant to attend rituals and a condolence meeting for his mother scheduled on the anniversary of her death. The court ordered the appellant's release on temporary bail from August 13-21, 2021 subject to furnishing a bond and sureties, and reporting to police.
1. The document summarizes a court judgment from the High Court of Gujarat regarding criminal appeal case R/CR.A/1089/2021.
2. The appellant, Ashwinbhai @ Raj Ranchhodhbhai Poyala, had been convicted by a lower court for rape and offenses related to the Protection of Children from Sexual Offences Act for his relationship with the victim.
3. However, the High Court overturned the conviction after finding that the appellant and victim were in a consenting relationship, lived as husband and wife, and had two children together, so the case was more accurately an offense under the Child Marriage Act.
The petition seeks to quash an FIR registered for offenses of sexual harassment and intimidation on the grounds that the matter has been compromised between the parties. The court notes that while it has powers to quash cases even for non-compoundable offenses if compromised, this power must be exercised carefully. For serious offenses like rape, prosecution must continue as such offenses impact society, not just the victim. However, cases of a predominantly civil nature with complete settlement between parties may be quashed to secure justice and prevent abuse of process. The court must examine if conviction is likely and consider the nature and gravity of the offense to determine if quashing is appropriate.
Mayra alias vaishnvi_vilas_shirshikarn_and_anr_v__state_of_up_and_otherssabrangsabrang
This document summarizes 17 writ petitions pertaining to interfaith marriages contracted by petitioners in Uttar Pradesh, India. In each case, one petitioner converted religions in order to marry their partner of a different faith. They now seek protection from the state, apprehending threats from family members opposed to the interfaith unions. The state respondent argues the petitioners require district approval for their conversions and marriages. However, the petitioner's counsel argues citizens have the right to choose their own faith and partner without state interference. The court will analyze the relevant laws around conversion, marriage, and personal liberties in order to make a determination.
1. This document summarizes a court case involving a writ petition filed by two lesbian petitioners (S. Sushma and U. Seema Agarval) seeking police protection from their parents.
2. The petitioners had fled from Madurai to Chennai to escape pressure and opposition from their parents regarding their lesbian relationship. Their parents had filed missing person reports with the police.
3. The court held in-camera hearings and counseling sessions with the petitioners and their parents to better understand the situation. It was found that the petitioners were clear about their relationship, while the parents were concerned about societal stigma and their daughters' safety.
This document summarizes a court case regarding conditions in correctional facilities in Tamil Nadu and Puducherry during the COVID-19 pandemic. It notes that high powered committees oversaw the facilities and reports were filed. While Tamil Nadu's situation was under control, Puducherry had an alarming positive case rate among inmates, though all but two have now recovered. The court ordered that decisions by the committees be published online, contact between inmates and lawyers be allowed via video, and that the matter return for review in a week.
Mp hc abortion wp 14658 2021_final_order_10-aug-2021ZahidManiyar
The petitioner, a 19-year-old woman, filed a writ petition seeking permission to terminate her 12-week pregnancy. She alleged that the father, Rocky Shakya, had promised to marry her and they had consensual sex on this basis for several years. However, when she informed him of the pregnancy, he refused to marry her. The court dismissed the petition, finding that the sex was consensual as the petitioner was a major and aware of the consequences. It held that termination of pregnancy cannot be permitted in such cases under the Medical Termination of Pregnancy Act. The observations do not affect the ongoing criminal investigation.
- The petitioner, Nuzhat Perween, is seeking a writ of habeas corpus on behalf of her son Dr. Kafeel Khan, who has been detained under the National Security Act by the District Magistrate of Aligarh.
- Dr. Kafeel Khan addressed a gathering of protesting students at Aligarh Muslim University on December 12, 2019 regarding the Citizenship Amendment Act, after which a criminal case was registered against him for promoting enmity and disturbing public order. He was later arrested and granted bail by the Chief Judicial Magistrate of Aligarh on February 10, 2020.
- Despite the bail order, Dr. Kafeel Khan was not released from jail.
The appellant appealed against an order rejecting his application for temporary bail to attend the last rites of his deceased mother. The court heard the appeal and considered additional information provided in an affidavit. While the original reason for seeking temporary bail no longer applied due to time passed, the court found humanitarian grounds to grant temporary bail for the appellant to attend rituals and a condolence meeting for his mother scheduled on the anniversary of her death. The court ordered the appellant's release on temporary bail from August 13-21, 2021 subject to furnishing a bond and sureties, and reporting to police.
1. The document summarizes a court judgment from the High Court of Gujarat regarding criminal appeal case R/CR.A/1089/2021.
2. The appellant, Ashwinbhai @ Raj Ranchhodhbhai Poyala, had been convicted by a lower court for rape and offenses related to the Protection of Children from Sexual Offences Act for his relationship with the victim.
3. However, the High Court overturned the conviction after finding that the appellant and victim were in a consenting relationship, lived as husband and wife, and had two children together, so the case was more accurately an offense under the Child Marriage Act.
The petition seeks to quash an FIR registered for offenses of sexual harassment and intimidation on the grounds that the matter has been compromised between the parties. The court notes that while it has powers to quash cases even for non-compoundable offenses if compromised, this power must be exercised carefully. For serious offenses like rape, prosecution must continue as such offenses impact society, not just the victim. However, cases of a predominantly civil nature with complete settlement between parties may be quashed to secure justice and prevent abuse of process. The court must examine if conviction is likely and consider the nature and gravity of the offense to determine if quashing is appropriate.
Mayra alias vaishnvi_vilas_shirshikarn_and_anr_v__state_of_up_and_otherssabrangsabrang
This document summarizes 17 writ petitions pertaining to interfaith marriages contracted by petitioners in Uttar Pradesh, India. In each case, one petitioner converted religions in order to marry their partner of a different faith. They now seek protection from the state, apprehending threats from family members opposed to the interfaith unions. The state respondent argues the petitioners require district approval for their conversions and marriages. However, the petitioner's counsel argues citizens have the right to choose their own faith and partner without state interference. The court will analyze the relevant laws around conversion, marriage, and personal liberties in order to make a determination.
1. This document summarizes a court case involving a writ petition filed by two lesbian petitioners (S. Sushma and U. Seema Agarval) seeking police protection from their parents.
2. The petitioners had fled from Madurai to Chennai to escape pressure and opposition from their parents regarding their lesbian relationship. Their parents had filed missing person reports with the police.
3. The court held in-camera hearings and counseling sessions with the petitioners and their parents to better understand the situation. It was found that the petitioners were clear about their relationship, while the parents were concerned about societal stigma and their daughters' safety.
This document summarizes a court case regarding conditions in correctional facilities in Tamil Nadu and Puducherry during the COVID-19 pandemic. It notes that high powered committees oversaw the facilities and reports were filed. While Tamil Nadu's situation was under control, Puducherry had an alarming positive case rate among inmates, though all but two have now recovered. The court ordered that decisions by the committees be published online, contact between inmates and lawyers be allowed via video, and that the matter return for review in a week.
Mp hc abortion wp 14658 2021_final_order_10-aug-2021ZahidManiyar
The petitioner, a 19-year-old woman, filed a writ petition seeking permission to terminate her 12-week pregnancy. She alleged that the father, Rocky Shakya, had promised to marry her and they had consensual sex on this basis for several years. However, when she informed him of the pregnancy, he refused to marry her. The court dismissed the petition, finding that the sex was consensual as the petitioner was a major and aware of the consequences. It held that termination of pregnancy cannot be permitted in such cases under the Medical Termination of Pregnancy Act. The observations do not affect the ongoing criminal investigation.
This judgment involves two related matrimonial appeals. The High Court of Kerala upheld the family court's judgment granting a divorce to the wife on the grounds of cruelty by the husband. The court found that the husband treated the wife as a source of money, constantly harassing her and her family for funds. He mismanaged his real estate business and spent money lavishly. He also physically and sexually abused the wife, even during her pregnancy. The husband further levelled false allegations of adultery against the wife. Taking all the circumstances into account, the High Court dismissed the husband's appeal and upheld the divorce.
