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Custodial interogation is necessary for advocates accused of serious crimes: Bombay High court

Title: Hiral Chandrakant Jadhav Vs The State of Maharashtra

Citation: ANTICIPATORY BAIL APPLICATION NO.3699 OF 2023

Coram: Justice SARANG V. KOTWAL

Date: 03/01/24

Facts

The Applicant, who is an Advocate, is seeking anticipatory bail in connection with a serious offense. The Applicant was approached by a person whose husband was arrested under IPC Section 302. The Applicant assured the release on bail for a fee of Rs.65,000.The Advocate claimed her husband was granted bail, accepted Rs. 25,000 more, handed over a sealed envelope with alleged documents, but the husband was not released. After receiving the payment, the Applicant claimed that the bail was granted, but the documents provided were incomplete. The Applicant repeated this process, even providing a fake bail order, and the person realized they were deceived, leading to the filing of the FIR. The Applicant is now anticipating arrest.

Laws Involved

Section 302 of IPC

 Punishment for murder

Section 420

Cheating and dishonestly inducing delivery of property

Section 465

Punishment for forgery

Issues

Whether the Applicant, engage in fraudulent activities by allegedly taking money for securing bail, and deceiving the informant in connection with a criminal case?

Judgement

The accused, an advocate, has been found by the court to have committed major offenses, including violating Section 420 of the IPC, which have damaged the victim’s reputation and undermined the integrity of the legal system. The court highlights the seriousness of the crime and the necessity of questioning suspects while they are in custody in order to find possible accomplices and similar situations. Thus, as a result court rejects the application, stating that no mercy can be awarded at this time.

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Written by:- Sanjana Ravichandran

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In presence of an alternative remedy to appeal, a Writ petition won’t suffice in the court of law : Bombay HC

TITLE : Rahibai Laxman Lokhande & Ors. V State of Maharashtra

CITATION : W.P No 7400 of 2023

CORAM : Hon’ble justice Madhav J. Jamdar

DATE:  5th December, 2023

INTRODUCTION :

The challenge in the present Writ Petition is to the legality and validity of the order dated 18th April 2023 passed by the District Superintendent of Land Records in Appeal.

FACTS :

The contesting Respondents that the Writ Petition be not entertained in view of the availability of the alternate remedy. He submitted that there is Appeal provided under Section 247 of the Maharashtra Land Revenue Code, 1966.

Section 247 provides that, an appeal shall lie from any decision or order passed by a revenue or survey office specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule: Provided that, in no case the number of appeals shall exceed two.

The Petitioners contend that the impugned order itself has been passed in Appeal and therefore, the Second Appeal is not competent under Section 247 of the said Code.

COURT’S ANALYSIS

The court held that Section 247 of the said Code very clearly specifies that two Appeals are competent and the Appellate Authorities are described in Schedule E.

Accordingly, the Writ Petition is dismissed in view of availability of the alternate remedy of statutory Appeal under Section 247 of the said Code, with no order as to costs. It is clarified that the Petitioners can file the Appeal as contemplated under Section 247 of the said Code challenging the impugned order.   

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Written by- Sanjana Ravichandran

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patna high court

Authorities Directed To Resolve The Grievance Regarding The Bid: Patna High Court

Citation: CWJC No.5556 of 2023

Decided On: 01-11-2023

Coram: Honourable Mr. Justice P. B. Bajanthri  And  Honourable Mr. Justice Arun Kumar Jha

Introduction:

In the instant writ petition the petitioner has prayed for the following reliefs:-

  • To issue a writ in the nature of writ of certiorari to quash and cancel the result of the bid held on 10.03.2023 at 11:00 A.M. 11.50 A.M. (Annexure-3) for settlement of parking stand of scootere/motorcycle, car/other four wheelers, auto (vikaram), auto (bajaj) at south side karbigahiya of Patna Junction Railway Station for 3 years in favour of M/s Maruti Foundation.
  • To quash and cancel all other action or actions, order or orders agreement if any executed in favour of Respondent in continuation or in relation to the aforementioned settlement being arbitrary, illegal, malafide and violative of Article 14 of the Constitution of India.

