Tag: Case

Rape case can’t be quashed just because victim agrees for it, says HC on FIR against Bhushan Kumar

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Mumbai: A case of rape cannot be quashed merely because the victim granted her consent to do so, the Bombay High Court said on Wednesday while expressing its disinclination to quash an FIR of rape registered against T-Series owner Bhushan Kumar.
Kumar had filed the petition seeking for the FIR to be quashed on the ground that the victim took back her complaint and consented for the same to be set aside.
A division bench of Justices A S Gadkari and P D Naik, however, noted that merely because the complainant was granting her consent was not ground enough to quash the first information report (FIR) alleging rape.

“Merely because the parties are consenting does not mean an FIR under section 376 (rape) of the Indian Penal Code should be quashed. We have to see the contents of the FIR, the statements recorded to see if the crime was heinous or not. The relationship (in this case) from the contents does not seem consensual,” the court said.
Kumar’s advocate Niranjan Mundargi told the court that the FIR was registered in July 2021 for an incident that was allegedly happening since 2017.
He said that a B-summary report (false case or no case made out against the accused) had been filed by the police before the concerned magistrate’s court.
A local politician Mallikarjun Pujari filed a protest petition against such B-summary, claiming he had helped the woman register the FIR, however the woman had granted her consent to close the proceedings.
The magistrate’s court rejected the police’s report in April 2022.

The high court on Wednesday perused the FIR, the affidavit submitted by the complainant woman giving her consent for the case to be quashed and the order passed by the magistrate’s court.
The bench was of the opinion that the material did not reflect that the relationship between the accused and the woman was consensual.
“Contents of the consent affidavit are not sufficient to quash FIR. Generally under section 376, FIR can be quashed with the consent of the complainant. But then that is after the FIR or the affidavit shows that there was a consensual relationship. Here the complainant is only saying she doesn’t want to proceed with the case due to ‘circumstantial misunderstanding’,” the court said.
When the bench expressed its disinclination to allow the petition and quash the case, Mundargi sought time to submit further material in support of the plea.
The bench then posted the matter for further hearing on July 2, 2023.
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#Rape #case #quashed #victim #agrees #FIR #Bhushan #Kumar
( With inputs from www.siasat.com )

April 26, 2023
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#Seagull #Flight #Fashion #Double #Layer #Electronic #Gadget #Organizer #Case #Cable #Organizer #Bag #Accessories #Mobile #Stand #Navy #Blue #Model

April 26, 2023
Viveka murder case: Telangana HC completes hearing on CBI plea

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Hyderabad: The Telangana High Court posted Thursday orders on the CBI petition to cancel the bail of Yerra Gangi Reddy, the main accused in former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder case.
The court completed a hearing on the petition filed by the Central Bureau of Investigation (CBI) and adjourned the case to Thursday for judgement.
The judgement is eagerly awaited as the CBI investigation in the case has entered a crucial phase.

The Supreme Court recently extended the deadline for completing the investigation into the sensational case till June 30.
The CBI sought the cancellation of the bail on the ground that Gangi Reddy is the main accused and has been influencing key witnesses in the case.
During the previous hearing, the CBI counsel had argued that Gangi Reddy is having political backing and is trying to put pressure on the witnesses through his connections.
Justice D. Ramesh had asked the CBI to submit some evidence that Gangi Reddy is influencing witnesses.
The Special Investigation Team (SIT) of Andhra Pradesh police, which was then investigating the murder case, arrested Gangi Reddy on March 28, 2019

Gangi Reddy was granted default bail by a local court at Pulivendula in October 2021 on technical grounds as the CBI failed to file the charge sheet within 90 days of registering the FIR. Later, the Andhra Pradesh High Court also upheld the decision of the lower court.
The CBI had approached the Supreme Court, challenging the order of the High Court.
The Supreme Court in November last year transferred the trial in the murder case from Andhra Pradesh to CBI court in Hyderabad. Consequent to this, the apex court asked the CBI to approach the Telangana High Court for cancellation of bail of Gangi Reddy.
Vivekananda Reddy, brother of former Chief Minister Y.S. Rajasekhara Reddy and uncle of present Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy, was murdered at his residence in Pulivendula of Kadapa district on March 15, 2019, weeks before elections.
The 68-year-old former state minister and former MP was alone at his house when unidentified persons barged in and killed him.
The CBI took over the investigation into the case in 2020 on the direction of Andhra Pradesh High Court while hearing a petition of Vivekananda Reddy’s daughter Suneetha Reddy, who raised suspicion about some relatives.
The Supreme Court transferred the case to Hyderabad while observing that doubts raised by Suneetha Reddy about getting a fair trial and investigation in Andhra Pradesh were reasonable.
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#Viveka #murder #case #Telangana #completes #hearing #CBI #plea
( With inputs from www.siasat.com )