1. The case was registered against 5 accused from the USA - Ahmed Binadullah Ali, Khushida Yusuf, Mohd. Jamal, Rashida Binty Usup Ali, and Yu Sup for various offenses under the Epidemic Diseases Act, Disaster Management Act, and IPC for violating Covid-19 restrictions while being in Delhi in March 2020.
2. The prosecution examined 56 witnesses and relied on documents to prove the charges. The accused denied the charges and knowledge of the restrictions.
3. The prosecution argued that ingredients of the offenses were proven beyond reasonable doubt. However, the court had to determine if restrictions were adequately communicated and if accused had knowledge of them
This document summarizes a court case appeal regarding the rejection of a bail application.
The appellant, Harshvardhan Yadav, has appealed the rejection of his bail by the lower court in a rape case filed against him by the informant, a police constable. The appellant argues the sexual act was consensual while the prosecution claims it was rape.
The court discusses past judgments on similar cases to determine if the sexual act was consensual or rape. Specifically, it analyzes if there was consent given under misconception of fact. The court ultimately sides with the prosecution, finding the delay in filing the FIR reasonable and that rape was committed as described by the informant.
20201018 andheri mm court 20 tablighis acquitted(1)sabrangsabrang
This document summarizes a court case in Mumbai, India involving 10 individuals from Indonesia who were charged with violating lockdown orders issued due to the COVID-19 pandemic. The prosecution presented evidence from two witnesses, police officers who discovered the individuals at a local mosque on April 5, 2020, allegedly in violation of restrictions. The defense disputed the evidence and cited other court rulings that discharged defendants in similar cases. The judge considered the arguments from both sides to determine if the prosecution had sufficiently proven their case.
1) The appellant Karansinh Vaghela was detained under the Gujarat Prevention of Anti-Social Activities Act for offenses related to alcohol prohibition.
2) The High Court quashed the detention order, finding that a single offense was not sufficient to classify the appellant as a "bootlegger" under the law or show that his activities affected public order.
3) The Court held that detention requires more than a mere disturbance of law and order - it must be shown that the activities would affect the community or public interest more broadly. This was not established based on a single offense.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
The High Court of Bombay heard a suo moto petition regarding under-trial prisoners in Maharashtra correctional homes. The Court directed the State to provide crime rate data after a recent lockdown order and to consider suggestions from an intervenor group on prisoner transfers. The State was given time to respond and submit a plan to decongest overcrowded prisons by shifting prisoners based on valid reasons, with any applications to be decided within 48 hours. The matter was adjourned to a future date for the State's responses.
Madras hc bail denied jayraj benicks sept 17sabrangsabrang
The document is a court order from the Madurai Bench of the Madras High Court regarding bail petitions filed by S. Sridhar, who is accused no. 4 in two cases being investigated by the CBI regarding the custodial deaths of Benniks and his father Jeyaraj in Sathankulam police station. The court order denies bail to the petitioner, noting that prima facie evidence indicates he was present at the police station and instigated subordinates to torture the deceased, and that releasing him could influence witnesses and tamper with the investigation as it is still ongoing.
This document describes legal proceedings related to the bail application and writ petitions filed on behalf of Dr. P.V. Varavara Rao, an 81-year old undertrial prisoner accused of terrorism offenses. Rao has filed for bail and writ petitions on medical grounds citing his advanced age and health conditions. The document outlines the legal history of Rao's case and arrest, provides details of his medical conditions and treatment in prison, and describes the various bail applications and writ petitions filed seeking his release from custody on humanitarian grounds.
The High Court of Judicature at Bombay cancelled the anticipatory bail that had been granted to Mohit Subhash Chavan. The court found that the lower court's order granting bail was arbitrary and lacked sensitivity given the serious nature of the crimes, which included rape and sexual exploitation of a minor (Rinku Nana Pardhi) under the Protection of Children from Sexual Offences Act. The High Court determined that the lower court failed to properly apply legal principles in entertaining the anticipatory bail application. The anticipatory bail was quashed and Mohit Subhash Chavan was ordered to surrender immediately to the Investigating Officer.
Sc disclosure to media in crim cases order dec 17sabrangsabrang
The Supreme Court of India heard an appeal regarding the cancellation of anticipatory bail granted to the in-laws of a deceased woman named Deepti. The appellant argued that the High Court order granting anticipatory bail was incorrect based on the allegations in the FIR of dowry harassment and murder. It was argued that the investigation into Deepti's death was inadequate and did not consider the allegations of homicide. The respondents contended that the post-mortem report found Deepti died of suicide and that financial transactions between Deepti and her in-laws were business investments not related to dowry. The Court considered the submissions of both parties on the adequacy of the investigation and allegations in the FIR.
This document summarizes a court case regarding the procurement of Remdesivir injections during the COVID-19 pandemic. It discusses a criminal application filed by relatives of COVID patients seeking to intervene in the case on behalf of a Member of Parliament who helped procure injections. The court rejects their application, finding that they are not necessary to determine if the MP's actions followed legal procedures. The court examines documents from the District Collector regarding the approved purchase of 1700 injections through legal channels, which differ from claims about injections transported via private plane. The legality of the procurement methods is still under investigation.
The Supreme Court of India heard a contempt petition regarding the vaccination and rehabilitation of persons with mental illness.
The Court directed all states to vaccinate inmates of mental health institutions within 1 month and submit a progress report by October 15th. It noted issues with some states merely redesignating existing facilities as halfway homes instead of establishing new ones per court orders.
The Court highlighted problems with Maharashtra shifting patients to beggar homes and old age homes, directing proper relocation by November 30th. It also found fault with Uttar Pradesh redesignating old age homes as halfway homes.
To monitor progress, the Court ordered the Ministry of Social Justice and Empowerment to create an online dashboard with real
This document is a deed of settlement between Chan Chee Seng and Tan Gaik Suan, who are getting divorced. It outlines agreements regarding child custody, maintenance payments, division of property including a vehicle and bank accounts, costs of the divorce proceedings, and a statement that this settlement represents the final agreement between the parties. The wife will have primary custody of their minor child, and the husband will have visitation rights and pay monthly maintenance.
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss.For real time update Visit our social media handle.Read First India NewsPaper in your morning replace.Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
This document summarizes the key events and arguments in a criminal case regarding the death of a 12th standard student named "L" who attended a boarding school in Thanjavur, Tamil Nadu. It outlines the events leading up to "L" consuming pesticide and later passing away. It describes the police investigation and statements recorded. It discusses the petitioner's request to transfer the investigation and the objections raised by the additional public prosecutor. It also summarizes the intervenor's arguments defending the school and alleging domestic issues contributed to the child's death.
The Supreme Court of India heard a suo moto writ petition regarding problems faced by migrant workers during the COVID-19 pandemic.
The Court noted submissions from petitioners regarding inadequate distribution of dry rations, cooked food and cash transfers to migrant workers. States provided details of steps taken to help migrant workers, including transportation, food and registration processes.
The Court emphasized the need to complete registration of unorganized workers under new social security laws to help workers access welfare schemes. It directed the central government to file an affidavit with details on developing a national database for registration of all unorganized workers across states. The Court also stressed the need to effectively monitor welfare schemes to ensure benefits reach beneficiaries.
Delhi sessions court umar khalid handcuffs orderZahidManiyar
This document summarizes the court proceedings regarding applications to produce two accused persons, Umar Khalid and Khalid Saifi, in handcuffs. The court notes replies from jail superintendents, the DCP of Special Cell, and the DCP of the 3rd Battalion that suggest the applications lack merit as the prison rules do not mention handcuffing prisoners. As the accused are not convicted criminals or gangsters, the applications appear to have been filed without proper consideration. However, given new COVID protocols, the accused are no longer being produced in person in court, making the applications unnecessary at this stage. The court therefore dismisses the applications as not required.
This document is a court order from the High Court of Jharkhand regarding a bail application. It summarizes the arguments from both sides. The petitioner's lawyer argued that the petitioner was not named in the original FIR and no evidence was found against him during the investigation. The prosecution opposed bail, arguing the petitioner confessed to meetings at his home. However, the court found no material connecting the petitioner to the alleged crimes. Considering he has no criminal record and is a religious leader, the court granted bail with several conditions, including depositing his passport and using only one mobile phone.
