Skip to main content

There cannot be two complaints by the same person about the same incident

In Maladri Reddy v. State of Karnataka, the petitioner was an accused in criminal case registered under Sections 324, 504 and 506 of IPC along with Section 3(1)(ix) of the SC/ST (Prevention of Atrocities) Act. Petitioner submitted that the FIR in the case was not regard to the offence under SC/ST Act but only to those under IPC. He submitted that it was only after a gap of few days that the Police in collusion with the complainant created another complaint in respect of the very same crime wherein the allegations regarding the offence under SC/ST Act were made. The petitioner prayed that he may be allowed an anticipatory bail by imposing reasonable conditions.

The Karnataka High Court perused the evidence on record and found that two complaints were field by the complainant in the case. Both related to the same incident. In the first complaint, no allegations against the petitioner regarding the offence under SC/ST Act were made. It was only in the second complaint which was filed after three days, that such allegations were made. The Court was of the opinion that there can not be two complaints by the same person regarding the same incident; if anything is left out while mentioning in the first complaint, the complainant could have made further statement under Section 161 of CrPC. Further, the Court held that, at the time of granting bail, even under Section 18 of the SC/ST Act, Court has to examine the material on record to see whether the offence under provisions of the said Act is made out. The Court perused the material and held that it was not sufficient to make out a case under the alleged section of the Act.

In view of the above, the High Court was of the opinion that it was a fit case to exercise discretion in favor of the petitioner; and hence, the petitioner was granted anticipatory bail.

Article referred: http://blog.scconline.com/post/2018/02/27/cannot-two-complaints-person-incident/

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...
5 comments
Read more

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...
3 comments
Read more