HC directs two men accused in criminal case to clean a beach

Mumbai:The Bombay High Court has quashed a case of criminal intimidation against two persons and directed them to do community service for a month by helping in the cleaning of a beach in Mumbai.

A division bench of Justices Ranjit More and Bharti Dangre was Monday hearing an application filed by city residents Angad Singh Sethi (22) and Kunwar Singh Sethi (25), seeking to quash the FIR lodged against them by the Bandra- Kurla Complex (BKC) police on September 10, 2017.

According to the police, the duo had last year threatened a man, who runs a hotel, with a replica gun and demanding that he open his establishment and serve them.

The man later complained to the police and lodged a case them.

The accused persons’ counsel Ashok Mundargi told the high court that they have amicably settled the case with the complainant. “We are willing to pay monetary compensation too,” Mundargi said.

To this, the court said, “If we ask them to just pay monetary compensation, then their parents will pay the money and it will not serve any purpose. We want the accused to pay individually.” 

Mundargi then said the duo would do community service.

The bench then directed the two accused to volunteer for the suburban Versova beach cleaning project, which is led by advocate Afroz Shah, every weekend for one month.

“In addition to this, the applicants shall also pay a sum of Rs 20,000 each to Tata Memorial Hospital,” the court directed and quashed the case against the duo.

Bombay HC quashes case against 2 doctors under PCPNDT Act

Bombay HC quashes case against 2 doctors under PCPNDT Act
Bombay HC quashes case against 2 doctors under PCPNDT Act

The Bombay High Court has quashed a case against two doctors in Pune under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT), saying subjecting them to unnecessary criminal prosecution is nothing but an abuse of the process of the law.

Justice Anuja Prabhudessai recently quashed and set aside the criminal case registered against Rajender Sujanyal, a gynaecologist who runs a hospital in Pimpri, and Shripad Inamdar, a radiologist who visits the hospital to conduct sonography on pregnant women.

In June 2012, an officer of the Pimpri Chinchwad Municipal Corporation visited the hospital to check if provisions of the PCPNDT Act were being followed. After a month, a medical officer sealed the ultra-sound machine in the hospital claiming violations in maintenance of Form ‘F’ which is filled and signed by the sonologist before a sonography is done on a pregnant woman.

According to the medical officer, the forms are supposed to be signed by the sonologist himself but in this case it was signed by the gynaecologist.

The petitioners contended that the hand-written forms are signed by sonologist but the computer generated forms are printed with Sujanyal’s signature as he is the head of the hospital. They argued that the discrepancies and deficiencies alleged in the complaint do not constitute an offence under the Act.

The high court after hearing the case observed that the authority has not been able to point out any provision under the Act which stipulates that the computer printout of the Form ‘F’ are required to be signed by the radiologist and that omission of this signature is in breach of the Act.

“Under such circumstances sealing of the sonography machine and subjecting the petitioners to unnecessary criminal prosecution is nothing but an abuse of the process of the law,” the court said.

“The PCPNDT Act, which has been enacted with an avowed object of preventing female foeticide, confers wide powers of the appropriate authority to ensure that the diagnostic techniques are not misused for sex selection,” it said.

“Needless to state that the object of the Act can be achieved only when the powers under the Act are exercised judiciously with due application of mind and in accordance with law. Whereas mechanical, casual or arbitrary exercise of powers or misuse of powers by the authority can defeat the very object of the Act,” Justice Prabhudessai said.

The court noted that in the present case, the medical officer exercised his powers in a very “cursory manner” without paying heed to the explanation given by the doctors.

( Source – PTI )

Kerala HC denied pre-arrest bail to local CPI(M) leader

Kerala HC denied pre-arrest bail to local CPI(M) leader
Kerala HC denied pre-arrest bail to local CPI(M) leader

Kerala High Court today rejected the anticipatory bail application of a local CPI(M) leader, who has been named as an accused in a criminal case, and directed him to surrender.

Justice P Ubaid asked petitioner Zakir Hussain, who has been booked on the charge of threatening a man over a business deal, to surrender before the investigating officer within a week.

The Judge directed the police to produce Hussain before the magistrate court after interrogation and said the magistrate should consider his bail application in accordance with law.

Hussain, whose whereabouts were not known since registration of the criminal case against him, had moved the high court after a sessions court dismissed his anticipatory bail application.

A case under non-bailable section has been registered by police on a complaint sent to Chief Minister Pinarayi Vijayan by victim Jube Poulose of Ernakulam here.

In his complaint, Poulose had alleged that he was forcibly taken to a place by a gang, where Hussain threatened him with dire consequences over the business deal.

CPI(M) has removed Hussain from the post of party’s Kalamassery Area Secretary. However, he has been retained as member of the party’s district committee.

( Source – PTI )

51 Nigerians chargesheeted in 2013 assault case

51 Nigerians chargesheeted in 2013 assault case
51 Nigerians chargesheeted in 2013 assault case

Goa Police today chargesheeted 51 Nigerians and a Ghana national who had blocked a national highway here in 2013 after assaulting policemen during a protest against the murder of an African man.