1. The petitioners filed a writ petition seeking compensation for their illegal detention from October 12-21, 2020 in connection with a land dispute case.
2. Counter affidavits were filed by the four respondents. The respondent no. 1 (State Government) admitted mistakes were made and circulars were issued on January 30-31, 2021 to correct procedures for submitting police reports under Sections 107/116 of the CrPC.
3. The Court said it will not issue further directions as long as the new circulars are strictly implemented across Uttar Pradesh. It found the detention of the petitioners was arbitrary and a clear breach of their fundamental rights.
This document summarizes a Supreme Court of India judgment regarding appeals filed against orders granting bail to three accused in a murder case. The appellant argued the High Court erred in granting bail without considering the serious nature of the crimes and evidence against the accused. The State supported this view. The accused supported the High Court's judgments. The Supreme Court heard arguments from both sides and considered the law on factors relevant to bail.
This judgment involves two related matrimonial appeals. The High Court of Kerala upheld the family court's judgment granting a divorce to the wife on the grounds of cruelty by the husband. The court found that the husband treated the wife as a source of money, constantly harassing her and her family for funds. He mismanaged his real estate business and spent money lavishly. He also physically and sexually abused the wife, even during her pregnancy. The husband further levelled false allegations of adultery against the wife. Taking all the circumstances into account, the High Court dismissed the husband's appeal and upheld the divorce.
1. The case was registered against 5 accused from the USA - Ahmed Binadullah Ali, Khushida Yusuf, Mohd. Jamal, Rashida Binty Usup Ali, and Yu Sup for various offenses under the Epidemic Diseases Act, Disaster Management Act, and IPC for violating Covid-19 restrictions while being in Delhi in March 2020.
2. The prosecution examined 56 witnesses and relied on documents to prove the charges. The accused denied the charges and knowledge of the restrictions.
3. The prosecution argued that ingredients of the offenses were proven beyond reasonable doubt. However, the court had to determine if restrictions were adequately communicated and if accused had knowledge of them
This document summarizes a court case appeal regarding the rejection of a bail application.
The appellant, Harshvardhan Yadav, has appealed the rejection of his bail by the lower court in a rape case filed against him by the informant, a police constable. The appellant argues the sexual act was consensual while the prosecution claims it was rape.
The court discusses past judgments on similar cases to determine if the sexual act was consensual or rape. Specifically, it analyzes if there was consent given under misconception of fact. The court ultimately sides with the prosecution, finding the delay in filing the FIR reasonable and that rape was committed as described by the informant.
20201018 andheri mm court 20 tablighis acquitted(1)sabrangsabrang
This document summarizes a court case in Mumbai, India involving 10 individuals from Indonesia who were charged with violating lockdown orders issued due to the COVID-19 pandemic. The prosecution presented evidence from two witnesses, police officers who discovered the individuals at a local mosque on April 5, 2020, allegedly in violation of restrictions. The defense disputed the evidence and cited other court rulings that discharged defendants in similar cases. The judge considered the arguments from both sides to determine if the prosecution had sufficiently proven their case.
1) The appellant Karansinh Vaghela was detained under the Gujarat Prevention of Anti-Social Activities Act for offenses related to alcohol prohibition.
2) The High Court quashed the detention order, finding that a single offense was not sufficient to classify the appellant as a "bootlegger" under the law or show that his activities affected public order.
3) The Court held that detention requires more than a mere disturbance of law and order - it must be shown that the activities would affect the community or public interest more broadly. This was not established based on a single offense.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
The High Court of Bombay heard a suo moto petition regarding under-trial prisoners in Maharashtra correctional homes. The Court directed the State to provide crime rate data after a recent lockdown order and to consider suggestions from an intervenor group on prisoner transfers. The State was given time to respond and submit a plan to decongest overcrowded prisons by shifting prisoners based on valid reasons, with any applications to be decided within 48 hours. The matter was adjourned to a future date for the State's responses.
Madras hc bail denied jayraj benicks sept 17sabrangsabrang
The document is a court order from the Madurai Bench of the Madras High Court regarding bail petitions filed by S. Sridhar, who is accused no. 4 in two cases being investigated by the CBI regarding the custodial deaths of Benniks and his father Jeyaraj in Sathankulam police station. The court order denies bail to the petitioner, noting that prima facie evidence indicates he was present at the police station and instigated subordinates to torture the deceased, and that releasing him could influence witnesses and tamper with the investigation as it is still ongoing.
This document describes legal proceedings related to the bail application and writ petitions filed on behalf of Dr. P.V. Varavara Rao, an 81-year old undertrial prisoner accused of terrorism offenses. Rao has filed for bail and writ petitions on medical grounds citing his advanced age and health conditions. The document outlines the legal history of Rao's case and arrest, provides details of his medical conditions and treatment in prison, and describes the various bail applications and writ petitions filed seeking his release from custody on humanitarian grounds.
The High Court of Judicature at Bombay cancelled the anticipatory bail that had been granted to Mohit Subhash Chavan. The court found that the lower court's order granting bail was arbitrary and lacked sensitivity given the serious nature of the crimes, which included rape and sexual exploitation of a minor (Rinku Nana Pardhi) under the Protection of Children from Sexual Offences Act. The High Court determined that the lower court failed to properly apply legal principles in entertaining the anticipatory bail application. The anticipatory bail was quashed and Mohit Subhash Chavan was ordered to surrender immediately to the Investigating Officer.
Sc disclosure to media in crim cases order dec 17sabrangsabrang
The Supreme Court of India heard an appeal regarding the cancellation of anticipatory bail granted to the in-laws of a deceased woman named Deepti. The appellant argued that the High Court order granting anticipatory bail was incorrect based on the allegations in the FIR of dowry harassment and murder. It was argued that the investigation into Deepti's death was inadequate and did not consider the allegations of homicide. The respondents contended that the post-mortem report found Deepti died of suicide and that financial transactions between Deepti and her in-laws were business investments not related to dowry. The Court considered the submissions of both parties on the adequacy of the investigation and allegations in the FIR.
This document summarizes a court case regarding the procurement of Remdesivir injections during the COVID-19 pandemic. It discusses a criminal application filed by relatives of COVID patients seeking to intervene in the case on behalf of a Member of Parliament who helped procure injections. The court rejects their application, finding that they are not necessary to determine if the MP's actions followed legal procedures. The court examines documents from the District Collector regarding the approved purchase of 1700 injections through legal channels, which differ from claims about injections transported via private plane. The legality of the procurement methods is still under investigation.
The Supreme Court of India heard a contempt petition regarding the vaccination and rehabilitation of persons with mental illness.
The Court directed all states to vaccinate inmates of mental health institutions within 1 month and submit a progress report by October 15th. It noted issues with some states merely redesignating existing facilities as halfway homes instead of establishing new ones per court orders.
The Court highlighted problems with Maharashtra shifting patients to beggar homes and old age homes, directing proper relocation by November 30th. It also found fault with Uttar Pradesh redesignating old age homes as halfway homes.
To monitor progress, the Court ordered the Ministry of Social Justice and Empowerment to create an online dashboard with real
This document is a deed of settlement between Chan Chee Seng and Tan Gaik Suan, who are getting divorced. It outlines agreements regarding child custody, maintenance payments, division of property including a vehicle and bank accounts, costs of the divorce proceedings, and a statement that this settlement represents the final agreement between the parties. The wife will have primary custody of their minor child, and the husband will have visitation rights and pay monthly maintenance.
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss.For real time update Visit our social media handle.Read First India NewsPaper in your morning replace.Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
This document summarizes the key events and arguments in a criminal case regarding the death of a 12th standard student named "L" who attended a boarding school in Thanjavur, Tamil Nadu. It outlines the events leading up to "L" consuming pesticide and later passing away. It describes the police investigation and statements recorded. It discusses the petitioner's request to transfer the investigation and the objections raised by the additional public prosecutor. It also summarizes the intervenor's arguments defending the school and alleging domestic issues contributed to the child's death.
