Monthly Archives: September 2016

Sr civil Judge allegedly caught taking bribe; Sent to Judicial Remand

Senior civil judge arrested by CBI on charges of bribery

Published: 29th September 2016 08:31 PM

Last Updated: 30th September 2016 04:42 AM

NEW DELHI: A senior civil judge was arrested along with her husband by the Central Bureau of Investigation (CBI) on Thursday on charges of bribery in the national capital. She was arrested on allegations of receiving a bribe of Rs 4 lakhs from a lawyer, who was appointed as local commissioner in a case adjudicated by her. The lawyer Vishal Mehan who was giving bribe of Rs 4 lakhs was also arrested by the agency from the spot.

They were produced in a special court, which she was remanded to judicial custody and her husband and another accused Vikas Mehal, were remanded to two-day police custody for further probe.Rachna Tiwari Lakhanpal, a senior Senior Civil Judge at Tis Hazari court, was arrested on Wednesday night along with her husband Alok Lakhanpal, who is a practicing advocate, and another lawyer Vishal Mehan from Gulabi Bagh judicial complex, where the judge was residing. 

“The agency carried out searches at the judge’s residence and cash amounting to Rs 94 lakhs was seized along with two locker keys and other incrementing documents,” said CBI official R K Gaur. The officer further stated that Rs 60 lakh was recovered from the bedroom and the rest of the recovered from children’s bedroom. There were two witnesses, both government officials, present during the raid.

“A case was registered under Prevention of Corruption Act against the advocate on a complaint alleging that in a matter being heard by a Senior Civil Judge (West), Tis Hazari Courts, Delhi, she had appointed him as local commissioner for conducting an inspection of the disputed property and submitting his report,” said Gaur.

Mehan allegedly demanded a bribe of Rs 2 lakhs for himself as well as Rs 20 lakhs for the said Judge for deciding the matter in favour of the complainant. The agency laid a trap where the bribe was to be allegedly paid by Mehan.

As the bribe was being allegedly paid, CBI teams swung into action and nabbed the lawyer while he was “receiving” a bribe of Rs 5 lakhs on behalf of the Judge, he said. During initial questioning, the Mehan said the sleuths that the money was allegedly meant for the judge.

The team then took the accused advocate to the residence of the judge where he allegedly handed over Rs 5 lakhs to the Judge while she gave Rs 1 lakh to the lawyer as his cut. “The alleged bribe money of Rs 5 lakhs was recovered by CBI,” said Gaur.

source

http://www.newindianexpress.com/nation/Senior-civil-judge-arrested-by-CBI-on-charges-of-bribery/2016/09/29/article3632821.ece

 

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Samajwadi Party leader Ashok Pradhan accused of rape. He has vehemently denied it & Plans 2 file defamation.

Samajwadi Party leader Ashok Pradhan accused of raping woman

Last Updated: Wednesday, September 28, 2016 – 07:45
Samajwadi Party leader Ashok Pradhan accused of raping woman
Zee Media Bureau

Noida: In a huge embarrassment to ruling Samajwadi Party (SP) in Uttar Pradesh, a married woman has accused party leader Ashok Pradhan and two others of raping her.

Besides Pradhan, the woman has accused her father-in-law and one more person named Pankaj Jindal of sexually assaulting her.

The father-in-law had raped her daughter-in-law after allegedly spiking her drink with sedatives.

Notably, it is being said that the alleged rape victim’s marriage was organised by Pradhan.

The woman has accused her husband of being a drunkard and assaulting her.

According to the 24-year-old woman, trouble started eleven months ago. She used to stay with her husband and in-laws in Noida.

Pradhan, who was earlier associated with the Bharatiya Janata Party (BJP), has rejected the allegations and decided to file a defamation suit against the woman.

First Published: Wednesday, September 28, 2016 – 07:45
source :

Litigants can no longer approach High Court directly if police fail to act on their complaints :Madras HC

The filing of a complaint, getting redress or remedy immediately or alternatively police filing an FIR to proceed with criminal investigation and further trial when the charged are the normal processes when a criminal offense is committed.

It is also the fundamental right of any citizen who is criminally wronged by another to have his complaint heard and redressed without delay.

However, this matter has been made so complicated and lengthy that it will take ages before honest litigants will see justice

The procedure as understood by us

  • When complaint is filed only CSR would be given
  • Then police will investigate within six weeks
  • Police can close the case after six weeks
  • If police close the case, NO FIR will be filed
  • If party / complainant is aggrieved by this he can approach the Judicial Magistrate
  • The Magistrate may issue orders to police under Sec 156(3) instructing police to register FIR and conduct inquiry
  • If police do not act according to court instructions contempt of court case can be filed on them !!
  • if litigants are not satisfied with the order of the magistrate they can approach the HC !!

Now just imagine how long this would take and how a comman man can go thru all this to get justice

But let me hasten to add, MONEY MILKING #fakeCase FIRs, by women, on hapless husbands and elderly mother in laws would be #fastTracked and handled very well by the well oiled system !!