April 26, 2023
NGO Terror Funding Case: NIA Raids Khurram Parvaiz’s Office In Budgam

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SRINAGAR: The National Investigation Agency (NIA) on Wednesday raided an NGO office of jailed Khurram Parvaiz in central Kashmir’s Budgam
A team of NIA conducted searches at an NGO office at Dandoosa area in Budgam. The office is of Khurram Parvaiz, they said.
An official confirmed and said “Yes, the NIA team conducted searches at the NGO office at Dandoosa Budgam, some documents have been seized during searches”.
The searches were conducted in an NGO terror funding case. Parvaz is already in jail in a terror-funding case and was chargesheeted in May last year. “Following the first arrest made in the NGO terror funding case on March 20, 2023, the National Investigation Agency arrested Khurram Parvez, the program coordinator of Jammu and Kashmir Coalition of Civil Societies (JKCCS) and chairperson of Philippines-based NGO Asian Federation Against Involuntary Disappearances (AFAD). (KDC)

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#NGO #Terror #Funding #Case #NIA #Raids #Khurram #Parvaizs #Office #Budgam
( With inputs from : kashmirlife.net )

April 26, 2023
NGO Terror Funding Case: NIA raids Khurram Parvaiz’s office in Budgam

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Srinagar, Apr 26, KDC: The National Investigation Agency (NIA) on Wednesday raided an NGO office of jailed Khurram Parvaiz in central Kashmir’s Budgam district.
Reports reaching news agency Kashmir Dot Com said that a team of NIA conducted searches at an NGO office at Dandoosa area in Budgam. The office is of Khurram Parvaiz, they said.
An official confirmed and said “Yes, the NIA team conducted searches at the NGO office at Dandoosa Budgam, some documents have been seized during searches”.
The searches were conducted in an NGO terror funding case. Parvaz is already in jail in a terror-funding case and was chargesheeted in May last year. “Following the first arrest made in the NGO terror funding case on March 20, 2023, the National Investigation Agency arrested Khurram Parvez, the program coordinator of Jammu and Kashmir Coalition of Civil Societies (JKCCS) and chairperson of Philippines-based NGO Asian Federation Against Involuntary Disappearances (AFAD). (KDC)
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#NGO #Terror #Funding #Case #NIA #raids #Khurram #Parvaizs #office #Budgam
( With inputs from : roshankashmir.net )

April 26, 2023
Former IAS Officer Summoned In JK Biological Father Dispute Case

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SRINAGAR: A woman from Srinagar has changed her counsel with the hope of obtaining speedy justice and proving that an Indian Administrative Service (IAS) Officer, Sudhanshu Pandey, is the biological father of her daughter. According to the woman, Pandey married her and had a daughter with her, but later abandoned them.
After hearing the counsel for the victim, Advocate Mir Naveed Gul, the Court of Second Additional Munsiff in Srinagar issued fresh directions to defendant Sudhanshu Pandey to appear in person for recording of the statement. The court directed Pandey to appear in person and file in writing whether he consents to a DNA test if the court orders one to check whether the girl born from the victim is his biological child or not.
The woman claims that Pandey, who was posted as Finance Secretary in the Government of Jammu and Kashmir, developed a relationship with her in Srinagar in 2010. Pandey then converted to Islam and married the woman in May 2010. Their daughter was born on April 12, 2011. However, a few months later, in October 2012, Pandey was transferred to New Delhi and he left the woman and their child in Srinagar.
Pandey refuted all the allegations and denied marrying the woman. He responded in court by stating that the allegations made in the petition are false and that he had not married the woman. He also mentioned that the woman had entered into another wedlock on August 1, 2010, which ended in divorce in October 2010, and the minor was a child from her first marriage.
The parties presented conflicting birth certificates and medical records of the child, with two different names listed as the father. The high court had ordered the finalization of the parentage suit before passing any order for maintenance.
Advocate Mir said, “The court has issued these directions afresh as Sudhanshu Pandey has served at various posts in J&K, including the rank of Commissioner Secretary.” He added that he was approached by the victim because she believes that the proceedings were delayed and she wants speedy delivery of justice. (KDC)

