Tag: Court

Court Orders Probe Into Srinagar Resident’s Fraud Complaint Against Conman

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SRINAGAR: A court in Srinagar has ordered “preliminary enquiry” into an application by a resident of Rambagh Srinagar, alleging defrauding of Rs 18 Lakh by three persons including Kiranbhai Patel who posed as a PMO official and enjoyed high security protocols prior to his arrested last month.
“From the contents of application as well as from the material on record, it appears that the complainant has been cheated by the accused and on false pretensions has been made to pay amount of Rs 18 lakhs in two installments at Pratap Park Srinagar and Chai Jai Restaurant Srinagar,” court of City Judge Srinagar said.
“In view of the nature of allegations leveled against the accused, it appears that cause of justice will be reserved if concerned police station is directed to conduct detailed P.E (preliminary enquiry) before formal investigation for veracity of the facts projected in the application,” the court said in an order, a copy of which lies with GNS, and directed the SHO of Police Station Kothibagh to conduct preliminary enquiry in the matter and submit detailed report before it by or before the next date on April 15. The two other persons named in the compliant include Shailesh Jain and Piyush Jain, both residents of Kolkata.
According to the complaint filed through advocate Amir Masoodi, Patel revealed his name as Chetan Prakash resident of Begumpur, North West Delhi and projected himself as managing partner at the particular company dealing in areca nuts.
The resident has alleged that he paid Rs.18 lakh in two instalments following the interactions with Patel at Pratap Park Srinagar and at the Chai Jai restaurant in Srinagar last year.
Patel was arrested on March 2 for posing as a senior official in the Prime Minister’s Office. He had managed to get Z-category security protocol during his visits to the valley and attended several official meetings. Patel had also visited many sensitive areas, including the Line of Control in Uri sector.
Pertinently, on March 29, the government ordered inquiry into the various aspects related to the visits of “Kiran Patel” who conned the security establishment in J&K into believing him to be a PMO official and enjoyed five star protocol “brazenly” for a considerable period of time prior to his arrest.
The inquiry is being conducted by Divisional Commissioner Srinagar and he is required to submit a report within a week.

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#Court #Orders #Probe #Srinagar #Residents #Fraud #Complaint #Conman
( With inputs from : kashmirlife.net )

April 3, 2023
Rahul Gandhi to file appeal in Surat court against conviction in defamation case

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Surat: Congress leader Rahul Gandhi will be in Gujarat’s Surat city on Monday to file an appeal in a court against his conviction in a criminal defamation case over his “Modi surname” remarks.
Senior Congress leaders, including Priyanka Gandhi Vadra, chief ministers of three Congress-ruled states, and other national and state party leaders are likely to accompany him to the court, sources said.
Gandhi’s lawyers said the matter is likely to be taken up for hearing by the sessions court on Monday itself.

The Congress leader will seek suspension of his sentence by the sessions court, they said.
Gandhi will land in Surat at around 2 pm, as per the Congress sources.
Rajasthan Chief Minister Ashok Gehlot, Congress Rajya Sabha member K C Venugopal, and other senior party leaders will also be in Surat.
Congress general secretary Priyanka Gandhi Vadra, Chhattisgarh Chief Minister Bhupesh Baghel, and Himachal Pradesh CM Sukhvinder Singh Sukhu are also likely to be in the city as Gandhi moves court, the sources said.
The court of Chief Judicial Magistrate H H Varma here had on March 23 convicted 52-year-old Gandhi and sentenced him to two years in jail in a 2019 criminal defamation case filed against him over his “Modi surname” remarks.

