Thorat & Associate's

The High Court of Delhi has observed that police cannot be allowed to file its report without completing the probe, just for the sole purpose of defeating the right to statutory bail granted to the accused under the Constitution. The Single-Judge Bench of Justice Dinesh Kumar Sharma recently noted that the basic concept to fulfil the provision of Section 167 was that the charge sheet has to be filed upon completion of investigation.  It said though police had a right to conduct further investigation, but merely filing the report in the garb of further probe could not fulfil the basic purpose and intention of the legislature as provided under Section 167 of CrPC. The Single-Judge Bench further noted that the investigating agency, in its ‘anxiety’ of keeping the accused in custody, may take a plea that the probe was complete, however, the best judge should be the concerned trial court. It said the Court was the guardian of rights bestowed upon the accused and that strict compliance

The Allahabad High Court has granted anticipatory bail to Syed Ishrat Hussain Jafri, the Vice President of the Hygia Educational Group on medical grounds, who is an accused in the Rs 500 crore state scholarship scam. A Single Bench of Justice Subhash Vidyarthi passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Syed Ishrat Hussain Jafri. The application has been filed after rejection of his anticipatory bail vide order dated 17.05.2023, passed by the Special Judge,Anti-Corruption, C.B.I (West), Lucknow/Special Court PMLA, Lucknow Anticipatory Bail Application, seeking anticipatory bail in case under Sections 3 and 4 of Prevention of Money Laundering Act, 2002, Police Station Directorate of Enforcement, Allahabad Sub-Zonal Office, Allahabad. On 16.02.2023, the officials of Enforcement Directorate, Sub Zonal Office, Allahabad raided as many as ten educational institutions, including Hygia Institute of Pharmacy, run and managed by Orgeom Educational

The High Court of Allahabad on Wednesday dismissed a petition filed by the Anjuman Intazamia Mosque Committee that sought revision of the September 12, 2022 order passed by the Varanasi court on the maintainability of a suit by the Hindu worshippers, seeking worship rights inside the Gyanvapi Mosque complex. Earlier in December 2022, the Single-Judge Bench of Justice J.J. Munir at the High Court had reserved its judgment after hearing Counsels for both the parties. The Anjuman Intazamia Masjid Committee, which manages the Gyanvapi Masjid, had filed a petition in the Allahabad High Court in October 2022, days after a Varanasi Court dismissed the plea filed by the Muslim party contesting the maintainability of the suit through an application filed under Order VII Rule 11 of the Code of Civil Procedure (CPC). Varanasi District Judge Ajay Krishna Vishwesha had observed on September 12, 2022 that the suit of the plaintiffs was not barred by the Places of Worship (Special Provisions) Act

The Allahabad High Court has rejected the bail application of Jay Kant Bajpai @ Jay, involved in the incident of Kanpur (Vikroo) in which eight police personnel including the Circle Officer, Bilhore, were done to killed mercilessly and seven others police personnel received grievous injury. A Single Bench of Justice Mayank Kumar Jain passed this order while hearing a Criminal Misc Bail Application filed by Jay Kant Bajpai @ Jay. The bail application has been filed on behalf of the applicant Jay Kant Bajpai @ Jay in Case under Sections 147, 148, 149, 332, 353, 333, 307, 302, 396, 412, 120-B, 34, 504, 506 of I.P.C; Section 7 of the Criminal Law Amendment Act and Section 3/4 of Explosive Substance Act, Police Station Chaubeypur, District Kanpur Nagar with the prayer to enlarge him on bail during the trial. As per the version of the prosecution, case under section 147, 148, 504, 323, 364, 342,307 IPC and Section 7 Criminal Law Amendment Act was registered at Police Station Chaubepur, D

The Gauhati High Court asked the Educational department of Assam to ensure implementation of the Right to Education (RTE) Act and disregard lame excuses given by private schools in Guwahati for not implementing the Act . A Bench of Chief Justice (CJ) Sandeep Mehta and Justice Arun Dev Choudhury was responding to submissions made by counsel for the education department, who highlighted the reasons cited by private schools for delay in admitting students under Act. While some schools said that they are centres for board examinations, certain other schools said that parents had not applied directly under the Act. CJ Mehta told the department during the hearing on May 29 that these are lame excuses … do not [just] follow directions blindly, apply your mind. The Court was hearing a public interest litigation (PIL) petition regarding the implementation of the RTE Act. The counsel for the petitioner discussed status reports regarding pending admissions and refund of fees. It was pointe