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#IAS #Officer #Summoned #Biological #Father #Dispute #Case

( With inputs from : kashmirlife.net )

April 25, 2023
Defamation case lodged against Siddaramaiah for statement on Lingayats

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Bengaluru: A defamation case was lodged on Tuesday against Karnataka’s Leader of Opposition Siddaramaiah over his alleged statement on corruption practised by Lingayat Chief Ministers in the state.
Activist Shankar Sait had lodged a private complaint with the Magistrate court in Bengaluru in this regard. The court had adjourned the matter to April 29, after accepting the petition.
A complaint had also been registered against the Congress leader with the Election Commission in this regard already. The statement that Lingayat CMs indulged in corruption and destroyed the state has stirred a controversy ahead of the May 10 Assembly elections.

The BJP has also made it a big poll issue in the state and used it as a weapon to control the damage caused by the exit of former Chief Minister Jagadish Shettar and Deputy Chief Minister Laxman Savadi.
The Lingayat Yuva Vedike Legal Cell, which had lodged a complaint with the Election Commission, claimed that Siddaramaiah had insulted the Lingayat community and defamed it.
Siddaramaiah had clarified that he meant to say Chief Minister Basavaraj Bommai, who is the present CM, is indulged in corruption and destroyed the state and he didn’t mean to comment about others.
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#Defamation #case #lodged #Siddaramaiah #statement #Lingayats
( With inputs from www.siasat.com )

April 25, 2023
Delhi HC seeks ED’s response on liquor bizman’s bail plea in excise policy case

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New Delhi: The Delhi High Court on Tuesday sought the Enforcement Directorate (ED)’s response on liquor businessman Sameer Mahendru’s plea seeking bail on medical grounds in the money-laundering case pertaining to the now-scrapped liquor excise policy.
Justice Dinesh Kumar Sharma asked the ED to submit a status report and a verification report regarding Mahendru’s health claims.
Mahendru must appear in court on May 1 while on interim bail that was already granted by a trial court on medical grounds. He has requested regular bail as well as an extension of the interim bail of at least 12 weeks, claiming that his surgery is scheduled for May 5 and that he needs to get post-surgery care.

His lawyer claimed that the trial court later prolonged the businessman’s interim bail, which had been granted on February 28 and the accused is still in poor health and that he has placed on record the most recent medical documents.
On February 28, the court had granted interim bail to Mahendru on medical grounds for a period of 30 days after he claimed he was suffering from various ailments.
Later, on March 29, the trial court had extended Mahendru’s interim bail.
Earlier this month, the court had again extended the interim bail granted to Mahendru for a period of seven days while adjourning the matter due to the ongoing protest by advocates.
The ED had earlier alleged that Mahendru is the kingpin and the focal point around which the entire criminal conspiracy developed and he was essential to the cartel’s establishment and ensuring the repayment of the kickback amounts.

Mahendru has been chargesheeted by both the investigating agencies
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#Delhi #seeks #EDs #response #liquor #bizmans #bail #plea #excise #policy #case
( With inputs from www.siasat.com )

April 25, 2023
‘Modi surname’ case: Rahul moves Guj HC against sessions court verdict

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Ahmedabad: Congress leader Rahul Gandhi has moved the Gujarat High Court challenging the Surat Sessions court verdict that rejected his plea seeking a stay on his conviction in the 2019 criminal defamation case over the ‘Modi surname’ remark.
The hearing in the case is likely this week.
A Surat court on April 20 rejected Rahul Gandhi’s plea seeking a stay on his conviction in the 2019 criminal defamation case.

The Congress had said that Rahul Gandhi will move the High Court against the verdict.
In his judgement, Additional sessions judge Robin P Mogera had cited Gandhi’s stature as an MP and former chief of the country’s second-largest political party and said he should have been more careful. He cited prima facie evidence and observations of the trial court and said it transpires that Gandhi made certain derogatory remarks against Prime Minister Narendra Modi apart from comparing people with the same surname with thieves.
Mogera said the surname of the complainant in the case, Bharatiya Janata Party (BJP) lawmaker Purnesh Modi, is also Modi. “…the complainant is [also an] ex-minister and involved in public life and such defamatory remarks would have certainly harmed his reputation and caused him pain and agony in society,” he said.
Mogera cited the disqualification criteria under the Representation of the People Act and added that removal or disqualification as MP could not be termed irreversible or irreparable loss or damage to Gandhi.
Earlier on April 3, the Sessions Court granted bail to the Congress leader.