It had held the Congress leader guilty under Indian Penal Code sections 499 and 500.
The court had also granted him bail and suspended the sentence for 30 days to appeal in a higher court.
The former Congress chief was on March 24 disqualified from the Lok Sabha following his conviction by the Surat court in the case.
Following his disqualification, Gandhi would not be able to contest elections for eight years unless a higher court stays his conviction and sentence.
The case was filed against Gandhi on a complaint by Bharatiya Janata Party MLA and former Gujarat minister Purnesh Modi for the Congress leader’s alleged remarks “How come all thieves have Modi as the common surname?”
Gandhi, who had served as an MP from Wayanad in Kerala, made the remarks while addressing a rally at Kolar in Karnataka on April 13, 2019, during the Lok Sabha elections campaign.
The sentence of two years invited his disqualification from the membership of Parliament under provisions of the Representation of the People Act, 1951.
The RP Act holds that an MP or a member of the legislative Assembly (MLA) convicted for any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.
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#Rahul #Gandhi #file #appeal #Surat #court #conviction #defamation #case
( With inputs from www.siasat.com )

April 3, 2023
Rahul to appear in Surat court on Monday for filing of appeal

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New Delhi: Congress leader Rahul Gandhi will be present in a court in Gujarat’s Surat on Monday as an appeal is filed against his conviction and sentencing in a criminal defamation case while party workers and leaders are reaching there.
The legal team has done all the preparation for the appeal, party sources said.
Gandhi was convicted on March 23 in the defamation case and sentenced to two years jail, following which he was disqualified from the Lok Sabha.

Congress President Mallikarjun Kharge on Thursday had said that a legal team was working on the case.
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#Rahul #Surat #court #Monday #filing #appeal
( With inputs from www.siasat.com )

April 2, 2023
Court charges 4 for rioting, setting mosque on fire in 2020 Delhi riots
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Four men have been charged by the Delhi Court on Saturday for rioting, and setting a mosque ablaze during the 2020 north East Delhi riots.
The accused – Ankit Sourabh Sharma, Rahul Kumar and Sachin – were identified on the basis of CCTV cameras present on the riot site.
According to the FIR lodged at Karawal Nagar police station, the complainant Mohammed Imran had alleged that the four were part of a mob that set fire to the Allah Wali mosque situated in Shahid Bhagat Singh Colony. They also tore the Quran present there and placed a Hindu idol in front of the Masjid.

Based on eyewitness ALi Ahmed’s statements, the court observed that accused Rohit was “instigating other members of the mob” to set fire to the masjid as well as nearby Muslim households.
Other accused Sourabh set the masjid on fire while Ankit tore and damaged articles inside the holy place.
“CCTV footage was used for identification of accused persons and the case basically rests on the account of fact given by eyewitnesses i.e. police officials and public persons, who identified the accused persons and pointed out to them in the CCTV footage. When all the accused persons are alleged to be members of unlawful assembly, it becomes immaterial, if a particular accused is not alleged with any specific overt act regarding setting fire in the mosque,” the court observed.
The five accused have been charged under the sections:
147(rioting)
148 (guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death)
427 (Mischief causing damage to the amount of fifty rupees)
436(Mischief by fire or explosive substance)
149(Offence committed by any member of an unlawful assembly in prosecution, every person who, at the time of the committing of that offence, is a member of the crime), 188(Disobedience to order duly promulgated by public servant) and 450(Commit offence punishable with imprisonment for life) of the IPC.
Rohit was additionally charged with Sections

109 (If the act abetted is committed in consequence of the abetment)
114 (Abettor present when offence is committed) of the IPC
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#Court #charges #rioting #setting #mosque #fire #Delhi #riots
( With inputs from www.siasat.com )
April 2, 2023
Guj court acquits all 26 accused in 2002 gangrape & murders case

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Godhra: A court in Gujarat has acquitted all 26 persons accused of gang rape and murder of more than a dozen members of a minority community in separate incidents in Kalol during 2002 communal riots for want of evidence in the 20-year-old case.
Of the total 39 accused, 13 died during the pendency of the case and the trial against them was abated.
A court of additional sessions judge of Halol in Panchmahal district, Leelabhai Chudasama, on Friday acquitted 26 persons for the offence of murder, gangrape and rioting for want of evidence.
“As many as 13 out of a total 39 accused in the case had died during the pendency of the trial,” the court said in the order passed on Friday.

