Magistrate cannot direct police to file charge sheet on receipt of closure report: Supreme Court.

While discussing the legal position Supreme Court observed:-

That The law is well-settled that in case a final report is filed under Section 173(2) Cr.P.C. stating that no offence is made out against the accused, any of the following courses can be adopted by the Magistrate:

(a) He may accept the report which was filed by the police in which case the proceedings would stand closed.

 (b) He may not accept the report and may take cognizance in the matter on the basis of such final report which was presented by the police.

(c) If he is not satisfied by the investigation so undertaken by the police, he may direct further investigation in the matter.

The law is further well-settled that the judicial discretion to be used by the Magistrate at such stage has to fall in either of the three aforesaid categories.

In the present matter, the magistrate has issued directions directing the police to file charge-sheet under Section 326 and 294 IPC and also the provision of Section 3(1) and 10 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Such a direction is wholly unsustainable.

RAMSWARUP SONY VS  STATE OF M.P.,CRIMINAL APPEAL NO.614 OF 2019 DECIDED ON 8-04-2019

SUPREME COURT ISSUES DIRECTIONS FOR THE BETTER IMPLEMENTATION OF POCSO ACT

A three judges bench of Supreme Court issued following directions for better implementation of POCSO Act

• The High Courts shall ensure that the cases registered under the POCSO Act are tried and disposed off by special courts in compliance with the provisions of the Act

• Such “special courts”, as envisaged under the POCSO Act, may be assigned the duty to deal with cases under the Act

• Instructions shall be issued to the “special courts” to fast-track the disposal of matters by not granting any unnecessary adjournments and following the procedure under the Act of 2012

 • The High Courts shall constitute a committee of an appropriate number of judges to monitor the progress of trial under the Act

 • The Director General of Police of the states shall constitute a Special Task Force to assist in investigation and the production of witnesses before the trial courts on the due date

 • Efforts shall be made by the High Courts to provide child friendly courts in accordance with the spirit of the POCSO Act.

WRIT PETITION (C) No.76 OF 2018

ALAKH ALOK SRIVASTAVA      VERSUS UNION OF INDIA & ORS. SC decided on  1-5-2018                   

SEX AFTER OBTAINING CONSENT BY FALSE PROMISE TO MARRY IS RAPE,

The  Supreme Court while dealing with the above subject observed

“The prosecution has been successful in proving the case that from the very beginning the accused never intended to marry the prosecutrix; he gave false promises/promise to the prosecutrix to marry her and on such false promise he had a physical relation with the prosecutrix; the prosecutrix initially resisted, however, gave the consent relying upon the false promise of the accused that he will marry her and, therefore, her consent can be said to be a consent on misconception of fact as per Section 90 of the IPC and such a consent shall not excuse the accused from the charge of rape and offence under Section 375 of the IPC"

Anurag Soni  Vs State of Chhattisgarh,  Crl. Appl. N. 629 OF 2019 decided on 9/4/2019 SC

498A IPC -Case Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter: Supreme Court

Answering a reference pending for about seven years, the Supreme Court has held that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code

Rupali Devi Versus State Of Uttar Pradesh & Ors, Criminal Appeal No.71 Of 2012 Decided On 09-04-19

Dangerous For Children": Madras HC Prohibits Downloading Of TikTok Mobile Application

Discussing the bad effects of Tik Tok mobile Application, the Madras High Court banned the downloading of Tik Tok App. High court also imposed ban on publication of Tik Tok videos.
WP (MD) 7855/2019 decided on 3/4/19

NO ANTICIPATORY BAIL TO PROCLAIMED OFFENDERS

Quashing the orders of M.P. High Court the Supreme Court in case of  State of M.P. vs Pradeep Sharma, Crl. Appeal No.50/2013 decided on 6/12/2013 held that this is the settled position of law that accused who is absconding and declared as proclaimed offender under section 82 Cr.P.C. should not be granted anticipatory bail.

GUWAHATI HIGH COURT GUIDELINES TO BE OBSERVED IN CASES OF "BANDH' ROAD BLOCKADE ETC.,LOSS TO BE RECOVERED FROM ORGANISERS, ACTION AGAINST POLICE OFFICERS FOR NOT OBEYING THE DIRECTIONS

Declaring the bandh, road blockade , rail blockade unconstitutional the Guwahati high court issued following guidelines to be observed in above cases.

1)  Road blockades and rail blockades are nothing but variants of bandh; therefore, those are also illegal and unconstitutional.