The Supreme Court of India heard a suo moto writ petition regarding problems faced by migrant workers during the COVID-19 pandemic.
The Court noted submissions from petitioners regarding inadequate distribution of dry rations, cooked food and cash transfers to migrant workers. States provided details of steps taken to help migrant workers, including transportation, food and registration processes.
The Court emphasized the need to complete registration of unorganized workers under new social security laws to help workers access welfare schemes. It directed the central government to file an affidavit with details on developing a national database for registration of all unorganized workers across states. The Court also stressed the need to effectively monitor welfare schemes to ensure benefits reach beneficiaries.
Delhi sessions court umar khalid handcuffs orderZahidManiyar
This document summarizes the court proceedings regarding applications to produce two accused persons, Umar Khalid and Khalid Saifi, in handcuffs. The court notes replies from jail superintendents, the DCP of Special Cell, and the DCP of the 3rd Battalion that suggest the applications lack merit as the prison rules do not mention handcuffing prisoners. As the accused are not convicted criminals or gangsters, the applications appear to have been filed without proper consideration. However, given new COVID protocols, the accused are no longer being produced in person in court, making the applications unnecessary at this stage. The court therefore dismisses the applications as not required.
This document is a court order from the High Court of Jharkhand regarding a bail application. It summarizes the arguments from both sides. The petitioner's lawyer argued that the petitioner was not named in the original FIR and no evidence was found against him during the investigation. The prosecution opposed bail, arguing the petitioner confessed to meetings at his home. However, the court found no material connecting the petitioner to the alleged crimes. Considering he has no criminal record and is a religious leader, the court granted bail with several conditions, including depositing his passport and using only one mobile phone.
1. The petitioners filed a writ petition seeking compensation for their illegal detention from October 12-21, 2020 in connection with a land dispute case.
2. Counter affidavits were filed by the four respondents. The respondent no. 1 (State Government) admitted mistakes were made and circulars were issued on January 30-31, 2021 to correct procedures for submitting police reports under Sections 107/116 of the CrPC.
3. The Court said it will not issue further directions as long as the new circulars are strictly implemented across Uttar Pradesh. It found the detention of the petitioners was arbitrary and a clear breach of their fundamental rights.
This document summarizes a Supreme Court of India judgment regarding appeals filed against orders granting bail to three accused in a murder case. The appellant argued the High Court erred in granting bail without considering the serious nature of the crimes and evidence against the accused. The State supported this view. The accused supported the High Court's judgments. The Supreme Court heard arguments from both sides and considered the law on factors relevant to bail.
1. This document summarizes a court case involving a writ petition filed by two lesbian petitioners (S. Sushma and U. Seema Agarval) seeking police protection from their parents.
2. The petitioners had fled from Madurai to Chennai to escape pressure and opposition from their parents regarding their lesbian relationship. Their parents had filed missing person reports with the police.
3. The court held in-camera hearings and counseling sessions with the petitioners and their parents to better understand the issues and facilitate understanding between the parties.
4. A counseling psychologist evaluated the parties and found that the petitioners were clear about their relationship but wished to maintain contact with their families, while the
The petitioner Pushpalatha S filed a petition against respondent Guruswamy S under Section 125(1) of CrPC seeking maintenance. The petitioner and respondent got married on 12-08-2010 in a mass marriage ceremony registered in the Sub-Registrar office of Chamarajanagar. However, the respondent left the petitioner and started living separately without reasonable cause after 2 months of marriage. The petitioner has no independent source of income and is unable to maintain herself. Hence, the petitioner requested that the respondent be directed to pay monthly maintenance of Rs. 5000 for her livelihood.
This include some important formats applicable in Indian courts and is very essential for Law Students.
These formats may even be translated to the local (scheduled) indian languages and may be used in the respective courts.
The document summarizes a court case regarding a complaint filed against individuals who depicted the Indian national flag on a cake at a Christmas celebration event.
1) The complainant felt depicting the flag on a cake that was later cut and consumed amounted to insulting the national flag, which is an offense under Indian law. However, police initially refused to file an FIR.
2) The complainant then filed a petition with a judicial magistrate seeking an order directing police to file an FIR. The magistrate took cognizance of the complaint but then improperly reverted to using powers under a different section of criminal law to direct police to investigate.
3) The court hearing the challenge to the magistrate's order found that once cogniz
The petitioners, who are the parents of the deceased's husband, were convicted of dowry harassment under Section 498A of IPC for beating and harassing the deceased and demanding jewels and money, which caused her mental agony and suicide. They filed this appeal seeking to suspend their sentence. The court notes that parents often escape liability by claiming they did not live with their son, but still induce him to demand dowry. While the petitioners claimed no possibility of dowry demands since they did not live together, the court found materials in the record to convict the petitioners and upheld their conviction and sentence, dismissing the miscellaneous petition.
The petitioners, who are the parents of the deceased's husband, were convicted of dowry harassment under Section 498A of IPC for beating and harassing the deceased and demanding jewels and money, which caused her mental agony and suicide. They filed this appeal seeking to suspend their 2-year sentence. While the petitioners argued there were inconsistencies in the prosecution's case and they never lived with the deceased, the court found materials in the record to show the petitioners induced their son to demand dowry. The court dismissed the petition, noting parents have a responsibility to properly raise their children and cannot escape liability by not living with them, and upheld the conviction given the nature of the offense.
1. The petition seeks to quash criminal proceedings against the second respondent who is facing trial for offenses under Section 366 IPC, Section 6 of POCSO Act, and Section 9 of Child Marriage Act.
2. The defacto complainant (mother of the victim) and the victim girl (who was in a relationship with the second respondent) have approached the court seeking to quash proceedings as they want the respondent and victim to get married.
3. The court examined the victim girl and her mother, and they both stated they do not want to continue with the criminal proceedings and want the case to be quashed so the victim can get married.
The document discusses a court order modifying an earlier order regarding the release of certain petitioners on bail. Specifically, it changes the wording of the earlier order to indicate that petitioners no.2, 6, 7 and 8 should be released on bail rather than petitioners no.1, 6, 7 and 8. The rest of the earlier order is to remain unchanged. The modification order was issued to correct discrepancies pointed out in the note for speaking to minutes.
This document summarizes a court case involving the conviction and sentencing of Vishnu Gore for raping and murdering a 5-year-old girl. The prosecution argued that Gore lured the girl to his home on October 27, 2016 and strangled her after sexually assaulting her. Her body was later found in a well. Gore was arrested and convicted based on witness testimony and forensic evidence. He was sentenced to death by hanging. Gore has appealed the conviction, arguing the evidence was insufficient. The court heard arguments from both sides over several days to determine whether to confirm the conviction and sentence.
Written Arguments for Anti Prostitution Matter on 31.10.2022 before Supreme C...Om Prakash Poddar
Present writ petition, under Article 32 of the Constitution, has been filed by the victim father of unseen minor daughter, viz., Shri Om Prakash for the issuance of appropriate writs or direction(s) of like nature against the respondents herein for the protection of his minor daughter who has been kidnapped on 15.04.2005 while she was inside the womb of her mother Reena Kumari (Guddi) age about 40 years from the rented house of Judge’s driver Mr. Pappu Yadav and Mr. Brajesh Yadav R/O Gali No. 12, Raj Nagar Part-2, Palam Colony, Palam Village Police Station, New Delhi-110077.
The grievance in the said writ petition is that after kidnapping his pregnant wife, on the one hand Petitioner is being pulled in the abuse of court process at Dwarka Court, Patiala House Court, Delhi High Court, Supreme Court of India at New Delhi and Begusarai Court, Patna High Court at Bihar and on the other hand sexual abuse of his families continued secretly by the State. For the first, Petitioner has caught his families into the mud of prostitution and illicit sex trade on 05.04.2021 at Shastri Park North East Delhi, which has resulted in W.P.(Criminal) No. 242/2021 before this Hon’ble Court. After identification of illicit sex trade of his families, Petitioner has submitted several written reports since then to till date every day before the officer in-charge of the police station concerned along with the concerned higher Police authorities of NCT of Delhi and State of Bihar who did not take any action on the same and did not register an FIR to recover the minor daughter. Moreover, steps were not taken either for apprehending the accused or for the recovery of the minor girl child.
