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Revisional jurisdiction cannot quash an FIR

14 Apr 2024 : 17:53 Posted by Administrator Comments: Views:

Revisional jurisdiction cannot quash an FIR

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156(3) CrPC to investigate a cognizable offence.
A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and would not stand quashed if the revision court sets aside the magistrate's order.
“registration of the FIR is not inexorably consequential to the order passed by the Magistrate under Section 156(3) of the Code. At the cost of repetition, it must be noted that the registration of the FIR by the police, upon a cognizable offence having been reported, is the statutory duty of the police. As a principle, therefore, we find it difficult to agree with the submission of Mr. Desai that once the order directing investigation under Section 156(3) is set aside, everything which follows must fall through.”
The court underscored that the power to quash investigations or prosecutions lies within the realm of writ jurisdiction under the Constitution or inherent powers under Section 482 of the CrPC, aimed at preventing abuse of the legal process or ensuring justice.
The larger bench held that revision under section 397 of CrPC is not an efficacious remedy against an order of the magistrate directing investigation under Section 156(3) after the registration of an FIR. However, the court emphasized that the remedy of revision would not become redundant once the FIR is registered, and the revision court order would still have utility as high court can take it into account while considering writ petition for quashing the FIR.
“If such an order is passed before the completion of investigation, the investigating agency may take the same into account in determining the course the investigation shall culminate into. If such an order is passed, post lodging of the chargesheet, the jurisdictional Magistrate may have the benefit of the said order at the stage of taking cognizance or during the course of the inquiry, as envisaged by the Code. The High Court may also have due regard to the order of the revisional Court while considering the prayer for quashing the FIR and/or prosecution in exercise of writ or inherent jurisdiction.”
The court suggested that before the revisional court makes any decision, it should confirm whether the FIR has been registered following the magistrate's order. It identified two scenarios: pre-registration and post-registration of the FIR.
In the scenario where the FIR is not yet registered, the court held that the revisional court should issue an interim order staying the effects of the magistrate's order under Section 156(3). This interim order would prevent the investigating agency from registering the FIR and proceeding with the investigation until the revisional court's decision.
If the FIR has already been registered, the nature of the infirmity in the magistrate's order becomes relevant, the court said. The revisional court may stay further proceedings pursuant to the FIR if it finds a jurisdictional error in the order, if the investigation is still ongoing. The court emphasized that the revisional court must record reasons for its decision to stay proceedings based on jurisdictional errors.

However, if the investigation has progressed to the point of lodging a chargesheet or court cognizance, the interim or final order passed by the revisional court to set aside the magistrate's order under Section 156(3) would not automatically quash the resultant prosecution, the court held.
The court answered thus a reference by a single judge is a batch of writ petitions regarding a cheating case involving Municipal Commissioners and officers of the Kalyan-Dombivali Municipal Corporation (KDMC).
A former Municipal Councilor of KDMC had filed a complaint concerning the redevelopment of Manek Colony. He alleged collusion between municipal officers and a developer, resulting in prejudice to the colony's occupants. The complaint cited offenses under Sections 120B, 420, 418, 415, 467, 448 read with Section 34 of the IPC and Sections 9 and 13 of the Prevention of Corruption Act, 1988.
The Judicial Magistrate, First Class, Kalyan, directed the police to investigate the complaint under Section 156(3) of the CrPC. Following this, an FIR was registered. However, the accused filed a Revision Application challenging the magistrate's order. The Additional Sessions Judge allowed the revision application, dismissing the complaint.
Subsequently, writ petitions challenging the sessions court order were brought before the High Court. The Single Judge noted conflicting views in previous judgments regarding maintainability of revision against orders under section 156(3) CrPC and referred the matter to a larger bench.
The larger bench court identified a conflict arising when writ petitions and applications under Section 482 of the CrPC for quashing of FIR are declined on the basis that revision under Section 397 CrPC is an alternative remedy against an order under Section 156(3), even if it has led to the registration of an FIR and subsequent proceedings.
The question before the court was whether revision under Section 397 CrPC is an efficacious remedy against an order directing investigation under Section 156(3) CrPC, even after the registration of an FIR and subsequent proceedings, and to what extent the revisional court can intervene in the investigation post-registration of the FIR.
In instances where police inaction persists or ineffective investigation occurs, individuals can seek recourse through a Magistrate under Section 156(3). This provision empowers the Magistrate to supervise the investigation agency if the investigating agency has not registered FIR even though a cognizable offence is disclosed or despite having registered the FIR, has not conducted proper and effective investigation.
The court emphasized that the order under Section 156(3) merely reminds the police of their statutory duty to register FIRs and conduct investigations. The court said that setting aside an order under Section 156(3) will not automatically nullify all subsequent actions, such as FIR registration and investigations as actions following such orders, including arrests, remands, chargesheets, and court cognizance, are carried out under statutory authority.

