Daily Archives: August 21, 2018

Tongues of 5 MALE priest cut, locked up, 2 dead bleeding, 3 critical in gruesome attack at Haryana : हमलावरों ने मंदिर में पांच पुजारियों की जीभ काटकर रस्सी से बांधा, दो की मौत – Jagran news

हमलावरों ने मंदिर में पांच पुजारियों की जीभ काटकर रस्सी से बांधा, दो की मौत

Publish Date:Mon, 20 Aug 2018 12:32 PM (IST)

हमलावरों ने मंदिर में पांच पुजारियों की जीभ काटकर रस्सी से बांधा, दो की मौत

Don’t rope in relatives in #Fake498a & other #Fake criminal cases! #498a & conspiracy 2 #kidnap kid filed on maternal uncles #quashed

//// 4. A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are not the immediate family members of the third Respondent/husband. They are the maternal uncles of the third Respondent. Except the bald statement that they supported the third Respondent who was harassing the second Respondent for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned. The Appellants approached the High Court when the investigation was pending. The charge sheet and the supplementary charge sheet were filed after disposal of the case by the High Court.

..The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. ……////

SC_of_India_-_Retch

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.1045 of 2018
(Arising out of SLP (Crl.) No.3286 of 2016)

K. SUBBA RAO & ORS. …. Appellant(s)

Versus

THE STATE OF TELANGANA REP. BY ITS SECRETARY, DEPARTMENT OF HOME AND ORS. ….Respondent(s)

J U D G M E N T

L. NAGESWARA RAO, J.

Leave granted.

  1. 1. Respondent No.2 submitted a complaint to the Chandanagar Police Station, Cyberabad, District Hyderabad on 20.12.2015 alleging harassment by her husband and his family members including the Appellants who are the maternal uncles of her husband. She also complained of the kidnapping of her son by the husband. On the basis of the said complaint, an FIR was registered under Sections 498 A of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’) at Chandanagar Police Station, Cyberabad, District Hyderabad on the same day. The Appellants filed a petition under Section 482 Cr. P.C. for quashing the proceedings in the crime registered pursuant to the complaint of Respondent No.2. The High Court dismissed the said petition by its judgment dated 22.01.2016. The Station House Officer, Chandanagar Police Station, Cyberabad was directed not to arrest the Appellants till the completion of the investigation. Aggrieved by the judgment of the High Court by which the petition under Section 482 Cr. P.C. filed by the Appellants was dismissed, they have filed the present appeal. https://bit.ly/2Mnll7H
  2. 2. A charge sheet was filed on 12.03.2017 under Sections 498A, 120 B, 420, 365 IPC after completion of the investigation in Crime No.477 of 2015, Chandanagar Police Station, Cyberabad. The Appellants are shown as A-4 to A- 6. As per the charge sheet, Respondent Nos.2 and 3 married on 08.12.2008 and were mostly residing in the United States of America. There was a marital discord between them. The allegations against the Appellants are that they were supporting the third Respondent/husband who was physically and mentally torturing the second Respondent. The Appellants also conspired with the third Respondent who kidnapped the child from the custody of the second Respondent and took him away to the U.S.A.
  3. 3. During the course of hearing, we enquired with the learned Counsel for the State of Telengana whether a supplementary charge sheet was being filed against the Appellants. He produced a copy of the supplementary charge sheet dated 20.12.2017.
  4. 4. A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are not the immediate family members of the third Respondent/husband. They are the maternal uncles of the third Respondent. Except the bald statement that they supported the third Respondent who was harassing the second Respondent for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned. The Appellants approached the High Court when the investigation was pending. The charge sheet and the supplementary charge sheet were filed after disposal of the case by the High Court. https://bit.ly/2Mnll7H
  5. 5. Criminal proceedings are not normally interdicted by us at the interlocutory stage unless there is an abuse of process of a Court. This Court, at the same time, does not hesitate to interfere to secure the ends of justice. See State of Haryana v. Bhajan Lal 1992 Supp. (1) SCC 335. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. See Kans Raj v. State of Punjab & Ors. (2000) 5 SCC 207 and Kailash Chandra Agrawal and Anr. v. State of Uttar Pradesh & Ors. (2014) 16 SCC 551.
  6. 6. The counsel for the second Respondent submitted that certain documents belonging to the second Respondent were seized from the Appellants which would show their active involvement in the kidnapping of her child. On an overall consideration of the contents of the charge sheet, supplementary charge sheet and the submissions made on behalf of the Respondent No.2, we are of the opinion that a prima facie case has not been made out against the Appellants for proceeding against them under Sections 498 A, 120 B, 420 and 365 IPC.
  7. 7. For the aforementioned reasons, we quash the proceedings qua the Appellants in Crime No.477 of 2015, dated 20.12.2015 under Sections 498 A, 120 B, 420, 365 IPC registered at Chandanagar Police Station, Cyberabad before the Court of IX, Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, Commissionerate.
  8. 8. The appeal is accordingly allowed.