The accused persons were part of a mob that went on a rampage in the communal riots that broke out on March 1, 2002, during a bandh call given after the Sabarmati train burning incident in Godhra on February 27. An FIR was lodged against the accused at Kalol police station on March 2 that year.
The prosecution examined 190 witnesses and 334 documentary evidence in support of its argument, but the court said there were contradictions in the witnesses’ accounts, and they did not support the prosecution’s argument.
On March 1, 2002, a mob of over 2,000 people from two different communities clashed with sharp weapons and inflammable objects in Kalol city in Gandhinagar district.
They damaged shops and set them on fire. A man who was injured in police firing and being rushed to the hospital was burnt alive along with a tempo. The mob attacked and killed another man coming out of a mosque and burnt his body inside the mosque.
In another incident, 38 persons fleeing Delol village and coming towards Kalol were attacked and 11 of them were burnt alive. A woman was gang raped when she and others were trying to escape, as per the FIR.

(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Guj #court #acquits #accused #gangrape #murders #case
( With inputs from www.siasat.com )

April 2, 2023
Remark against Uddhav: Raigad court discharges Union minister Rane

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Mumbai: A magistrate court in Raigad district of Maharashtra on Saturday discharged Union minister and BJP leader Narayan Rane in a case pertaining to his controversial remark against the then chief minister Udhav Thackeray.
Rane was discharged from the case by Chief Judicial Magistrate ( Raigad-Alibaug) S W Ugale. A detailed order is not available yet.
An FIR was registered against Rane at Mahad in Raigad district under sections 189 (threat of injury to public servant), 504 (intentional insult to provoke breach of public peace) and 505 (statements conducive to public mischief) of the Indian Penal Code in 2021.

Rane was arrested from the coastal Ratnagiri district for his remark that he would have slapped Thackeray over the latter’s ignorance of the year of India’s independence.
“Rane allegedly made a statement on the (then) chief minister’s conduct. He didn’t make any statement which was promoting enmity between different groups on the ground of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever,” his lawyer Satish Maneshinde had submitted during the hearing of the discharge application.
Furthermore, the alleged statement was not likely to cause any disharmony or feelings of enmity, hatred or ill-will between religious, racial, language or regional groups or castes or communities, the advocate had argued.
He had said the case was politically motivated and hence, bad in law.
Rane faces four FIRs across Maharashtra over his controversial remark.

“It is shameful that the chief minister (Uddhav Thackeray) does not know the year of independence. He leaned back to enquire about the count of years of independence during his speech. Had I been there, I would have given (him) a tight slap,” Rane had said.
He had claimed Thackeray forgot the year of independence during his August 15 address to the people of the state.
Rane had defended his remarks against Thackeray, saying he hasn’t committed any crime by making them.
Thackeray had served as the chief minister from November 2019 to June 2022.
(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)
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#Remark #Uddhav #Raigad #court #discharges #Union #minister #Rane
( With inputs from www.siasat.com )

April 1, 2023
UP: 4, including SHO, booked under corruption charges on court orders

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Bahraich: Four persons, including an in-charge inspector, have been booked on court orders for corruption among other allegations, an official said on Saturday.
The Superintendent of Police (SP) has handed over the investigation of the case to police Circle Officer Payagpur, it said.
Additional Superintendent of Police (City) Kunwar Gyananjay Singh told PTI that in compliance with an order from the court of the Chief Judicial Magistrate (CJM), an FIR has been registered against four people, including SHO Rajesh Kumar Singh, a police constable and two others on Thursday at Jarwal Road police station.

They have been booked under sections 323 (voluntarily causing hurt), 504 (intentional insult), 506 (criminal intimidation), 452 (house trespass) and 427 (mischief causing damage) of the IPC and sections 7 and 13 of the prevention of corruption act.
The Circle Officer of Payagpur has been entrusted with the investigation of the matter, he said.
According to Kulbhushan Mishra, the counsel for Sunita, a resident of Gram Panchayat Bambaura, she had filed a case in the CJM Court stating that she has a land dispute with the Bambhora Cooperative Sugarcane Society, which is pending in the High Court, but the secretary and staff of the committee tried to forcefully evict them from their land despite the pendency of the case.
The counsel for Sunita alleged that on March 1, 2022, sugarcane committee secretary Deepak Verma and employee Awadhesh Kumar tried to forcefully evict Sunita and her husband from their house and land.
When Sunita approached the police station, instead of helping, the station in-charge inspector Rajesh Singh and police constable Pratap Singh etc. abused her husband and beat him.