Facts:

Petitioner and eight respondents alongwith others participated in bid for settlement of parking stand of Scooter/Motorcycle, Car/other four wheelers, auto (Vikaram), auto (Bajaj) at south side Karbigahiya of Patna Junction Railway Station for a period of three years.

Learned counsel for the petitioner submitted that there is an arbitrary decisions on behalf of the respondents in so far as the acceptance of bid with reference to the timing on 10.03.2023. Prima facie, it is too technical and the same cannot be adjudicated under Article 226. The concerned authority/competent authority has failed to take any decision either accepting or rejecting the petitioner’s claim.

Court’s Analysis and Judgement:

It is also submitted that in not awarding contract to the petitioner with reference to his bid, the respondent railway authorities have already put themselves into loss. These are all the materials information which is required to be taken note of by the competent authority before deciding the petitioner’s grievance dated 13.03.2023 and 20.03.2023.

The concerned authorities is directed to pass a detailed speaking order on the grievance of the petitioner and communicate the same to the petitioner within a period of one month. With that direction the writ is disposed by the court.

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Written By : Sushant Kumar Sharma

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Court Decides To Quash The Case When The Parties Agree On Settlement: Patna High Court

Title: Deepak Kumar v State of Bihar

Citation: CR. MISC. No.40319 of 2022

Decided On: 01-11-2023

Coram: Honourable Mr. Justice Satyavrat Verma

Introduction:

The present quashing application has been filed seeking quashing of the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

Facts:

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that after the police submitted charge-sheet, cognizance was taken and after framing of the charges, on intervention of the well wishers, the parties have compromised the case. It is next submitted that the opposite party herein does not intend to pursue with the case or the trial.

Mr. Purushotam Sharma, learned counsel appearing on behalf of the opposite party concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submissions on behalf of the opposite party that the opposite party does not have any objection in the event if the order dated 21.03.2022 passed by the learned Sub- Divisional Judicial Magistrate.

Court’s Analysis and Judgement:

Considering the submissions made by the learned counsel for the opposite party and evaluating that both the parties agree on the settlement and there is no party who wants to pursue the case. The court quashed the Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

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Written By : Sushant Kumar Sharma

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The Party Is Obliged To Follow The Undertaking Given In Front Of Court: Patna High Court

Citation: CR. MISC. No.39089 of 2023

Decided On: 16-10-2023

Coram: Honourable Mr. Justice Satyavrat Verma

Introduction:

The learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the FIR being Patliputra P.S. Case No. 386 of 2023 dated 12.05.2023, registered under Sections 406, 420, 504, 506 and 120B of the Indian Penal Code.

Facts:

The learned counsel submits that the aforesaid F.I.R. was instituted by the Opposite Party, it is next submitted that the offences are compoundable and the parties have entered into a compromise dated 20.09.2023. The learned for the Opposite Party does not object to the submissions of the learned counsel for the petitioners but submits that in the compromise dated 20.09.2023, three conditions were there out of which two conditions have been fulfilled by the petitioners but the third conditions which was with respect to withdrawal of Complaint Case No. 4801 of 2023, pending in the Court of learned C.J.M, Patna which was instituted by the petitioners against the Opposite Party till date has not been withdrawn though in the compromise it was clearly recorded that the petitioners will withdraw the said case also.

The learned counsel for the petitioners submits that the next date fixed in the Complaint Case 4801 of 2023 pending in the Court of learned C.J.M, Patna is 03.11.2023 and on the said date the said complaint case shall be positively withdrawn by the petitioners, since the parties have compromised and the learned counsel for petitioners, on behalf of the petitioners, have undertaken before this Court that Complaint Case No. 4801 of 2023 pending in the Court of learned C.J.M, Patna shall be withdrawn on 03.11.2023 in terms of the compromise dated 20.09.2023.

Court’s analysis and Judgement:

In the event if the petitioners violates the undertaking given before this Court that petitioners will withdraw the Complaint Case No. 4801 of 2023 pending in the Court of learned C.J.M., Patna in that event the Opposite Party shall be at liberty to bring the said fact to the notice of the Court. Stating that the court allowed the quashing of the application.

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Written By : Sushant Kumar Sharma

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