1. The document summarizes a court case involving a petition filed by Mohd. Faiyyaz Mansuri challenging his detention under the National Security Act by the District Magistrate of Lakhimpur Kheri.
2. The grounds for detention included posting provocative content on Facebook aimed at provoking Hindu sentiments and disturbing public order. An FIR was registered and the petitioner was arrested.
3. The detention order was approved, confirmed, and extended on multiple occasions by various authorities. The petitioner argued the charges in the FIR did not warrant detention under the National Security Act.
Interlocutory Application dated 9.10.22 for Cancellation of NBW before SC.pdfOm Prakash Poddar
Recall the order dated 25.08.2010 and 08.09.2011, whereby Non-Bailaible Warrants were issued against the petitioner Om Prakash and his mother Asha Rani Devi by Begusarai Court under the judicature of Patna High Court in 9-P/2010 and 397c/2011 (Criminal Case Complaint (P) no. 5591/2013) case and Cancel the Non-Bailaible Warrants issued against the Petitioner and his mother to eradicate Prostitution and International Sex Racket.
Application (I.A.No.164340) for Non Bailable Warrant dated 01.11.2022 SC.pdfOmPrakashPoddar1
Non Bailable Warrant issued kept secret and maintained since 2010 to confiscate my Property, to push my families into prostitution and to kill my parents including me.
The Supreme Court of India heard a writ petition filed by Mohammed Zubair regarding several FIRs registered against him in Uttar Pradesh. In its order, the Court granted Zubair interim bail in six FIRs, transferred the investigation of these FIRs from the UP Police to the Delhi Police, and disbanded the SIT investigating the cases. The Court also stated that any new FIRs regarding the same subject matter would also be investigated by the Delhi Police and covered by the interim bail. Zubair was ordered to be released from custody by 6 pm that day upon filing personal release bonds of Rs. 20,000 for each FIR.
The document summarizes a court case involving 8 applicants from Myanmar who are facing criminal charges. The applicants arrived in India on tourist visas in March 2020 and informed authorities of their activities and locations. They are charged with violating their visa conditions by engaging in religious preaching, violating lockdown orders by residing together, and potentially spreading Covid-19. The court must determine if the charges against the applicants are valid based on the evidence and their visa conditions. Both sides present arguments, with the applicants claiming their activities were permitted and known to authorities, while the state argues the applicants engaged in prohibited religious preaching.
This document summarizes three bail petitions filed by foreign nationals who were arrested for violating visa rules and lockdown regulations during the COVID-19 pandemic. The petitioners argue they are entitled to bail as the investigation is still ongoing and final reports have not been filed within the statutory period. While the prosecution contends the petitioners should be detained in a special camp if bail is granted, the court notes the facilities in the proposed camp may not be adequate. The court ultimately grants bail to the petitioners on their own bonds.
Madras Hgh Court RSS rally order Nov 4.pdfsabrangsabrang
The document summarizes contempt petitions filed against respondents for disobeying a court order directing permission be granted for processions and public meetings. It discusses arguments from petitioners and respondents. The court found intelligence reports referenced old cases and was not sufficient grounds for rejection. However, 6 sensitive areas were recently impacted so permission was rightly rejected there for now. For other areas, the court found no reason to reject requests so contempt petitions will proceed. The court upheld the importance of freedom of speech and peaceful assembly in a democracy.
Written Arguments dated 17.10.2022 in Anti Prostitution Matter before SC.pdfOm Prakash Poddar
Writ petition, under Article 32 of the Constitution, has been filed by the victim father of unseen minor daughter, viz., Shri Om Prakash for the issuance of appropriate writs or direction(s) of like nature against the respondents herein for the protection of his minor daughter who has been kidnapped on 15.04.2005 while she was inside the womb of her mother Reena Kumari (Guddi) age about 40 years from the rented house of Judge’s driver Mr. Pappu Yadav and Mr. Brajesh Yadav R/O Gali No. 12, Raj Nagar Part-2, Palam Colony, Palam Village Police Station, New Delhi-110077. The grievance in the said writ petition is that after kidnapping his pregnant wife, on the one hand Petitioner is being pulled in the abuse of court process at Dwarka Court, Patiala House Court, Delhi High Court, Supreme Court of India at New Delhi and Begusarai Court, Patna High Court at Bihar and on the other hand sexual abuse of his families continued secretly by the State. For the first time, Petitioner has caught his families into the mud of prostitution and illicit sex trade on 05.04.2021 at Shastri Park North East Delhi, 11.05.2022 under the jurisdiction of Kadwa Police Station Katihar Bihar, 19.06.2022 under the jurisdiction of Lahori Gate Police Station Delhi-6; which has resulted in W.P.(Criminal) No. 242/2021 and W.P.(Criminal) D. No. 18546/2022 before this Hon’ble Court. After identification of illicit sex trade of his families, Petitioner has submitted several written reports since then to till date every day before the officer in-charge of the police station concerned along with the concerned higher Police authorities of NCT of Delhi and State of Bihar who did not take any action on the same and did not register an FIR to recover the minor daughter. Moreover, steps were not taken either for apprehending the accused or for the recovery of the minor girl child.
1. The families of prisoners held in Taloja Central Prison and Byculla Women's Prison wrote a letter regarding the discontinuation of weekly telephone interviews for family members when physical visits resume.
2. They expressed concern that discontinuing phone calls would cause problems for out-of-town family members who cannot easily travel to Mumbai for physical visits, as well as economically weak and elderly relatives.
3. The letter requested that phone interviews be allowed to continue in a hybrid model, where Mumbai-based relatives could choose a physical or phone visit, to ensure prisoners' right to communicate with family and advocates as guaranteed by the Indian Constitution.
The High Court of Tripura issued an order directing the State of Tripura Aids Control Society to be impleaded as a respondent. The State and Union of India were directed to issue guidelines to conduct a thorough research of all persons in State prisons to ascertain if any are infected with HIV. If any infected persons are found, necessary action must be taken for their treatment and care in accordance with law to prevent an epidemic. A report on the matter must be submitted to the court by November 9, 2021. The court also requested an Amicus Curiae to assist and oversee the matter.
Report vigilantism and attack on the freedom of religion in meerutZahidManiyar
This document summarizes an incident of communal violence and vigilantism in Meerut, Uttar Pradesh, India. It discusses the history of communal tensions and riots in Meerut dating back to the 1930s. On September 20, 2017, two members of the Jehovah's Witnesses religious group were invited into a Hindu man's home but then detained against their will for over an hour, assaulted, and handed over to the police with false allegations of forced conversion efforts. The police refused to register a complaint about the assault and illegally detained the victims overnight without medical treatment. The document analyzes this incident as an example of the shift in India to smaller scale vigilantism targeting religious minorities, with the tacit support
Christians under attack_in_india_reportZahidManiyar
The document provides a summary of attacks on Christians in India, including two specific incidents in Roorkee and Mau, Uttar Pradesh:
1) In Roorkee, a mob of 250-300 people attacked a church, injuring several attendees. Police did not provide security despite prior complaints.
2) In Mau, a mob accused Christians of conversion during a prayer meeting. Seven people including the pastor were arrested under anti-conversion laws.
It also lists other incidents of threats, violence and false accusations against Christians in various parts of Uttar Pradesh, Madhya Pradesh and other states, indicating growing targeted attacks against the Christian minority in India.
The document discusses an application for bail filed by Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. While the prosecution argues Imam's speeches incited violence, the judge found the evidence linking Imam's speeches to subsequent acts of violence by co-accused to be scanty and inconclusive. The judge granted Imam bail for offenses related to inciting violence but will further examine charges of sedition against Imam.
The document discusses a bail application hearing for Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. It notes that while the prosecution argues Imam's speeches incited violence, the defense argues there is no evidence linking Imam's words to any criminal acts. In its ruling, the court finds the evidence against Imam for abetting offenses to be insufficient and scanty.
This document summarizes a court case revision petition hearing. The judge stayed the operation of the previous court order from October 12, 2021 until the next hearing date of November 12, 2021. The revision petition notice was ordered to be issued to the respondents. The trial court record was reviewed and the special public prosecutor and police inspector were present to provide submissions.
