WITHOUT COMING BACK TO INDIA NRIs CAN GET QUASHING OF FIR and ORDER DECLARING PROCLAIMED OFFENDER (PO) WHICH WAS PASSED IN THEIR ABSENCE

The term “quash” has been defined in Black’s Law Dictionary as “to overthrow, to abate, to vacate or to annul”. In simple words, quashing of FIR means to cancel the FIR and quashing of criminal proceedings would mean ceasing the legal machinery which had been set into motion on the complaint of someone.  Quashing petition is filed under section 482 CrPC which provides as follows:  “Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect t...
More

ON BEING HELD AS CRYPTIC – NON SPEAKING ORDER PASSED BY APPELLATE AUTHORITY (UNDER PASSPORT ACT) BY HIGH COURT OF PUNJAB AND HARYANA AND ORDERED TO DECIDE THE APPEAL FOR RENEWAL OF PASSPORT IN FOUR WEEKS AFRESH, MINISTRY OF EXTERNAL AFFAIRS OPTED TO RE-ISSUE PASSPORT TO AUSTRIAN RESIDENT SATWINDER SINGH

CASE LAW  Satwinder Singh versus Union of India, CWP no. 12345 of 2018, order dated 14.01.2019 Mr. Navkiran Singh, Advocate for the petitioner Facts of the case: Satwinder Singh (petitioner) an Indian citizen who is permanently settled in Vienna (Austria) since 2003, during his stay at Vienna, Austria petitioner got charged and convicted for “Attempted Coercion”, due to which he had to remain behind the bars for 10 months, but since the petitioner was ultimately convicted for only a sentence...
More

SEEKING ASYLUM ABROAD IS NOT A GROUND FOR REFUSAL OF PASSPORT UNDER SECTION 6 OF PASSPORT ACT: HIGH COURT OF PUNJAB AND HARYANA

India was one of those 48 countries which voted in favour of the United Nations Declaration for Human Rights (UDHR), which was adopted by the General Assembly as Resolution 217 on 10 December, 1948 and Article 14 of UDHR which provides that :- Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the pu...
More

RE-ISSUANCE OF PASSPORT ALLOWED BY THE HON’BLE HIGH COURT OF PUNJAB AND HARYANA

Hon'ble Supreme Court of India has observed in the case of Maneka Gandhi v. Union of India and Another, (1978) 1 SCC 248  it has been held by this Court in Satwant Singh's case (supra) that 'personal liberty' within the meaning of Article21 includes within its ambit the right to go abroad and consequently no person can be deprived of this right except according to procedure prescribed by law. Prior to the enactment of the Passports Act, 1967, there was no law regulating the right of a pers...
More

RE-EXAMINATION OF KHATTA SINGH ALLOWED UNDER SECTION 311 CRPC

Section 311 of CrPC provides that the Court may summon any person as a witness, examine any person in attendance, who may not even be summoned as a witness and can recall and re-examine any person already examined, if, in the opinion of Court, evidence of such person appears to be essential to the just decision of the case. It has been held in the leading case of Mohan Lal Shamlal Soni vs Union of India and Another, 1991 AIR 1346 by the Hon’ble Supreme Court of India that- “Section 311 is an al...
More

Synthetic drug case: ED asked to probe allegations against Bikramjit Singh Majithia

Majithia, a former Punjab minister, is accused of being part of a Rs 6,000 crore synthetic drug cartel Manjeet Sehgal | Edited by Ganesh Kumar Radha Udayakumar Chandigarh, November 30, 2017 | UPDATED 00:19 IST http://indiatoday.intoday.in/story/bikramjit-singh-majithia-synthetic-drugs-case-enforcement-directorate/1/1100069.html High Court Case Link : https://phhc.gov.in/enq_caseno.php?var1=CWP&var2=20359&var3=2013 Read More about our Campaign against drugs: htt...
More

Blanket Pre Arrest Bail / Blanket Anticipatory Bail

Bail (suspension of sentence)
  One of the ways by which husband and his relatives can protect themselves from false prosecution under sections 406 & 498A of IPC is by filing for a Blanket Pre Arrest Bail / Blanket Anticipatory Bail, such that an advance notice can be given to the petitioners before the police takes any coercive action. However, this remedy is to be used sparingly and in extraordinary cases only. The Supreme Court has cautioned sessions and High Courts against giving blanket protection to the a...
More

Even After Conviction You Can Be Acquitted On The Basis Of A Compromise

Stay of Conviction
  To compound means “to settle a matter by a money payment, in lieu of other liability.” In criminal law, the power to compound the offence is at the discretion of the victim. The perpetrator cannot demand for compounding of the offence. Section 320 of Cr. P.C. provides a list of offences which are compoundable directly and clause (2) provides a list which may be compounded with the permission of the court. Compounding has been permitted during the stage of Appeal and revision in High ...
More