Judicial Magistrate Archives

Rajasthan High Court stays coercive action against Judicial Magistrate who asked Rape survivor to strip; directs media restraint

Rajasthan High Court directed the media to refrain from sensationalizing the case, emphasizing the need to avoid tarnishing the image of the judiciary.

Case Briefs District Court

Gurugram Court calls for action against ACP for not following Police Salute Protocol

The Court rebuked the ACP’s ignorance of the rules governing his service and was of the view that he needed to be trained properly by making him aware of the rules and protocols.

Case Briefs District Court

No cognizance of offence u/S. 188 IPC unless DM makes a complaint to Judicial Magistrate under S. 195 CrPC: Gurgaon District Court

“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.

Op Eds OP. ED.

Reflections on India’s Preventive Detention Laws: Need for Judicial Scrutiny of the Administratively Steered Mechanism

by Pooja Rajawat† and Jayam Jha††

Case Briefs High Courts

Orissa High Court issues contempt notice to the President of Tangi Bar Association for abusing a Judicial Magistrate

Orissa High Court: The division bench comprising of S. Talapatra and S.K. Panigrahi, JJ. directed for the issue of notice

Case Briefs High Courts

Can Additional Sessions Judge or Sessions Judge try offences under Insolvency and Bankruptcy Code, 2016? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that Special Court which is to try offences under the Insolvency and Bankruptcy Code,

Case Briefs High Courts

Bom HC discusses law where accused already granted bail but further non-bailable offences are added by prosecution. Read decision

Bombay High Court: Sandeep K. Shinde, J., reiterated the law laid down by the Supreme Court in the case of Pradip Ram

Case Briefs High Courts

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

Gauhati High Court: The Division Bench of Suman Shyam and Mir Alfaz Ali, JJ., heard the instant petition against the judgment and

Case Briefs High Courts

P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of

Case Briefs High Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case Briefs High Courts

Madras HC | “Every time a custodial death occurs, legitimacy of State suffers a big dent”; Judicial Magistrate to ensure that family of deceased be given access to see body & allowed to access photos and videos

Madras High Court: G.R. Swaminathan, J., observed that, What the government does must inspire the confidence of the people. Every time a

Case Briefs High Courts

[Malafide Litigation] Madras HC | Proceedings under S. 420 IPC quashed for being counterblast to complaint instituted under S. 138 NI Act

Madras High Court: G.K. Ilanthiraiyan, J., allowed a criminal original petition and quashed the proceedings in a criminal case filed against the

Case Briefs High Courts

Gau HC | Can a Judge be sued for any act done or ordered to be done by him in discharge of his judicial duty? HC discusses provision

Gauhati High Court: Ajai Lamba, CJ while addressing the present petition observed that, “…the protection available under the Judges (Protection) Act, 1985 is

Case Briefs High Courts

Chh HC | Can an ‘Approver’ who has been granted pardon under S. 306(1) CrPC be released on bail in exercise of inherent jurisdiction under S. 482 CrPC in view of bar under S. 306(4)(b) of the Code? HC answers

Chhattisgarh High Court: Sanjay K Agrawal, J. granted bail observing various provisions relating to the inherent powers of High Court regarding granting

Case Briefs High Courts

TN Custodial Deaths | Madras HC passes slew of directions for conducting of enquiry by the Judicial Magistrate in the brutal killing of father-son duo

Madras High Court: A Division Bench of P.N. Prakash and B. Pugalendhi, JJ. had directed the Judicial Magistrate (I), Kovilpatti, to go

Case Briefs High Courts

Kar HC | SHO of police station has no authority of law unless the Jurisdictional Magistrate permits police officer to investigate the non-cognizable offence

Karnataka High Court: P.G.M. Patil, J. issued guidelines to be followed by Judicial Magistrates, for the passing of orders when the requisition

Case Briefs High Courts

Sikk HC | Criminal proceedings initiated under Ss. 186, 290 and 353 of IPC found non-heinous and quashed, as parties entered into a compromise

Sikkim High Court: Arup Kumar Goswami, CJ. quashed a criminal case under Section 482 of the Code of Criminal Procedure, 1973. In

Case Briefs High Courts

Solemn duty of Court to protect life and liberty of citizens; Judicial Magistrate cautioned for issuing warrant without perusing chargesheet

Tripura High Court: A Bench of Arindam Lodh, J. allowed a petition for quashing of criminal proceedings pending against the petitioner. The petitioner