This document is a court order from a case involving multiple accused persons. It summarizes proceedings from a hearing where the prosecution requested more time for further investigation into the case. The court allowed more time but imposed a cost of Rs. 25,000 to be split among the accused, noting delays in the investigation. It also ordered the Secretary of Home Affairs to inquire about responsibility for the costs being imposed and deducting the amount from the responsible officer's salary. The case was adjourned to a future date for further proceedings.
The Archbishop of Bangalore expresses concern over the Karnataka government's plan to survey Christian missionaries and places of worship. He argues that such surveys could unfairly target and endanger the Christian community. The Archbishop questions why only Christians are being surveyed, noting that Christians constitute a small percentage of the population. He calls on the government to respect constitutional protections of religious freedom and consider the educational and social services provided by Christian institutions instead of pursuing anti-conversion policies.
For website 211014 cjp-ncm complaint over muslim family in indore chairperson...ZahidManiyar
The complaint alleges that a Muslim family in Indore, Madhya Pradesh was attacked by a mob of 150 people associated with the RSS on October 9, 2021. The family was threatened and told to leave the village. Family members sustained head injuries and their house was ransacked. The police delayed registering an FIR and instead filed a counter-complaint against the family. The complaint cites other recent incidents of violence and harassment against Muslims in Indore and calls on the National Commission for Minorities to investigate and take action to prevent further attacks.
For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)ZahidManiyar
The complaint alleges that on October 10, 2021 in Mau, Uttar Pradesh, two incidents occurred where Christian religious gatherings were disrupted by Hindu nationalist mobs. In one incident, two nuns were attacked, dragged to the police station and detained for hours on baseless allegations of religious conversion. In another incident, a Christian prayer service was raided and the pastor and congregants were taken to the police station. The complaint urges the National Commission for Minorities to investigate these attacks, ensure protection for religious minorities, condemn the attacks and pressure authorities to take swift action. It notes a pattern of increasing attacks on Christians in India by Hindu nationalist groups.
For website 21103 cjp ncm complaint over nun attacks to chairperson (1)ZahidManiyar
1. Citizens for Justice and Peace wrote to the National Commission for Minorities regarding two attacks on Christians in Mau, Uttar Pradesh on October 10, 2021. In the first incident, a mob attacked two nuns and their driver at a bus stand and took them to the police station. In the second incident, a mob disrupted a Christian prayer service and took the pastor and worshippers to the police station.
2. The letter requests that the Commission conduct an inquiry into the attacks, ensure protection for religious minorities, condemn the attacks and urge police to take action, and issue guidelines for dealing with communally motivated attacks. It argues that such attacks violate constitutional rights and aim to subjugate minority communities through fear.
The document is a response letter from the All India Union of Forest Working People (AIUFWP) regarding the draft EIA Notification 2020. The key points made in the letter are:
1) The AIUFWP demands a complete withdrawal of the draft EIA Notification 2020 as it weakens environmental protections and public participation in decision making.
2) The draft was released during a national lockdown without proper accessibility or consideration of forest communities who will be most impacted.
3) Weakening environmental regulations could exacerbate future pandemics by further damaging nature.
4) The draft favors industries and projects over environmental protection by reducing scrutiny and exempting many from public hearings and consent requirements.
The applicant Maulana Fazlul Karim Qasimi was arrested in August 2021 for a Facebook post expressing the view that the Taliban in Afghanistan are not terrorists. The applicant's lawyer argued that the court had granted bail to someone in a similar case for expressing such an opinion. While reviewing the case diary, the court found nothing incriminating against the applicant beyond the Facebook post. Given the lack of other evidence, the court doubted if the post alone constituted a cognizable offense. Therefore, the court directed that the applicant be released on bail on furnishing a bond, finding further custody unnecessary in this case.
The document is a 3-page court order from the Gauhati High Court regarding a bail application filed by Maqbool Alam, who was charged with several offenses including praising a terrorist organization on Facebook. The court heard arguments from Alam's lawyer and the public prosecutor. Upon reviewing the Facebook posts and finding that they did not require further custodial interrogation, the court granted bail to Alam subject to furnishing a bond and ensuring he does not interfere with the investigation.
The Kashmiri Pandit Sangarash Samiti (KPSS) wrote a letter to the Lieutenant Governor of Jammu and Kashmir regarding the security of non-migrant Kashmiri Pandits and Hindus living in the Kashmir Valley. KPSS has submitted communications over the past year requesting a meeting about this issue, but their requests have been ignored. Over the past 10 days, intelligence reports indicate prominent Kashmiri Pandit/Hindu businessmen will be targeted, and one was killed on October 5th. KPSS warns that if another Pandit/Hindu is killed due to administrative and security failures, they will file a petition with the International Human Rights Commission and launch a signature campaign against the administration for neglect
Lakhimpur kheri press statement from ct_us_06102021ZahidManiyar
The Central Trade Unions strongly condemned the killing of farmers protesting in Lakhimpur Kheri, Uttar Pradesh. They demanded the resignation of the Minister of State for Home and stringent punishment for the culprits. The trade unions also condemned the police for preventing opposition leaders and union leaders from visiting the families of the deceased. They reiterated their support for farmers in their struggle against the farm laws.
This document summarizes a court order from a Public Interest Litigation case in the State of Uttar Pradesh, India. The order lists several related cases to be heard together on October 22nd. It notes that two specific cases were not listed as directed in a previous order and threatens action against the responsible registry officer. It also directs the respondents to provide the petitioner's counsel a copy of the counter affidavit filed in connected writ petitions.
The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
The document summarizes the key details from a court case involving multiple complaints related to riots in North-East Delhi. It notes that two of the complaints could not have been clubbed together in this case based on the details provided. For the third complaint by Nisar Ahmed, it provides context on his repeated attempts to file complaints with the police about the riots he witnessed on two separate dates, and the threats he faced which led him to approach the court. The court ultimately allowed his petition to have his complaint registered as a separate FIR and not treated as part of this case, based on the details he provided about the two separate dates of incidents.
04062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
1. 1
Mis. Cr. Case Nos.2206 & 2213/2021
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
Mis. Cr. Case No.2206/2021
Munnawar S/o Iqbal Faruqui
Vs.
State of Madhya Pradesh
---------------------------------------------------------------------------------------
Shri Vivek Tankha, Sr. Advocate assisted by Shri Anshuman
Shrivastava, Advocate for the applicant.
Shri Amit Sisodiya, Public Prosecutor for the respondent/State.
S/Shri Romil Verma, Manish Gupta and Rajesh Joshi, Advocates
for the objector.
---------------------------------------------------------------------------------------
AND
Mis. Cr. Case No.2213/2021
Nalin S/o Shri Dharmendra Yadav
Vs.
State of Madhya Pradesh
---------------------------------------------------------------------------------------
S/Shri Anshuman Shrivastava and Soumil Ekadi, Advocates for
the applicant.
Shri Amit Sisodiya, Public Prosecutor for the respondent/State.
Shri Rajesh Joshi, Advocate for the objector.
---------------------------------------------------------------------------------------
Reserved on: 25/01/2021
ORDER
(28/01/2021)
Rohit Arya, J.,
Both Mis. Cr. Cases Nos.2206/2021 and 2213/2021 arise
out of common order passed by First Additional Sessions Judge,
Indore dismissing their bail application.
As both the cases arise out of common order, they are
being disposed of by this singular order.
For the sake of convenience, the facts of Mis. Cr. Case
No.2206/2021 have been considered.
2. 2
Mis. Cr. Case Nos.2206 & 2213/2021
This is the first bail application under Section 439 of Cr.P.C.,
for grant of bail filed on behalf of the applicant. The applicant is in
custody since 01/01/2021 in connection with crime No.02/2021
registered at Police Station Tukoganj, Indore, District Indore for the
offence punishable under sections 295A, 298, 269 and 188/34 IPC.