The court directed the petitions to be placed to respective benches for further proceedings.
Case no. – Writ Petition No. 2517 of 2022
Case Title – Arun P. Gidh v. Chandraprakash Singh and Ors.
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Taking advantage of section 498 A of IPC, women misuse the law by harassing husband and their family members, especially it causes trouble to an elderly couple who are lying on the bed. In today's modern era, despite being educated are unable to understand 498 A is being used as a weapon against men.
The court stated that the provision is sometimes used as a tool for "legal terrorism" instead of seeking justice. The Calcutta High Court (HC) has shed light on the misuse of Section 498A of the Indian Penal Code (IPC), a provision aimed at addressing harassment or cruelty against women by their husbands or in-laws
===
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All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.
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Most Rev. Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic criminal advocate, dedicated, internationally accredited HUMAN RIGHTS, PEACE Ambassador and is one of Global's foremost voices of Human Rights.

According to Dr. Anthony “Criminal is one of the few professions where the client buys someone’s luck. The luck of most people is strictly non-transferable. But a good criminal lawyer can sell all his luck to client and the more the luck he sells the more he has to sell.

The qualities/attributes to become a successful criminal lawyer is, one needs to be dedicated, willing to put in hard work, have lots of stamina and loads of perseverance. These four qualities and integrity are fundamental to a successful career in criminal law. It has been believed by people that criminal law involves limited drafting and that the workload is not heavy. But be it a trial strategy, a bail or a cross-examination, one has to put in long hours of research before work begins in court.

He is well well-known TEDx Speaker, a Highly acclaimed Keynote and Public Speaker, a very respected Panellist on a Very reputable Media House, TV Channels National and International, a Motivational Speaker, Educator, Journalist, Writer, and Corporate Legal Advisor, Diplomat, Eminent Social Reformer, Environmentalist, Educator, Human Rights and Constitutional Rights Activist, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian work Expert, etc.

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Dr. Anthony Raju has justified his position many times against capital punishment, he has publicly condemned this barbaric act in the name of punishment. He has written several articles on extra-judicial Killings, Violence Against Women, the Right to Education, Rights to Information Contemporary forms of slavery, the Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions, Sale of Children, Child prostitution, Independence of Judges and Lawyers.

Dr. Anthony Raju spends most of their time between Tribal, underprivileged, Villages, he widely travels in various States, majorly in the Tribal and Rural belts of India, South Africa, and internationally.

This story and article is compiled by Simran and Ashish (PR/Corporate Communication Team) of Most Rev. Amb. Dr. Anthony Raju.

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Important of Sec 397 Crpc

08 Apr 2024 : 18:42 Posted by Administrator Comments: Views:

Section 397(1) in The Code of Criminal Procedure, 1973

(1)

The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation. - All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 398.

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Suspension of sentence pending the appeal; release of appellant on bail

04 Apr 2024 : 12:32 Posted by Administrator Comments: Views:

CrPCChapter XXIX S.

CrPCChapter XXIX S. 389 Suspension of sentence pending the appeal; release of appellant on bail
Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release;
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto.
Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall;

where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under Sub-Section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

Read more at: https://devgan.in/crpc/section/389/

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Taking advantage of section 498 A of IPC, women misuse the law by harassing husband and their family members, especially it causes trouble to an elderly couple who are lying on the bed. In today's modern era, despite being educated are unable to understand 498 A is being used as a weapon against men.

The court stated that the provision is sometimes used as a tool for "legal terrorism" instead of seeking justice. The Calcutta High Court (HC) has shed light on the misuse of Section 498A of the Indian Penal Code (IPC), a provision aimed at addressing harassment or cruelty against women by their husbands or in-laws

===

https://economictimes.indiatimes.com/news/india/anti-dowry-ipc-section-498a-is-being-misused-as-a-tool-to-unleash-legal-terrorism-calcutta-hc/articleshow/102986776.cms?from=mdr

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ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE

(AICHLS) is founded by Dr. Anthony Raju - Advocate, Supreme Court of India, Dynamic Internationally Accredited Human Rights Defender, Inspirational, spiritual and motivational speaker, Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT. The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries. That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighbouring countries and the people of the rest of the World at large.

