'HC can't revive quashed FIR for breach of compromise': Supreme Court cites Section 362 CrPC on limited scope of such power
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Time of India
11 hours ago
- Time of India
Trial court not the first stop for investigation, says Supreme Court
NEW DELHI: SC has barred trial courts from directly entertaining complaints and ordering police to investigate them by ruling that prior to moving court for probing a cognisable offence, a person must approach jurisdictional police for registration of FIR. A bench of Justices Pankaj Mithal and S V N Bhatti said, "A magistrate ought not ordinarily entertain an application under Section 156(3) of the Code of Criminal Procedure (CrPC) directly unless the informant has availed and exhausted his remedies provided under Section 154 (3) of the code." Writing the judgment in a cross-case, Justice Mithal said magistrates must ask the informant to first approach the officer-in-charge of the police station and then the superintendent of police. "It is well recognized in law that the person aggrieved must first exhaust the alternative remedies available to him in law before approaching the court of law. In other words, he cannot ordinarily approach the court directly," he said. The bench did a conjoint reading of sections 154, 156 and 190 of the CrPC and said, "It is crystal clear that an informant who wants to report about a commission of a cognisable offence has to, in the first instance, approach the officer-in-charge of the police station for setting the criminal law into motion by lodging an FIR." "However, if such information is not accepted by the officer-in-charge of the police station and he refuses to record it, the remedy of the informant is to approach the SP concerned. It is only subsequent to availing the above opportunities that if he is not successful, he may approach the magistrate under section 156(3) of the CrPC for necessary action or of taking cognisance in accordance with section 190 of the CrPC," the bench said. SC said if the information about a cognisable offence is not being recorded by the officer-in-charge of the police station or even by the SP, then the person aggrieved or the informant "may move the court the magistrate concerned to get the FIR registered and lodged with the concerned police station."
Time of India
11 hours ago
- Time of India
Ex-Maharashtra mantri kin, 6 others held in Pune drug party bust
PUNE: Former Maharashtra minister Eknath Khadse's son-in-law Pranjal Khewalkar and six others were arrested early Sunday after a police team raided a studio apartment at Kharadi suburb in eastern Pune and allegedly seized cocaine, marijuana, hookah pots, and liquor during an alleged house party. Tired of too many ads? go ad free now Khewalkar, who describes himself as an entrepreneur, philanthropist, and doctor on his social media profile, is the husband of Rohini Khadse - head of NCP (Sharad Pawar)'s state women's wing. He was taken to Sassoon general hospital for a medical exam along with the others before police searched his Hadapsar bungalow, also in Pune. Officers seized a laptop, three pen drives, and a hard disk from the premises. "Our crime branch team reached the flat following a tip-off and detained seven people, including Khewalkar," police commissioner Amitesh Kumar said. "They were found partying. Cocaine (2.5g), marijuana (70g), hookah flavours, and multiple liquor bottles were seized." Khewalkar had booked three suites in the studio apartment for three days, police said. "He paid for the rooms. Three other women were supposed to join but left when the raid began," said DCP (crime) Manoj Pingale. "The group knows each other from a party circle." The others arrested include Nikhil Poptani (35), a cigarette trader from Hadapsar; Sameer Sayyed (41), a hardware dealer from NIBM Road; Shripad Yadav (27), a builder from Akurdi; Sachin Bhombe (42) of Wagholi; Isha Singh (22) of Aundh; and Prachi Sharma (23) of Mhalunge. A case has been registered under NDPS Act and Cigarettes and Other Tobacco Products Act (COTPA) at Kharadi police station. The court of judicial magistrate first class NS Bari granted police custody of all seven until Tuesday. Sassoon hospital medical superintendent Dr Yallapa Jadhav said two of the seven had alcohol. "All were brought at 6.15am for medical exam. Blood and urine samples have been sealed and handed to police." Tired of too many ads? go ad free now At the apartment complex - comprising two four-storey buildings with 34 suites off Pune-Ahmednagar highway - staff told TOI that rooms rent for Rs 2,000 to Rs 4,500, including meals. "We ask for ID photocopies from all guests," one employee said. Prosecutor Priyanka Vengurlekar said in court that police need more time to track the drug source and investigate possible links to an inter-state narcotics network. "Two of the accused are habitual offenders with prior cases," she alleged. Khewalkar's lawyer Vijaysingh Thombare alleged political targeting. "There were attempts to trap my client earlier at two locations, and CCTV footage supports this." Advocate Abid Mulani, representing two accused, claimed procedural lapses. "Police didn't inform them of the arrest grounds, violating Section 50 of CrPC." Lawyer Sachin Zalte, appearing for Yadav, said police failed to specify the amount of cocaine seized from each accused. "Possession below two grams is a bailable offence under law." The court said these allegations could be taken up in future hearings.
Time of India
12 hours ago
- Time of India
Delhi HC to hear predicate offence matter
The Delhi High Court will hear a plea on Monday filed by Dr Subramanian Swamy relating to the predicate offence in the Congress-linked National Herald case . The hearing assumes significance because the trial in the predicate offence, which forms the basis of a money laundering probe by the ED in the said case, has been hanging fire for the past four years. Explore courses from Top Institutes in Please select course: Select a Course Category others Digital Marketing Artificial Intelligence Management Finance Cybersecurity Product Management Data Science Project Management Healthcare healthcare Data Science Others Design Thinking MCA Leadership Data Analytics Degree PGDM MBA Technology Operations Management Public Policy CXO Skills you'll gain: Duration: 16 Weeks Indian School of Business CERT - ISB Cybersecurity for Leaders Program India Starts on undefined Get Details People in the know told ET that Swamy is likely to withdraw his appeal. When contacted, Swamy's lawyer Satya Sabharwal told ET, "We are exploring options as to how to expand the list of documents we want to summon before the court under section 244 CrPC." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like War Thunder - Register now for free and play against over 75 Million real Players War Thunder Play Now Undo The stay was ordered by the Delhi HC on February 22, 2021, after Swamy, the appellant and complainant in the original case, had filed an appeal in the HC against an order passed by the trial court on February 11, 2021. Vide the said order, the trial court had turned down an application moved by Swamy seeking to summon certain witnesses to prove documents in the case. The HC had on February 22, 2021, stayed "the proceedings before the trial court against the petitioner (Swamy)". This put the brakes on the trial in the predicate offence in the lower court. As first reported by ET in April this year, since March 16, 2021, till March 1 this year, the case in trial court was adjourned 18 times. Live Events On Monday, Swamy's plea is coming up for a resumed hearing. Significantly, the hearing comes a day before a special PMLA court is to pronounce its verdict on whether to take cognisance of a prosecution complaint filed by the ED against Sonia Gandhi , Rahul Gandhi and five others for their alleged involvement in the National Herald newspaper case. The trial in the main case (predicate offence) will resume if Swamy withdraws his petition from the high court on Monday.