Porvorim police Inspector Jivba Dalvi who was investigating the case, filed the charge sheet before Mapusa Judicial Magistrate First Class.

The police had registered 52 different FIRs against a Ghana and 51 Nigerian nationals.

All the accused were booked under sections 341, 143, 147, 148, 152, 153, 427, 504, 506 323, 324, 307, 332, 353, 297 read 149 of IPC (related to rioting, assault on policemen, unlawful assembly) and Section 3 of Prevention of Damage to Public Property Act 1984 and Section 8 (B) National Highway Act, 1956.

According to the charge sheet, police have examined 92 witnesses including senior police officers who were present at the spot when a group of African nationals who were carrying a body blocked the road and assaulted policemen.

Police have collected 35 evidences including deadly weapons and vehicles which were used by the mob.

The investigation had revealed that the mob had blocked the hearse van which was carrying the body and assaulted policemen.

The body was thrown on the road demanding justice for the African national.

A Nigerian national was allegedly murdered as a part of drug rivalry between two groups in the coastal belt.

( Source – PTI )

Sex CD case: Sacked AAP Minister sent to JC

Sex CD case: Sacked AAP Minister sent to JC
Sex CD case: Sacked AAP Minister sent to JC

Sacked Delhi Minister and AAP MLA Sandeep Kumar, arrested on rape charges on the complaint of a woman, was today sent to 14-day judicial custody by a court here.

Special Judge Poonam Chaudhry remanded 36-year-old Kumar to judicial custody till September 23 after the Delhi Police submitted he was not required for custodial interrogation.

Police sought judicial custody of the MLA, who was produced before the court on expiry of his one-day police remand, to conduct fair investigation and prevent the accused from tampering with evidence.

The police, which had yesterday got extended Kumar’s police custody by a day to recover the original electronic device used for making the alleged objectionable video, said it could not be recovered.

Meanwhile, advocate Pradeep Rana, appearing for Kumar, claimed there was a threat to the MLA’s life in jail and he should be provided special armed guards and a separate cell during judicial custody.

To this, the court forwarded the application to the jail superintendent directing him to consider it as per the prison manual.

During the hearing, the police responded to another plea moved by the defence counsel alleging that he was illegally arrested and the probe agency had not given any ground for doing so.

The police said Kumar was arrested on the basis of incriminating evidence collected against him.

The prosecution had earlier argued that Kumar was not cooperating in the probe.

Kumar was arrested on September 3 after a woman had approached Sultanpuri police station in North Delhi complaining of sexual harassment against the former Social Welfare and Women and Child Development minister, following which a case was filed. The woman had figured in an objectionable video with him.

( Source – PTI )

Man discharged of raping 63-yr-old German ex-wife

Man discharged of raping 63-yr-old German ex-wife
Man discharged of raping 63-yr-old German ex-wife

A Delhi court has discharged a 37-year-old man, accused of raping his 63-year-old ex-wife, a German national, saying there was an inexplicable delay of three years in lodging FIR in the case.

Additional Sessions Judge Praveen Kumar, while discharging the accused, a Delhi resident, also noted that there was no medical evidence to support the allegations of rape against him.

“The delay of one or two days in lodging the FIR may be bonafide, reasonable and justified in the facts and circumstances of a given case. However, in the present case there is a delay of about three years in lodging FIR,” the judge said.

“After examining the documentary as well as oral evidence …it is not showing that accused committed the alleged offences for which he is being prosecuted because there is no valid justification for delay in lodging the FIR.

The court further said the evidentiary value of medical evidence is zero and the consent was obtained on pretext of marriage, so it cannot be said to result from misconception of fact in the facts and circumstances of this case.”

“I am of the opinion that the materials placed before the court do not disclose the grave suspicion against the accused for framing a charge against him for committing offence punishable under section 376 of the IPC,” the judge said.

The court’s order came on a complaint of the German woman alleging that she came to India in 2001 and met accused in a hotel at Dharamshala in Himachal Pradesh and they married each other in 2005.

However, they got divorced in 2007, but later in September 2012, they met again and accused established physical relation with her against her consent with a promise to remarry her, but again ditched her, the complaint said.

An FIR in the case was lodged in 2015 on the complaint of the woman under sections 376 (rape) and 420 (cheating) of IPC.

The court discharged him under section 376 but directed him to appear before another magisterial court to be tried for the offence of cheating.

The accused, while denying the rape allegations, had contended that the physical relations between them after divorce were consensual.

( Source – PTI )

Gulberg society case: Quantum of sentence likely tomorrow

Gulberg society case: Quantum of sentence likely tomorrow
Gulberg society case: Quantum of sentence likely tomorrow

A special SIT court, which had on June 2 convicted 24 accused in the 2002 post-Godhra Gulberg society massacre case, is expected to pronounce the quantum of sentence tomorrow.

The prosecution is likely to seek capital punishment for the 11 convicted who were charged with murder, while the lawyer of victims may seek life imprisonment for them.

On June 2, Special Court Judge P B Desai had convicted 24 of the 66 accused, including a VHP leader, in the Gulberg society massacre, which left 69 people including former Congress MP Eshan Jafri dead.

