Archive for Shonee Kapoor

Court: Supreme Court of India Bench: JUSTICE Arun Mishra Prathvi Raj Chauhan vs Union Of India on 10 February, 2020 Law Point: SC upheld Section 18-A of SC/ST Act, 2018, restricting anticipatory bail and eliminating preliminary inquiry for FIR and arrest. JUDGEMENT ARUN MISHRA, J. 1. The petitioners have questioned the provisions inserted by way of carving out […]

Court: Delhi High Court Bench: JUSTICE VIBHU BAKHRU State vs Sandeep on 25 September, 2019 Law Point:  JUDGEMENT 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.L.P. 532/2019 3. The State has filed the present petition seeking leave to appeal against a judgment dated 15.07.2019, passed by the learned Additional […]

Court: Delhi High Court Bench: JUSTICE PURUSHAINDRA KUMAR KAURAV State vs Om Prakash & Ors on 29 July, 2022 Law Point: Framing charges requires prima facie evidence; breach of promise isn’t rape; post-marriage allegations weaken; vague cruelty claims don’t sustain 498A. JUDGEMENT 1. Allowed, subject to all just exceptions. 2. Application is disposed of accordingly. CRL.M.A. 12446/2022 (condonation […]

Court: Madhya Pradesh High Court Bench: JUSTICE Subodh Abhyankar Sudhir Gupta vs The State Of Madhya Pradesh on 27 July, 2018 Law Point:  JUDGEMENT None appears for respondent No.2, though served. Heard on the present appeal which has been filed by the appellant under Section 14-A of Scheduled Castes and Sched- uled Tribes (Prevention of Atrocities) Amendment Act, 2015 […]

Court: Calcutta High Court (Appellete Side) Bench: JUSTICE  INDIRA BANERJEE Jayanti Rani Panda vs State Of West Bengal on 31 March, 2015 Law Point:  JUDGEMENT Leave is granted to the petitioner to correct the cause title as also the body of the application by rectifying the inadvertent error in the Sessions Trial case number and Police […]

Court: Madhya Pradesh High Court Bench: JUSTICE Atul Sreedharan Dr. Nitin Bhargav vs The State Of Madhya Pradesh on 22 February, 2019 Law Point: Anticipatory bail granted as consensual relationship, FIR delay, and lack of prima facie SC/ST Act offence negated Section 18 bar. JUDGEMENT This appeal under section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention […]

Court: HIGH COURT OF MADHYA PRADESH Bench: JUSTICE S. K. Awasthi Manish vs The State Of Madhya Pradesh on 10 January, 2020 Law Point: Consensual relationship, even with false promise of marriage, isn’t rape if prosecutrix knowingly continued after accused’s marriage. JUDGEMENT (1). Applicant/accused has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 […]

Court: Madhya Pradesh High Court Bench: JUSTICE Atul Sreedharan Ashish Agnihotri vs The State Of Madhya Pradesh on 19 April, 2018 Law Point: False rape accusations with past similar cases and no valid divorce negate inducement; proceedings quashed under Section 482 Cr.P.C. JUDGEMENT This appeal has been filed by the appellant under section 14-A (2) of the Schedule […]

Court: Jammu & Kashmir High Court Bench: JUSTICE Janak Raj Kotwal Tanveer Iqbal vs State & Ors. on 6 March, 2018 Law Point: Consensual long-term relationship with no proven false promise of marriage does not constitute rape; FIR quashed as abuse of process. JUDGEMENT approved for reporting in Press/Media : Yes/No ii. Whether to be reported in Digest/Journal […]