He also alleged that the SHO also took a bribe of Rs 10,000 from Sunita’s husband and alleged that the accused misused their position.
Sunita also said she approached senior officials but did not get justice, Mishra said, adding that the court has ordered to file a case against the four accused including the SHO.
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#including #SHO #booked #corruption #charges #court #orders
( With inputs from www.siasat.com )

April 1, 2023
US court ends uncertainty over work permit for H-1B spouses

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Washington: In major relief for thousands of Indian techies, a US court has dismissed a lawsuit that sought to deny work authorisation to spouses of H-1B visa holders in queue for Green Card, ending the uncertainty that has dogged them for years.
A district court of Washington ruled on Wednesday that the work authorisation is in compliance with the Immigration and Naturalisation Act and supported by “decades of Executive-branch practice, and both explicit and implicit congressional ratification of that practice”.
The United States had granted more than 59,000 work authorisations – called Employment Authorisation Documents (EADs) and Form I-765 – in 2021, including both initial and renewal to holders of H-4 visas that are granted to spouses of H-1B visa holders who are mostly from India. There are more than 100,000 H-4 EAD holders now, mostly women.

The US has been granting EADs to H-4 spouses of H-1B visa holders whose applications have been accepted for Green Card since 2015, under a rule introduced by then President Barack Obama. The objective was to make it financially worthwhile for H-1 holders waiting for Green Card, which takes many years for applicants from India.
The rule, technically issued by the Department of Homeland Security (DHS), was challenged by Save Jobs USA, an organisation of workers of a California company laid off because their jobs had been outsourced – also in 2015 – to two companies from India, Infosys and Tata Consultancy, which were staffed almost entirely at the time with Indian IT workers on H-1B visas.
The rule was defended by the DGS, joined by intervenors Immigration Voice and an impacted Indian-descent H-1B spouse, and friend-of-court filings from more than 40 companies and organisations.
Save Jobs USA had argued, chiefly, that the “rule lacks statutory authorization, violates the non-delegation doctrine, and is arbitrary and capricious”.
US District Judge Tanya S. Chutkan threw out their lawsuit, ending years of uncertainty, which included four years of President Donald Trump’s term, when immigration hardliners of his administration had appeared more sympathetic to the case made out by the Save Jobs USA than to DHS.

After proposing it in 2017, the Trump administration had notified a rule in 2019 rescinding the H-4 EAD rule.
And as an out-of-court settlement seemed between the Trump administration and Save Jobs USA, Immigration Voice, an advocacy group of Indians pushing for changes in US laws to end long waiting periods for Indians in queue for Green Card. Vikram Desai of the organisation said it was this intervention that prevented the out-of-court settlement.
“None of the big tech companies in 2017 and during the Trump administration did anything to help with saving the H4 EAD programme. In fact, big tech discouraged their employees citing fear of retaliation from the Trump administration,” Desai said, adding, “Our members have been extremely upset about the double-standards that the large tech companies continue to show on high-skilled immigration and equality for their employees.”
President Joe Biden withdrew the Trump era proposal on his first day in office, among a whole host of other rules and decisions from his predecessor’s administration. Clearly, the Biden administration has been in favour of letting H-1B spouses work, as ordered during President Obama’s tenure.
The court order has ended all and any remaining uncertainty.
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#court #ends #uncertainty #work #permit #H1B #spouses
( With inputs from www.siasat.com )

April 1, 2023
Mehrauli murder: Delhi court directs authorities to ensure Poonawala’s safety

