FIRST LAW

1. Ramesh Chand Rai v. State of U.P., 06-07-2018 Penal Code, 1860 - Ss. 302 - Arms Act, 1959 - Ss. 3/25 - Motive - Prosecution has failed to adduce two persons as witnesses - Effect of.

The Calcutta High Court (Appellete Side) in Mukul Roy v. State of West Bengal on 20 July, 2018 directs that Learned Registrar General shall take immediate steps for issuance of suitable guidelines to all the Chief Judicial Magistrates, Chief Metropolitan Magistrates, Additional Chief Judicial Magistrates, Additional Chief Metropolitan Magistrates, Judicial Magistrates through the District Sessions Judges and Metropolitan Magistrates, Calcutta of all the Districts of the State of West Bengal, which guidelines are laid down for application of judicial mind by the Learned Judicial Magistrate while invoking power under Section 156(3) of the Code, as under:-

1.  Nayan Prasad v. State of Bihar Code of Criminal Procedure, 1973 - Sections 245 and 482 - Indian Penal Code, 1860 - Sections 498A, 323, 406, 379 and 504 - Discharge - Quashing.

Passport Act, 1967 - Ss. 6(2)(f) / 10(3)(e) - Unless a charge sheet is filed, the criminal proceedings do not amount to be pending. Mere registration of a crime invokes neither Section 6 nor Section 10.

Perjury - Prosecution for perjury can be directed in the larger interest of the administration of justice only in case of deliberate falsehood.

The horrendous acts of mobocracy cannot be permitted to inundate the law of the land.  Earnest action and concrete steps have to be taken to protect the citizens from the recurrent pattern of violence which cannot be allowed to become “the new normal”. 

Criminal P.C. 1973 - S.482 - Penal Code, 1860 - Ss. 420, 406, 506, 294 & 34 - C riminal Proceedings cannot be resorted to settle the civil claims.