……………………………….J. [S.A. BOBDE]

……………………………….J. [L. NAGESWARA RAO]

New Delhi,
August 21, 2018.

Ex #Army colonel who fought for #India & won in #Pakistan war arrested & #Jailed in #fake #molestation & #SCST case :-( :-(

Noida: ADM booked, 2 held for thrashing ex-soldier | Noida News

news from indiatimes and video from delhi aaj tak

NOIDA: Two persons were arrested on Sunday on charges of assaulting and attempting to murder a retired army officer a few days ago in a park in Sector 29 here in a case in which an additional district magistrate (ADM), his wife and son are among those booked, police said.

They have been booked under the Indian Penal Code sections for attempt to murder, criminal intimidation, criminal trespass and rioting in the case registered at the Sector 20 police station, officials said.

One of the ADM’s gunner Rahul Nagar (28) and his household help Jitendra Awasthi (26) have been arrested, a police official said.

“All necessary permissions were taken before arresting the government-appointed gunner of the ADM accused in the case,” the official said.

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video from aaj tak :

thanks to ex servicemen taking a march, this poor colonel was saved !!

*****

The 76-year-old retired Colonel, Virendra Pratap Singh Chauhan, was arrested on August 14 on charges of molestation levelled by the ADM’s wife on the day following a spat between the two sides over alleged illegal construction by the ADM’s family.

The ADM’s family lives on the third floor of a building, in which he lives on the ground floor, Chauhan, who served in the elite 1 Parachute Regiment (Special Forces), said.

“The ADM was getting some construction done to convert his car garage, near my house, into a guest house. It was illegal and not permitted by the Noida Authority. I had raised objection against it because it was also obstructing the passage, sunlight and air flow into my house,” he said in the complaint, adding that had irked the family.

He claimed that the ADM has previously served in the Noida Authority and used his influence to get his complaint overlooked.

“On the morning of August 14, I was sitting in the park waiting for my taxi to go to railway station from where he would go to Agra when the family arrived, they were accompanied by the ADM’s gunners also. His wife started hurling abuses at me and soon all the men started punching me on the chest and kicked me.

“The woman soon called up the emergency police who arrived at the spot and arrested me on false charges of molestation made by her and under the ADM’s pressure,” Chauhan alleged in the complaint.

He was also booked on charges under section 3 (1) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act for hurling caste-based abuses on the woman, according to the police.

On Saturday, the footage of the closed-circuit television camera installed in the park emerged in which it was purportedly seen that Chauhan was being assaulted by the seven.

District magistrate Brajesh Narayan Singh took note of the video and instructed the police to file an FIR against the ADM and others involved in the matter.

Senior superintendent of police (SSP) Ajay Pal Sharma said, “We have booked seven persons including the ADM for attempt to murder and other relevant sections of assault. One person (a household help) has been arrested and we are currently interrogating him.”

The SSP also ordered immediate suspension of a sub-inspector of Sector 29 police post, holding him responsible for misbehaviour by policemen and lax in probe.

Sector 20 police station’s house officer Manoj Pant said Nagar was suspended following a departmental inquiry, which was initiated after the emergence of the CCTV footage that showed his involvement in the case.”

“Nagar and Awasthi were in the process of being sent to judicial custody,” Pant said.

Several Army veterans and the family of Chauhan had taken out a protest march in sector 29 last evening demanding the immediate release of the retired colonel from jail and arrest of the accused ADM.

“We want strict action against the ADM and other accused,” said Indu Chauhan, wife of the retired colonel.

 

source

https://timesofindia.indiatimes.co  m/city/noida/ noida-adm-booked- 2-held-for-thrashing-ex-soldier/articleshow/65461253.cms