The National Green Tribunal (NGT) dismissed an Application seeking a direction to the State of Andhra Pradesh and the District Collector, Srikakulam to take action against the authorities who are acting in the interest of grabbers by allowing constructions of private buildings in Kummarigunta Village andThogiri Revenue Village by cutting 10 numbers of trees which were more than 150 years old in Ralla Gutta in Saravakota Mandal, Srikakulam District in Andhra Pradesh in the name of construction of Anganwadi building. The application is filed by Forum for Social Justice & Anti-Corruption (NGO). In the said application, this Tribunal has directed the District Collector, Srikakulam, who is the authority concerned, to enquire into the matter after affording an opportunity of hearing to the applicant, herein, and pass orders considering the issue of cutting trees. The District Collector was directed to file its report within a period of 04 (four) weeks. Pursuant to the order, the Dist

A petition has been filed in the Supreme Court seeking directions to the Central government to curb the cross-border narco terrorism being spread in the border state of Manipur by armed Kuki militants infiltrating from Myanmar. Filed by NGO ‘People’s Alliance for Peace and Progress Manipur,’ the petition alleged that illegal migrants were infiltrating from Myanmar to Manipur, calling themselves the soldiers of ‘Kukiland’. It noted that the suspension of operation (SoO) against these militants had resulted in unhindered encroachment of reserve and protected forest land, which was being used for illegal activities like poppy cultivation, arms running and drug trafficking.  The resultant fall out of the situation was the present human crisis, wherein a large number of people had been displaced from their homes, disturbing normalcy in the state, noted the plea. As per the petition, if narco terrorism in the north-eastern border areas of India was not acknowledged by the Union governme

The Uttarakhand High Court dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondents not to resort to indiscriminate and arbitrary demolition of places of worship, shrines, mazars, etc. of Muslim Community dehors the provisions of Places of Worship (Special Provisions) Act, 1991 & Uttarakhand Policy for Removal, Relocation and Regularization of Unauthorized Religious Structures on Public Streets, Public Parks and Other Public Places, 2016. The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal noted that under the Muslim Law, a waqf can be created in several ways but primarily by permanent dedication of any movable and immovable property by a person professing Islam for any purpose recognized by Muslim Law as pious, religious or charitable purpose and in the absence of such dedication it can be presumed to have come into existence by long use. Dedication of his property by a Muslim is, however, essential. “Ordinarily, a waqf i

The Delhi High Court has accepted approved the petition by a Korean national, Daeyoung Jung who wanted permission to enroll as an advocate in India. The order was pronounced by Justice Yashwant Varma,who directed the Bar Council of India (BCI) for permitting the application by Jung for enrolment with the Bar Council of Delhi (BCD). A details of the order are yet to come. The Bar Council of Delhi was approached by Jung, for the permission to be enrolled, but it was rejected. After facing the rejection from BCD, he sent a representation to the BCI, which was also rejected. Post rejections, he approached the High Court and submitted that his law degree is from an Indian institution. He further submitted that the decision by BCI to refuse him as eligible for enrolment as an advocate on the rolls of BCD, was wrong. The petitioner also said that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore, as per Section 24 of Advocates Act, a K

Otherwise, the State should ensure the ethical treatment of animals across the board, even those which are culled for human consumption and those which are used as farm animals, including the mode and manner of transportation thereof.” The Meghalaya High Court made the above observation while closing a Public Interest Litigation (PIL) filed by Gau Gyan Foundation pertaining to the treatment of animals that are culled for human consumption and the transportation of animals across the State. The State has filed a status report and the petitioner, upon going through such status report filed pursuant to order dated May 4, 2023, expresses satisfaction regarding several of the initiatives and measures taken by the State. In particular, the petitioner expresses gratitude for the State having adopted several of the suggestions made in the detailed reports filed by the petitioner. Despite there being Central enactments and local regulations pursuant to the Central enactments, the petitione