2) If any organization calls for an Assam bandh or state-wide road blockade/rail blockade and enforces the same, first information shall be lodged by the Commissioner of Police, Guwahati city or by any of his subordinate officer whom he may authorize before the Panbazar Police Station within 24 hours of such bandh/blockade, whereafter written information shall be furnished by the Commissioner of Police, Guwahati city to the Commissioner and Secretary to the Government of Assam, Home and Political Department within 3 to 7 days of lodging of first information with case details.

3)  In case of a district bandh or a bandh covering more than one district or a local bandh or a blockade of either road or rail of similar nature, the jurisdictional Superintendent of Police shall lodge first information before the competent police station within 24 hours of such bandh or blockade, whereafter the said Superintendent of Police shall inform the Commissioner and Secretary to the Government of Assam,  Home and Political Department about lodging of first information with case details within 3 to 7 days of lodging of first information.

4)  Investigating Officers in all such cases shall carry out investigation expeditiously and file charge-sheets before the competent criminal court promptly so that the offenders can be tried in a fast track mode.

5)  Assam Police Accountability Commission shall monitor filing of first information and registration of cases as per direction Nos. 2, 3 and 4 above. In case of any default or non seriousness in complying with the above directions, appropriate action may be taken by the Assam Police Accountability Commission in accordance with law. 5.1) In addition, Assam Police Accountability Commission shall submit monitoring report to the Registrar (Judicial), Gauhati High Court, Guwahati once every three months.

 6)  Commissioner and Secretary to the Government of Assam in the Home and Political Department, within 7 days of receipt of information as per direction Nos. 2 and 3 above,

shall file contempt petition(s)  against the organizers and the main office bearers of such organizations calling bandhs and blockades before this Court, wherein particulars of criminal cases registered against the organizers shall be furnished.

 7)  If there is any default in carrying out direction Nos. 2, 3, 4 and 6 above, that would be treated as dereliction of duty by the concerned authority, who would, thereafter, be liable to face departmental action, besides exposing themselves to committing contempt of court.

8)  Registrar (Judicial), Gauhati High Court, Guwahati shall maintain a record of monitoring reports submitted by Assam Police Accountability Commission. On receipt of each report, he shall examine whether any related contempt petition has been filed in terms of direction No. 6 above, if the occasion had so arisen. If no such contempt petition has been filed, he shall register a contempt case against the organizers and persons concerned which may include the Commissioner and Secretary to the Government of Assam in the Home and Political Department for failure to take steps in terms of direction No. 6.

9)  Government of Assam in the Home and Political Department shall make an assessment of loss caused to the State on account of bandh or blockade, be it state-wise or district-wise or locality wise, which shall be recoverable from the organizers and main office bearers of such bandh or blockade as arrears of land revenue.

10)          Government of Assam in the Home and Political Department shall constitute a Bandh Loss Compensation Fund within a period of 3 (three) months from today, which will be managed by an authority headed by a retired District and Sessions Judge and which may include one Administrative Officer, retired or serving. The authority may take assistance of an assessor or a valuer while examining or assessing claim for compensation.

11)          The quantum of loss recovered under direction No. 9 shall be deposited by the Government of Assam in the Home and Political Department into the Bandh Loss Compensation Fund.

 12)  All claims for compensation for loss to person or property because of bandh and blockade shall be decided by the authority of the Bandh Loss Compensation Fund by evolving its own procedure, which should however ensure quick settlement of such claims. Claims can be lodged by private individuals, both private and public bodies, juristic persons etc.

13) Claim of the petitioner shall be placed before the Bandh Loss Compensation Fund immediately on its constitution, whereafter the same shall be decided by the authority of the fund in accordance with law. 36.     Since the above directions have been issued in the nature of guidelines and would hold the field till enactment of appropriate legislation by the State, it would be open to the State of Assam in the Home and Political Department to seek clarification, if the occasion so arises.

37.     Copy of this judgment and order may be furnished to the Chairman, Assam Police Accountability Commission, Chief Secretary to the Government of Assam, Commissioner and Secretary to the Government of Assam, Home and Political Department, Director General of Police, Assam and Registrar (Judicial), Gauhati High Court, Guwahati

Lower Assam Inter District Stage Carriage Bus Owner's Association Vs The State Of Assam And 11 Ors, Case No. : Wp(C) 7570/2013 Decided On 19/03/19