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New Delhi: Counsel of Aaftab Amin Poonawala, who is accused of strangling his live-in partner Shraddha Walkar to death, chopping her body into several pieces, storing them in a fridge before disposing of them in a forest over three months, on Friday complained in court that his client was “manhandled” during his production in court.
As Additional Sessions Judge Manisha Khurana Kakkar heard the arguments on charges against the accused, she also directed the authorities concerned to ensure the safety of Poonawala.
“Lock-up in charge, Saket Court, as well as jail superintendent, are directed to ensure that the accused is produced safely during court productions,” she said.
The Delhi Police had earlier told the court that incriminating circumstances are clearly revealed through reliable and clinching evidence and they form a chain of events.
Poonawala has been booked for the offences under the Indian Penal Code Sections 302 and 201 for murder and causing disappearance of evidence of offence, respectively.
The accused’s counsel, on Friday, contended that Section 201 can be invoked only against the person who screens the offender and not against the person accused of the main offence.
Appearing for Police, Special Public Prosecutor Amit Prasad argued that he would place on record judgements against the argument.
During the hearing, victim’s father Vikas Walkar had prayed the court for supply of audio-video evidence attached with the charge sheet.

The SPP had opposed the request, saying that dissemination of such material to media would cause prejudice to the accused.
If it is supplied, then the condition of no dissemination to anyone should be imposed, he said.
The court has listed the matter for further proceedings on April 3.
SPP Prasad had earlier submitted that the accused is a trained chef from Taj Hotel and is aware of preserving flesh.
Poonawala had also ordered dry ice, agarbatti etc. after killing Shraddha Walker, the police had said.
It was added by the police that after committing the crime, he got into a new relationship and gave a ring to his new girlfriend.
On February 21, a city court had sent the case to the sessions court for initiation of trial proceedings.
Metropolitan magistrate Aviral Shukla had said: “Scrutiny of documents is complete… Section 302 (murder) of the Indian Penal Code is exclusively triable by sessions court.”
The court had on February 7 taken cognisance of the charge sheet filed by the Delhi Police against Poonawala which ran over 6,000 pages.
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#Mehrauli #murder #Delhi #court #directs #authorities #ensure #Poonawalas #safety
( With inputs from www.siasat.com )

April 1, 2023
30 Years After Student’s Death in Fake Encounter, Court Hands Life Term to Retired Policeman – Kashmir News

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30 Years After Student’s Death in Fake Encounter, Court Hands Life Term to Retired Policeman
Over three decades after the death of a 21-year-old man in a fake encounter here, a local court on Friday sentenced a retired sub inspector to life imprisonment. Additional Sessions Judge Pashupatinath Mishra on Wednesday held Yudhisther Singh, the then sub inspector, guilty of killing Mukesh Johri alias Lali, on July 23, 1992 in Bada Bazar area of the city.
The court awarded life imprisonment to Singh on Friday and also imposed a fine of Rs 30,000 on him, government counsel Ashutosh Dubey said.
It said the fine amount will be provided to relatives of the victim.
According to police, Singh, who was posted at Thana Kotwali, claimed to have killed Lali in an encounter in self-defence. The then SI had filed a case of robbery and murderous attack against the victim.
In a report submitted by Singh, he had alleged that while returning after buying household items from Bada Bazar on the fateful day, he saw three people having a dispute with a salesman of the Pink City Wine Shop and anticipating robbery, he challenged the accused and one of them opened fire on him, but he escaped narrowly.
The SI had said that if he had not fired, the miscreants would have killed him. He said he fired at one of them with his official revolver due to which he fell down bleeding.
Singh, however, was accused of killing Lali, a second-year BA student, by the victim’s family.

Chandra Johri, the mother of the deceased, had taken refuge in the Supreme Court to file a report against Singh and others, and later the investigation was handed over to the CB-CID. “In the inquiry, it was found that Singh was not on duty at the time of the incident and misused his official revolver. The then SI had said that Lali was shot from the front, but the post-mortem examination revealed that the bullet was found in the back,” Dubey said, adding that there was no encounter and Singh deliberately fired at the victim with the intention of killing him.
On November 20, 1997, an FIR for murder was registered against Singh on the complaint letter of Inspector Sheeshpal Singh of the CB-CID.
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#Years #Students #Death #Fake #Encounter #Court #Hands #Life #Term #Retired #Policeman #Kashmir #News
( With inputs from : kashmirnews.in )

March 31, 2023