==== news from “The Hindu” online news paper =====

‘Litigants can no longer approach High Court directly if police fail to act on their complaints. Madras HC

The court will entertain applications when the police fail to follow the timetable to take action on a complaint

The court will entertain applications when the police fail to follow the timetable to take action on a complaint

In a significant judgment, the Madras High Court has ruled that litigants can no longer approach the High Court directly if police refuse to act upon their complaints, before exploiting the other available remedies, including moving the jurisdictional judicial magistrate.

Justice P.N. Prakash passed directions to this effect on Tuesday while dismissing a batch of criminal original petitions seeking direction to the police to register FIR on their complaints.

However, the judge made it clear that the doors of the High Court will not be completely shut. “This court will entertain applications seeking to register an FIR when the police fail to follow the timetable (within six weeks) to take action on a complaint set by the Supreme Court,” the judge said.

The issue whether litigants can directly approach the High Court under Section 482 (Inherent powers of the high court) of the Cr.P.C. seeking relief either to file an FIR or to quash one without exhausting the alternative remedies available before a judicial magistrate was raised by an advocate while the court was hearing one such petition.

According to the advocate, such petitions are not maintainable. In view of the objection, Justice Prakash directed the Registry to notify the proposition enabling the members of the Bar to address the issue on September 12. On the appointed day, a large number of senior advocates and lawyers appeared before the court and submitted their views. Recording their contentions, the judge reserved his decision.

On Tuesday, while pronouncing his decision, the judge ruled that petitions seeking to register an FIR circumventing the timetable fixed by the apex court in Lalita Kumari case was not maintainable.

Now, in view of the decision, a person aggrieved by the inaction of police on their complaints has to first approach the jurisdictional magistrate with a copy of the complaint and an affidavit setting down the dates on which the complaint was made to the Station House Officer.

On such application, the magistrate shall pass orders thereon within 15 days, either issuing directions or dismissing the petition.

SOURCE : The Hindu online

 

Wife files dowry case & husband locked up ..2 years after Arneesh kumar !!

Thought the Honourable Supreme court has categorically stated that Husbands (other others ) should NOT be arrested on the mere complaint of a woman (in cases where the punishment is less than 7 years), in the famous case of Arneesh Kumar Vs State, ( Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013)) ) there are umpteen cases where the husbands are arrested without court order and immediately following the wife’s complaint !!

Here is one such case from Tamil Nadu, where the husband is arrested by the police and there is NO mention of any court’s direction / order to arrest the husband

This happens day in and day out as husbands are subject to arrest and humiliation so that they can be milked high and dry !

screenshot-27_09_2016-13_09_55

In India, you can be arrested EVEN for ur brother’s wife’s suicide. Need not be your wife, nor your fault !!

Lots of friends from outside India think that Indian males get arrested because they are wife beaters and dowry seekers… Lots of ppl are confused seeing 1000s of Indian being arrested without rhyme or reason

In India, NOT just the husband, but entire families can be arrested based on a woman’s complaint or due to a woman’s suicide…

It will take another 10 years for the truth to surface and by then you could have lost your job, reputation and all for NO fault of yours (i.e. for just being a brother or a sister !!)

************* news from TOI ***************

Techie arrested after wife found dead in housing society compound

TNN | Updated: Sep 20, 2016, 09.43 AM IST

GHAZIABAD: A software professional working with a Noida-based MNC was arrested from his house in Crossings Republik on Monday after his 26-year-old wife was found dead in the society compound the previous night, directly underneath the balcony of their fourth-floor flat. The couple has a daughter who is a year old.

Sandeep Gupta (30) and his younger brother Mandeep were booked under sections 304B (dowry death) and 498A (cruelty) and provisions of the Dowry (Prohibition) Act, 1961 after the woman’s father alleged she had been murdered and there had been frequent disputes between Sandeep and her.

Sandeep, however, told police his wife Trupti had jumped from the balcony after an argument with him. “Sandeep claimed Trupti crossed the balcony railing and jumped down in a fit of rage,” said Janendra Tomar, in-charge of Crossings police outpost.

Trupti was taken to a nearby private hospital by Sandeep and Mandeep. Police said they had received a call on the 100 helpline from the society but were not present when Trupti was taken to the hospital around 9pm. Doctors at the hospital declared her brought dead.

Trupti and Sandeep were married for a little over two years and had been living in Orchid Tower of Paramount Symphony apartments. Mandeep was also living with them, police said. “Mandeep, who works as an assistant to a tax consultant in Ghaziabad, had been sharing the flat with the couple since the past two years,” a police officer said.

Trupti’s family filed a complaint against Sandeep and his brother at Vijay Nagar police station on Monday. “This is murder, not suicide. Sandeep and his brother killed Trupti and then flung her body from the balcony. There have been several instances in the past of dispute between Sandeep and Trupti,” alleged Pradeep Gupta, Trupti’s father.

“Sandeep was arrested along with his brother Mandeep. They have been booked for dowry death. But investigations are under way to determine if there was any other possible reason leading to her death,” said DSP Indrapal Singh, Vijay Nagar circle officer.

The body was sent for an autopsy and cops said further action will be taken on the basis of the report.

SOURCE
http://timesofindia.indiatimes.com/city/noida/Techie-arrested-after-wife-found-dead-in-housing-society-compound/articleshow/54416169.cms

 

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