Justice R.S. Garg acquits the accused after finding that the trial court ignored key cross-examination evidence and failed to apply basic principles of criminal jurisprudence. The Chhattisgarh High Court has set aside the conviction of a man accused of rape, holding that the trial court’s findings were “perverse,” “irrational,” and based on an incomplete reading…
Citation : 2001 Local Law (CG) 36 The Chhattisgarh High Court has rejected a second appeal in a disputed possession case, upholding the lower courts’ findings and throwing out the appellant’s objections. The dispute turned on three core points. First, the appellant argued that overwritings on a key sale deed undermined the document’s reliability. The…
The Chhattisgarh High Court has refused to interfere in a property dispute where the appellant claimed over-writing in a sale-deed and argued that the suit had abated after the original owner’s death. Justice R.S. Garg heard the matter on admission. The appellant, represented by counsel Shri Agrawal, challenged the First Appellate Court’s reliance on sale-deed…
Chhattisgarh HC orders compensation for false arrest and police abuse The Chhattisgarh High Court, in a strong judgment safeguarding personal liberty and condemning police misconduct, quashed criminal proceedings against a man falsely accused of theft and ordered compensation to be paid by the investigating officer. The ruling, delivered on 12 March 2001 by Justice R….
Citation : 2001 Local Law (CG) 23 The Chhattisgarh High Court has clarified how the 60-day bail provision in Section 437(6) of the Code of Criminal Procedure should be calculated, ruling that the statutory period runs from the first date fixed for actually taking evidence, not from the earlier hearing that merely sets that date….
The Chhattisgarh High Court has dismissed a misc. criminal petition seeking bail under Section 437(6) of the Code of Criminal Procedure, but left the door open for the applicant to renew the plea once the statutory period has clearly elapsed. The applicant argued that because the charge sheet was framed on November 28, 2000, and…
Citation : 2001 Local Law (CG) 22 The Chhattisgarh High Court has set aside the death sentence of a man convicted for the murder and dismemberment of his mother, holding that the prosecution failed to prove his guilt beyond reasonable doubt. The court described the trial court’s findings as “contrary to law and evidence” and…
High Court: Bail & Police Misconduct (2001) The Chhattisgarh High Court granted bail to Kamla Bai Shriwas and two co-accused while issuing strong remarks against the investigating officer for concealing crucial evidence in a dowry death case. The order, passed on 24 February 2001 by Justice R. S. Garg in M. Cr. C. Nos. 331…
Reasoned judgment under Section 354 CrPC The Chhattisgarh High Court has ruled that a judgment that lacks reasoning and discussion on evidence cannot be considered a valid judgment in the eyes of law. In Manoj Kumar v. State of Chhattisgarh (Criminal Revision No. 70 of 2001), decided on 23 February 2001, Justice R. S. Garg…
Citation : 2001 Local Law (CG) 31 In a detailed ruling, the Chhattisgarh High Court dismissed a public interest litigation (PIL) that sought to declare an MLA’s resignation unconstitutional. The petition, filed by a practising advocate, argued that an elected representative has no unilateral right to resign and that such an act violates the spirit…