Out of the total 66 accused, six had died during the trial. Of the 24 convicted, 11 have been charged with murder, while 13 others, including VHP leader Atul Vaidya, have been convicted for lesser offences.

While pronouncing the judgement, the court had said there was no evidence of criminal conspiracy in the case and dropped charges under section 120-B of the IPC.

Those acquitted include sitting BJP corporator Bipin Patel, the then police inspector of the area under which the Gulberg Society was located, K G Erda, and former Congress corporator Meghsinh Chaudhari.

The Gulberg Society case shook the nation when a mob set about attacking the society in the heart of Ahmedabad and killed the residents, including Jafri.

It is one of the nine cases of the 2002 Gujarat riots probed by the Supreme Court-appointed SIT.

The incident had taken place a day after S-6 coach of Sabarmati Express was burnt near Godhra train station on February 27, 2002 during which 58 ‘karsevaks’ were killed.

After the judgement, Ehsan Jafri’s wife Zakia Jafri had expressed disappointment over the verdict, saying all of them should have been punished because they killed people and destroyed their property.

Of the 66 accused named by the SIT in the case, nine are already behind bars, while others are out on bail.

Coal scam:CBI to make accused approver ag’st Jindal

Coal scam:CBI to make accused approver ag'st Jindal
Coal scam:CBI to make accused approver ag’st Jindal

The CBI today gave its nod before a special court here to make an employee of Jindal Group an approver in a coal scam case involving industrialist Naveen Jindal of the group and others as accused.

Jindal, former Minister of State for Coal Dasari Narayan Rao, ex-Jharkhand Chief Minister Madhu Koda and 12 others are accused in the case pertaining to alleged irregularities in allocation of Amarkonda Murgadangal coal block to Jindal Steel and Power Ltd (JSPL) and GSIPL in 2008.

Special Judge Bharat Parashar has now fixed the matter for June 6 for pronouncing the order on the application of chartered accountant Suresh Singhal, who is also an accused in the case, that he be pardoned and made an approver.

The court reserved its order on Singhal’s plea after the probe agency submitted that as per the investigation conducted so far, the accused is likely to help in the prosecution and the CBI had no objection on his application.

Earlier, the court had allowed CBI to quiz Singhal and further probe the matter before answering his application.

During the proceedings, the CBI told the court that the investigation was being conducted in the matter and it had recorded the statement of the accused and had recovered certain documents during the probe.

However, it told the court that the investigation was yet to be completed.

At this, the court told the CBI, “Don’t be so slow in the process.”

During the hearing, the court also took strong note of several accused filing “unnecessary applications” before the court and asked them to refrain from doing so.

“Stop moving unnecessary applications. The case has now moved beyond the point of charge. Reserve applications for genuine reasons. Let the trial begin,” the court said, adding that it can take strong action in future.

The court made the observations on an application seeking exemption from personal appearance on medical grounds, without being supported with any medical certificate.

On April 29, the court had ordered framing of charges against the accused for criminal conspiracy, cheating and other offences in Amarkonda Murgadangal coal block allocation scam case.

The court is yet to formally frame charges against the accused.

 ( Source – PTI )

Illegal confinement:CJM orders kotwali inspector to lodge case

Illegal confinement:CJM orders kotwali inspector to lodge case
Illegal confinement:CJM orders kotwali inspector to lodge case

A chief judicial magistrate here has ordered inspector of the kotwali to register a case against eight police personnel and a homeguard after an advocate alleged that he was kept in “illegal confinement” and “looted” by them last month.

Complainant Anil Kumar Tewari alleged he was kept in a lock-up of Mathura Refinery Police Station and his mobile phone along with Rs 2,000 cash was looted by the police personnel and homeguard led by the SHO of the Refinery police station on April 17.

Tewari also claimed he was made to suffer because he had opposed alleged bribe-taking by a woman constable and a homeguard, who had come for medical examination regarding a case, in a district hospital.

Chief Judicial Magistrate Rajveer Singh has also ordered the Inspector of Kotwali to investigate the case after registering it.

“I was set free only when 25-30 advocates reached the same day at the Refinery Police Station and protested the illegal confinement,” the complaint claimed.

( Source – PTI )

M’nagar riots: Court acquits 10 in twin murder case

M'nagar riots: Court acquits 10 in twin murder case
M’nagar riots: Court acquits 10 in twin murder case

A local court today acquitted ten persons in connection with the killing of a woman and a boy during the 2013 Muzaffarnagar riots due to lack of evidence.

It is the first case of the riots in which accused were acquitted by the court.

Additional District and Sessions judge Arvind Kumar Upadhyay acquitted the persons who were accused of burning a 30-year-old woman and a 10-year-old boy alive as well as severely injuring another woman at Lank village during the Muzaffarnagar riots.

According to the prosecution, the persons were also accused of rioting in the area.

A case was filed against them under relevant sections of IPC on the complaint of family members of the victims.

A Special Investigation Team (SIT) probing the riots had filed a charge sheet against the accused.

( Source – PTI )