2. As per prosecution case, the complainant Eklavya Singh
Gaud has filed a written complaint and based on the same, offence
punishable under sections 295A, 298, 269, 188/34 IPC was
registered against Sadakat Khan, Edwin Anthony, Prakhar Vyas,
Priyam Vyas, Nalin Yadav (organizer of the show), and Munnawar
Faruqui. The complainant in the complaint has alleged in the
complaint that he is custodian of Hindu Protection Congregation
(Sanghatan). On 01/01/20201, a standup comedy show was
organized at Munro Cafe, (56 Shops) Indore without obtaining
permission and also without following the guidelines of Covid-19,
like social distancing, etc., It is further alleged that the complaint
alongwith his friends went to watch the said comedy show. In the
comedy show, the comedians were cutting filthy and indecent jokes
deliberately on Hindu religion Gods and Goddesses and BJP
National President, Amit Shah. As a result, the comedians hurt and
outraged religious sentiments of the complainant.
After the registration of FIR, the accused persons have been
arrested and produced before the Judicial Magistrate, First Class,
Indore. An application under section 437 Cr.P.C., filed by them has
been rejected by the Magistrate on 02/01/2021 and bail application
filed under section 439 Cr.P.C., has also been rejected by the Court
below by the impugned order.
The accused pleaded that they are innocent and the case has
been registered in a fraudulent manner against them. They have
conducted a comedy show but, they have not committed any act
which may hurt religious sentiments of any person. The ingredients
of section 295A IPC are not attracted. The cutting of jokes on
political leaders will not attract any offence, in view of Article 19(1)
(a) of the Constitution of India, as it enshrines freedom of speech
and expression. The applicants are artists who cut jokes to make
laughter and entertainment of the general public and they have no
intention to hurt religious feelings of any person of the society. Even
otherwise, the offence is triable by Judicial Magistrate First Class
3. 3
Mis. Cr. Case Nos.2206 & 2213/2021
and the maximum punishment for the offence is three years,
therefore, there is no necessity of their judicial remand.
3. Learned counsel for the applicant further submits that the
applicant is innocent and he has been falsely implicated in the
crime. In Mis. Cr. Case No.11891/2018 (Deepak Nagle Vs. State
of M.P.,) on 04/04/2018 & M.Cr.C.No.32895/2020 (Krishnakumar
Sastri Vs. State of M.P.) on 14/09/2020, the Hon'ble High Court at
Main Seat Jabalpur has granted interim protection to the applicants
under section 438 Cr.P.C. The Hon'ble Supreme Court in the case
of Mahendra Singh Dhoni Vs. Yerraguntla Shyamsundar and
another, 2017 (7) SCC 60 has held that every act of insult to
religion offered unwittingly or carelessly or without any deliberate or
malicious intention to outrage the religious feelings of that class will
not fall in the domain of section 295A IPC. The applicant has no
criminal antecedents. The applicant is in jail incarceration since
01/01/2021. Due to Covid-19, the trial is not likely to conclude in the
near future. Under such circumstances, the applicant deserves to
be enlarged on bail on such terms and conditions, Hon'ble Court
deems fit and proper.
4. Per contra, learned Public Prosecutor has opposed the
application with the submission that the applicant and his associates
have been actively involved in the commission of the crime.
Learned counsel further submits that the investigating officer
has seized the clippings of the incident cutting jokes hurting
religious sentiments of Hindu Gods and prepared seizure memos.
Six seizure memos have been filed alongwith written
submissions marked as R/5; (1) Pen drive containing recording of
the comedy show (video footage) from the complainant Eklavya
Singh Gaud, (2) a mobile phone from accused Munnawar Faruqui,
(3) a mobile phone and booking letter of conferencing hall for
organizing comedy show at Munro Cafe, Indore from accused Nalin
(4) mobile phone of Lenova make, Rs.2,000/- note, driving licence
and PAN card from accused Edwin Anthony who was sitting at the
counter for collection of money (5) dual sim mobile phone and the
18 times call history from 03/03/2020 to 01/01/2021 between
accused Prakhar Vyas and accused Munnawar Faruqui (6) a dual
sim mobile phone from accused Sadakant Khan (7) copies of
advertisement letter, Munrao Cafe trade mark for running shop
4. 4
Mis. Cr. Case Nos.2206 & 2213/2021
given by Food Safety Department and booking register page for
organizing the comedy show and (8) Pen drive 32 GB containing
video recording of the comedy show.
Accused Munnawar Farukhi deliberately and maliciously
insulted the Hindu Gods, Maryada Purshottam Ram and Mata
Seeta. He has referred to the statement of the complainant Eklavya
Singh Gaud under section 161 Cr. P.C., wherein he has stated that
Munnawar Farukhi used insulting and un-parliamentary language
during the comedy show . Relevant extract is quoted below:
**mlds ckn eqUuoj Qk:[kh dkWesMh djus vk;k vkSj mlus
dk;Zdze dh jsdkMhax can djok nh vkSj vkafM;al ds eksckbZy
j[kok fn;s fQj ogka dkWesMh djuk pkyq fd;k vkSj 'kq:vkr
esa gh Hkxoku jke vkSj lhrk dks csgr gh vkifRrtud 'kCnks
dks iz;ksx djrs gq, ftlds cksy bl izdkj Fks lhrk xkuk
xkrh gS esjk fi;k ?kj vk;k vks jke th jke MksaV fxo Qd
vkml lhrk vksj dgk fd lhrk Hkh xkyh cdrh gS vksj
ek/kqjh dks dqfr;k dgrh gS Qk:dh dg jgk Fkk fd lkys
lHkh fgUnw nsoh nsork voS/k laca/kks dh iSnkbZ'k gS tks fd
jkek;.k vkSj egkHkkjr esa Hkh gSA egkHkkjr esa ,d vksjr ls
dbZ yksx cPps iSnk djrs gS vkSjr cPps iSnk djus dh e'khu
gS blds ckn eqUuoj ;gh ugh :dk vkSj ;ejkt ds
mij ,d tksd ekjrs gq, dgk fd ,d ckj ;ejkt ,d
O;fDr dh yk'k ysdj Hkxoku ds ikl x;s rks Hkxoku us dgk
fd ;g D;k ys vk;k eknjpksn eSus rks fdlh vkSj dks ykus
Hkstk Fkk vksj blds ckn mlus xks/kjk dkaM esa tyk, x,
dkj lsodksa dks tks v;ks/;k tk jgs Fks fd gR;k dk etkd
cuk;k*
similar is the statements of Kunal s/o Dilip Parik, Shubehndra s/o
Hemendra Gaud, and Palash s/o Satish Gupta under section 161
Cr.P.C., Relevant portions of their statements are quoted below
respectively:
Kunal s/o Dilip Parik:
**eq>s ,oa esjs ikap lkfFk;ksa dks crk;k fd ,Mfou uke ds yMds
dks :i;s nsdj fVdV ys yks fQj eSus ,oa lkFkh ,dyO; us nks
gtkj :i;s nsdj pkj fVdV fy,s mueasa ,dyO; 'kjn
iwfur ,oa iyk'k ,oa iyk'k nanj pys x;s rFkk vdqy xsV
ij :d x;k esa vksj 'kqHksUnz ckgj jg x;s rFkk xsyjh esa [kMs
gks x;s rHkh 'kks pkyq fgqvk rFkk ckgj eqUkOoj Qk:[kh izsfDVl
djus yxk vksj Hkxoku jke vksj lhrk dks csgn gh
vkifRrtud 'kCnks dk iz;ksx djrs gq, ,d xkuk xk;k ftlds
cksy bl izdkj Fks lhrk xkuk xkrh gS esjk fi;k ?kj vk;k vks
jketh jke MksaV fxo Qd vkml lhrk vksj dgk fd lhrk Hkh
xkyh cdrh gS vksj ek/kqjh dks dqfr;k dgrh gS Qk:dh dg
jgk Fkk fd lkys lHkh fgUnw nsoh nsork voS/k laca/kks dh isnkbZ'k
gS tks fd jkek;.k vkSj egkHkkjr esa Hkh gSA egkHkkjr esa ,d
vksjr ls dbZ yksx cPps iSnk djrs gS vkSjr cPps iSnk djus dh
e'khu gS blds ckn eqUuoj ;gh ugh :dk vkSj ;ejkt ds mij
6. 6
Mis. Cr. Case Nos.2206 & 2213/2021
jh&izksMD'ku lsDl ds ckjs esa fl[krs gSA QsUdyh ns[kks
;gh gksrk gS yksxks dks 4 Fkh ls irk gS esa crk jgk gwW
fVpj ;g psiVj i<k jgk Fkk**A
Learned State counsel further submits that as per case diary,
the matter is still under investigation and the charge sheet yet to be
filed. The investigating authority has submitted an application for
police remand of the applicant to collect voice sample for
forwarding the same alongwith seized samples of clippings to the
Forensic Laboratory for matching the voice report.