While granting bail to the former MP, the court had issued notices to Purnesh Modi and the state government.
It heard both parties and then reserved the order for April 20.
Rahul Gandhi was a Lok Sabha MP from Wayanad but was disqualified after a lower court in Surat sentenced him to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Purnesh Modi.
The case pertained to a remark Rahul Gandhi made using the surname ‘Modi’ while addressing a campaign event ahead of the 2019 Lok Sabha elections.
At a rally in Karnataka’s Kolar in April 2019, Rahul, in a dig at Prime Minister Narendra Modi, said, “How come all the thieves have Modi as the common surname?”.
Following his conviction, Rahul was disqualified as an MP on March 24, as per a Supreme Court ruling in 2013. Under the ruling, any MP or MLA is automatically disqualified if convicted and sentenced to two years or more. (ANI)
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#Modi #surname #case #Rahul #moves #Guj #sessions #court #verdict
( With inputs from www.siasat.com )

April 25, 2023
Militancy Case: SIU Files Chargesheet Against Two Militants, Three Associates

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Srinagar April 25: Special Investigation Unit of Srinagar Police presented chargesheet against two militants and three militant associates in a militant case on Tuesday.
In a handout to GNS, the police said that its SIU-I Srinagar presented charge sheet before a court of NIA Srinagar in case FIR No. 69/2022 of Police Station Chanapora against five (05) accused persons including three (03) militant associates & two (02) militants.
The spokesman further said that on November 1st 2022, a case FIR No. 69/2022 under section 7/25 A Act, 13, 18, & 23 UA(P) Act stands registered in Police Station Chanapora Srinagar on receipt of a docket received from In-charge naka party (SHO P/S Chanapora) and the investigation was taken up by the then SDPO Sadder which was subsequently transferred to SIU-I Srinagar by the orders of PHQ J&K Jammu.
Pertinently, two grenades were recovered from the two suspects namely Amir Mushtaq Dar son of Mushtaq Ahmad Dar resident of Sozeith Lawaypora and Kabil Rashid Dar son of Mushtaq Ahmad Dar resident of HMT Srinagar who were intercepted by the Naka party at a checkpoint established at Harnambal near Sports Stadium Natipora Chanapora. Besides, their personal mobile phones with inbuilt SIM cards were also seized. Accordingly, a case was registered and investigation was initiated, he said.
During the course of investigation, another co-accused namely Aqib Jamal Bhat son of Mohd Jamal Bhat resident of Sozeith was apprehended and on his disclosure, one IED which was kept hidden by him in a pit at Rangreth near Railway track was recovered in presence of concerned Executive Magistrate. The said IED was got destroyed/blasted on spot by the Bomb Disposal Squad, he said.
During further course of investigation, it established that the three arrested accused persons Amir Mushtaq Dar, Kabil Rashid Dar & Aqib Jamal Bhat working as militant associates for the militants viz, Momin Gulzar Mir and Basit Ahmad Dar under a well-knit criminal conspiracy were providing logistic support to them and procured hand grenades and IED for carrying out the terrorist activities, he said.
On the strength of evidence collected (material/documentary & oral), the three arrested accused persons were found to be involved in the commission of offences punishable in terms of provision of Arms Act and UA(P) Act under sections 7/25 Arms Act, 13, 18, 23 & 39 UA(P) Act and the accused militants viz Momin Gulzar Mir and Basit Ahmad Dar are found to be involved in the commission of offences under sections 13, 18, 20 & 38 UA(P) Act, who are absconding and the proceedings under section 299 CrPC have been proposed to be initiated against them, he said.
Accordingly, the sanction for launching prosecution against the accused persons was obtained from the Home Department and the charge sheet is presented before the Hon’ble Court of NIA Srinagar today in the instant case, reads the statement
(GNS)

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#Militancy #Case #SIU #Files #Chargesheet #Militants #Associates
( With inputs from : roshankashmir.net )

April 25, 2023