Dr. Anthony Raju

Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

Chairman - National Legal Council

International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General : Asian Human Rights Council

International Peace keeper

Most Rev. Dr. Anthony Raju - Advocate, Supreme Court of India and a dynamic criminal advocate, dedicated, internationally accredited HUMAN RIGHTS, PEACE Ambassador and is one of Global's foremost voices of Human Rights.

According to Dr. Anthony “Criminal is one of the few professions where the client buys someone’s luck. The luck of most people is strictly non-transferable. But a good criminal lawyer can sell all his luck to client and the more the luck he sells the more he has to sell.

The qualities/attributes to become a successful criminal lawyer is, one needs to be dedicated, willing to put in hard work, have lots of stamina and loads of perseverance. These four qualities and integrity are fundamental to a successful career in criminal law. It has been believed by people that criminal law involves limited drafting and that the workload is not heavy. But be it a trial strategy, a bail or a cross-examination, one has to put in long hours of research before work begins in court.

He is well well-known TEDx Speaker, a Highly acclaimed Keynote and Public Speaker, a very respected Panellist on a Very reputable Media House, TV Channels National and International, a Motivational Speaker, Educator, Journalist, Writer, and Corporate Legal Advisor, Diplomat, Eminent Social Reformer, Environmentalist, Educator, Human Rights and Constitutional Rights Activist, Motivator, Change maker, Teacher Trainer, Disaster management Expert, Panel Arbitrator in National & International Level, Legal Aid Expert, Academician, Humanitarian work Expert, etc.

Dr. Anthony Raju has been awarded several National and International Awards for his Excellent work for more than 15 Years in promoting and protecting Human Rights. He has been awarded with several (Honoris Causa) Degrees, Like a Doctor of Sociology, and a Doctorate of Human Rights by International Peace University, Germany, Ph.D. Social Work by Universal Academy for Global Peace, Lifetime membership and Award by International Journalism Centre, National Human Rights Activist Award by All India Newspaper Association, Ambassador of Peace Award by Blind Association, Peace Ambassador by Global Peace Initiative -USA

Dr. Anthony Raju has justified his position many times against capital punishment, he has publicly condemned this barbaric act in the name of punishment. He has written several articles on extra-judicial Killings, Violence Against Women, the Right to Education, Rights to Information Contemporary forms of slavery, the Right to an adequate Standard of living, Extrajudicial, summary of arbitrary executions, Sale of Children, Child prostitution, Independence of Judges and Lawyers.

Dr. Anthony Raju spends most of their time between Tribal, underprivileged, Villages, he widely travels in various States, majorly in the Tribal and Rural belts of India, South Africa, and internationally.

This story and article is compiled by Simran and Ashish (PR/Corporate Communication Team) of Most Rev. Amb. Dr. Anthony Raju.

For any support: +919873005424 (Sms/WhasApp/Call)

www.flickr.com/people/anthonyraju

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A 17-year-old boy raped in Janakpuri a 17-year-old girl he connected with on Instagram and then put her in an e-rickshaw that left her outside the Dabri Mor Metro station in south Delhi,

04 Apr 2024 : 12:25 Posted by Administrator Comments: Views:

A 17-year-old boy raped in Janakpuri a 17-year-old girl he connected with on Instagram and then put her in an e-rickshaw that left her outside the Dabri Mor Metro station in south Delhi,

A 17-year-old boy raped in Janakpuri a 17-year-old girl he connected with on Instagram and then put her in an e-rickshaw that left her outside the Dabri Mor Metro station in south Delhi, said police officers aware of the matter, adding that she was found bleeding and semi-conscious by a passerby.

The victim’s family said that the girl was operated upon at Deen Dayal Upadhyay Hospital on Wednesday morning and is currently out of danger.
Deputy commissioner of police (southwest) Rohit Meena said, “A case under Section 376 (rape) of the Indian Penal Code (IPC) was registered and the suspect was apprehended in the early hours of Wednesday.” However, police said the boy has claimed he did not rape the girl and that the two had consensual sex

====

CrPC Chapter XXIX

S. 389

Suspension of sentence pending the appeal; release of appellant on bail

Description

Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release;

Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.

The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto.

Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall;

where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or

where the offence of which such person has been convicted is a bailable one, and he is on bail,

order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under Sub-Section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

========