The Allahabad High Court while rejecting the bail application of rape accused observed that all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offences committed on children. A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc bail Application filed by Rajesh. By means of the application, applicant Rajesh, who is involved in Case under Sections 376AB of I.P.C, & under Section 5m/6 POCSO Act, Police Station Dauki, District Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case the informant who is mother of the victim lodged a first information report on 14.01.2022 for an alleged offence under Section 376 I.P.C and Section 3/4 of POCSO Act against the applicant Rajesh making allegations inter-alia that on 14.01.2022 at about 05:50 PM when her daughter aged about 7 years had gone to field, the applicant by alluring her for

The Allahabad High Court, while dismissing the criminal revision, observed that a Magistrate can drop proceedings against an accused under the Negotiable Instruments Act if he offers a fair and acceptable amount, which, in the opinion of the court, is appropriate for duly compensating the complainant. A Single Bench of Justice Jyotsna Sharma passed this order while hearing a Criminal Revision filed by Smt Rani Gaur. By means of the criminal revision, the revisionist has challenged an order dated 23.03.2023 passed by Session Judge, Meerut in criminal revision whereby the revisional court set aside the order dated 24.02.2023 passed by the Additional Special, Meerut in criminal complaint case under Section 138 of the Negotiable Instrument Act, Police Station Partapur, District Meerut. The facts of the case are that the revisionist filed a complaint on 11.08.2009 under Section 138 of the Negotiable Instrument Act, which is pending before the trial court; during the course of proceeding

A special court in Delhi has framed charges in a case pertaining to allocation of a coal block in Yavatmal district of Maharashtra against two public officials. The Corruption charges have been framed against two public officials – IAS officer DG Philip and former Member of Legislative Assembly (MLA) Avinash Warjukar by the Special judge Arun Bhardwaj. While Philip had held the post of Managing Director of Maharashtra State Mining Corporation Ltd (MSMCL), Warjukar was its Chairman. An undertaking under Maharashtra Government was allocated the Coal Block. MSMCL had entered into a joint venture with a private company for operating the coal block and extracting coal from it.  The Central Bureau of Investigation (CBI) alleged that selection of the joint venture partner was vitiated by irregularities as the tender floated for the selection had many many issues e.  As per the report, the selected joint venture partner indirectly sold and transferred a majority stake in the joint ventu

The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) highlighting the very poor state of affairs existing in the B.D. Pandey District Hospital, Nainital.  According to the petitioner,  the medical facilities in the said hospital are very poor and there are hardly any specialists available in the hospital. There is not a single cardiologist working in the hospital. Various medical equipments and machines are lying in disrepair. “Even our experience is that if there is a medical complication reported by a patient, he is immediately referred to a hospital in Haldwani, or elsewhere”, said the Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal. Considering the fact that the travelling time between Naintal and Haldwani is about 1.30-2.00 hours by road, which is the only way to commute, and the permanent floating population of the town of Nainital, as it is a tourist place, the Bench held that it is absolutely imperative that specialized me

By Sangeeta Sharma Lalit Bhasin, President of the Society of Indian Law Firms (SILF), has said that the country was open to the entry of Foreign Law Firms in India, but the Advocate’s Act needs to be amended to provide them a smooth passage. Speaking at a conference organised by the Federation of Indian Corporate Lawyers (FICL) in Delhi on Friday, Bhasin said that the federation was not opposed to the entry of Law firms in India, but there were many technical issues which need to be looked into. On March 10, 2023, the Bar Council of India had notified Rules and Regulations of entry of Foreign Lawyers and Law firms to India but the things were not very clear. Though the BCI came out with clarifications on March 19, 2023 imposing some restrictions on the incoming law firms, the legal aspect of their entry still remains unclear. Lalit Bhasin said that Indian Law firms are now prepared and equipped to welcome the foreign law firms in India but there is a technical lacunae in the enti

The High Court of Delhi issued notice on Monday on a petition moved by the National Investigation Agency (NIA) seeking death penalty for Jammu and Kashmir Liberation Front (JKLF) chairperson and Kashmiri separatist leader Yasin Malik, who was sentenced to life imprisonment last year in a terror funding case. The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh sought response from Yasin Malik through the concerned Tihar Jail Superintendent and listed the matter for hearing on August 9. Appearing for NIA, Solicitor General Tushar Mehta argued that propagating one region to be separated from the country made it a ‘rarest of rare case,’ which deserved death sentence. Noting that in this way, everyone would avoid trial, the SG said any terrorist could come to the country and carry out terrorist activities. The court would say since he has pleaded guilty, he would be awarded life sentence and not capital punishment. The SG contended that Malik was responsible for th