He has relied upon the judgment of Hon'ble Supreme Court
in the case of Amish Devgan Vs. Union of India (2021) 1 SCC 1
to bolster his submissions.
Paragraph 104 is quoted below:
“104. The word ättempt”, though used in Sectins
153A and 295A of the Penal Code, has not been
defined. However, there are judicial interpretations
that an “attempt to constitute a crime”is an act done
or forming part of a series of acts which would
constitute its actual commission but for an
interruption. An attempt is short of actual causation
of crime and more than mere preparation. In Aman
Kumar Vs. State of Haryana [Aman Kumar v.
State of Haryana, (2004) 4 SCC 379 : 2004 SCC
(Cri) 1266] it was held that an attempt is to be
punishable because every attempt, although it falls
short of success, must create alarm, which by itself
is an injury, and the moral guilt of the offfender is
same as if he had succeeded. Moral guilt must be
united to injury in order to justify punishment.
and also paragraphs 105 to 108.
With the aforesaid submissions, learned State counsel prays
for dismissal of the bail applications.
5. Learned counsel for the complainant has vehemently
opposed the bail application making following contentions:
(i) the applicant and his associates in the
standup comedy on 01/01/2020 have made
nefarious, filthy and indecent jokes
deliberately against the Hindu Gods, Lord
Maryada Purshottam and Mata Seeta. The
applicant alongwith coaccused regularly
making such nefarious jokes in social media
for the last 18 months on various occasions,
despite protest on various social media
7. 7
Mis. Cr. Case Nos.2206 & 2213/2021
platforms by Hindu devotees;
(ii) the applicant and his associates with
mala fide intention deliberately hurting the
religious feelings of Hindus and to incite
communal riots. Such acts establish mens
rea on the part of the accused persons;
(iii) in fact, the applicant and his associates
are highly influential persons and 'urban
naxals' hurting the religious feelings of
Hindus under the garb of freedom of speech
and expression; and
(iv) the applicant is resident of Peethampur,
District Dhar (MP) and the co-accused,
Munnawar Faruqui is resident of Junagarh,
District Junagarh State of Gujarat;
(v) similar case has been registered against
the applicant at Georgetown Police Station,
Prayagraj, State of U.P.,
The applicant has criminal antecedents and there is tendency
of outraging religious feelings of particular class of citizens.
Therefore, if the applicant is released on bail pending investigation
and process of collection of more incriminating material, the same
shall be seriously jeopardized.
With the aforesaid submissions, learned counsels for the
objector prays for dismissal of the bail applications.
6. Heard.
7. Constitution of India; Chapter IVA; Fundamental Duties
was inserted by forty-second amendment in the year 1976, aims to
regulate the conduct, behaviour and to bring excellence in case of
every citizen of India ensuring uniformity of India into a cohesive
society.
Article 51A. Fundamental duties, provides that “it shall be
the duty of every citizen of India -
… … …
(e) to promote harmony and the spirit of
common brotherhood amongst all the
people of India transcending religious,
linguistic and regional or sectional
8. 8
Mis. Cr. Case Nos.2206 & 2213/2021
diversities; to renounce practices derogatory
to the dignity of women;
(f) to value and preserve the rich heritage of
our composite culture;
… … ...”
Part III – Fundamental Rights although confers rights but the
duties and obligations are inherent thereunder. Every right is
coupled with duty.
8. Liberty of an individual has to be balanced with his duties and
obligations towards his fellow citizens; [M.C.Mehta Vs. Union of
India and others (2003) 5 SCC 376] referred to.
9. Intensity of crime and degree of involvement with an element
of mens rea adjudge impact of crime in the society.
10. Section 295A IPC penalizes such acts of insults or those
varieties of attempts to insult the religion or the religious beliefs of
that class which perpetrated with the deliberate and malicious
intention of outraging religious feelings of that class Ramji Lal Modi
vs. State of U.P., AIR 1957 SC 620, referred to.
11. The prosecution is required to establish that the intention of
the accused to outrage religious feelings was malicious, deliberate
and directed to a class of persons and not merely to an individual.
In fact, what is punishable under this section is not so much the
matter of discourse, written or spoken, but as the manner with which
it intended.
12. This Court has carefully perused the case diary. The
statements of witnesses recorded under section 161 Cr.P.C.,
particularly; statements of the complainant Eklavya Singh Gaud and
witness, Kunal. Empahsis laid on some portions of the statements
by the learned Public Prosecutor have already been reproduced in
the form of his contention. The evidence/material collected sofar,
suggest that in an organized public show under the garb of standup
comedy at a public place on commercial lines, prima facie;
scurrilous, disparaging utterances, outraging religious feelings of a
class of citizens of India with deliberate intendment, were made by
the applicant.
9. 9
Mis. Cr. Case Nos.2206 & 2213/2021
13. Learned counsel for the applicant tried to submit that the
applicant, Munnawar Faruqui came on an invitation from the
organizers of the comedy show and was though present on the spot
at the show but did not utter anything as alleged.
14. In the light of the statements of the complainant and the
witnesses referred above, the seized articles, viz., video footage of
the show and the seizure memos detailed above, at this stage it is
difficult to countenance to the submissions of the learned counsel
for the applicant as complacency of the applicant cannot be ruled
out, besides vulnerability of his acts in public domain. It is not a case
of no evidence. Moreso, the investigation is in progress. The
possibility of collection of more incriminating material and
complacency of other persons cannot also be ruled out. Further, it
has come on record that similar nature of offence has been
registered against the applicant at Police Station Georgetown,
Prayagraj, State of Uttar Pradesh.
15. That apart, there is also specific assertion by the learned
counsel for the complainant that the applicant alongwith other
coaccused persons allegedly making outraging filthy jokes in social
media deliberately against Hindu Gods, Lord Shriram and Goddess
Seeta hurting religious sentiments of Hindus for the last 18 months
despite, protest on various social media platforms. There is nothing
on record to the contrary.
16. Be that as it may, this Court refrains from commenting upon
contentions of the parties touching on merits but, regard being had
to the material seized and the statements of the witnesses and that
the investigation is in progress, no case is made out for grant of bail.
Both the Mis. Cr. Cases stand dismissed.
The observations, if any made in the order on facts are only
for the purpose of deciding these bail applications and shall have no
bearing on pending trial.
17. Before parting with the case, it is considered apposite to
observe that our country is a beautiful country and sets an example
of coexistence amid diversities; be it religion, language, culture,
10. 10
Mis. Cr. Case Nos.2206 & 2213/2021
geographical locations etc, to the world at large. Mutual respect,
faith and trust amongst all citizens of India are basic tenets of co-
existence, in a welfare society governed by the principles of rule of
law.
It is the constitutional duty of every citizen of the country and
also of the States to promote harmony and the spirit of common
brotherhood amongst all the people of India irrespective of religious,
linguistic, regional or sectional diversities and to value and preserve
the rich heritage of our composite culture (Article 15A (e) and (f) of
the Constitution of India.
States must endeavour that ecosystem and sustenance of
coexistence in our welfare society is not polluted by negative forces
and must strive for achievement of goals as enshrined under Article
51A(e) and (f) of the Constitution of India in particular as these
provisions are part of our vibrant Constitution and not dead letters.
A copy of the order be placed in the connected case.
(Rohit Arya)
Judge
28-01-2021
Patil
Digitally signed
by Shailesh Patil
Date: 2021.01.28
10:50:49 +05'30'