Rajasthan High Court
'Strikes At Very Core Of Dignity': Rajasthan High Court On Police Allegedly Humiliating Accused By Parading Him In Female Attire
The Rajasthan High Court has taken serious note of police authorities' alleged conduct of shaving an accused's head and forcefully making him parade in a crowded market-place in woman's clothes. The bench of Justice Farjand Ali opined the incident to be such that struck at the very core of human dignity and constitutional morality, and stated that the petitioner had the option of...
Adarsh Cooperative Society 'Scam': Rajasthan High Court Revokes Default Bail Granted To Co-Accused On Ground Of Incomplete Charge Sheet
Rajasthan High Court cancelled the default bail granted under Section 167 (2) CrPC, to one of the co-accused, Rajeev Kumar Rana, under IPC, Prize Chits and Money Circulation Scheme (Banning) Act, and IT Act (2000), in an alleged Rs. 9238 Crores Loan scam case. The accused has been asked to surrender within 4 weeks. The State moved the high court seeking cancellation of bail granted by the...
Rajasthan High Court Asks State To Consider Establishing Well-Equipped Investigation Labs For Expeditious Criminal Probes
The Rajasthan High Court held that in the current era of rapid pace, where criminals were adopting the latest and advanced techniques to commit crimes, the investigation mechanism of the police has to be strengthened with modern and well-equipped Investigation Labs that have adequate scientific facilities. The bench of Justice Anoop Kumar Dhand highlighted the unavailability of such labs...
'Filing Indecent Photos Invades Her Privacy': Rajasthan HC Issues Guidelines To Protect Sexual Offence Victim's Identity In Court Filings
Taking a serious note of the practice of annexing "obscene" photographs, videos of parties in pleas concerning sexual offence cases thereby disclosing the prosecutrix/survivor's identity, the Rajasthan High Court issued a slew of directions for the high court Registry and the State's trial courts on filing of such material. The Court highlighted the adverse implications on the woman...
'Fair Trial Requires Mental Fitness': Rajasthan High Court Upholds Release Of Murder Accused Arrested After Absconding For 30 Yrs
The Rajasthan High Court has upheld a trial court order releasing a murder accused, who was arrested by the police after 30 years of absconding. The release was ordered based on the medical report that certified that the accused was suffering from dementia, and thus was not having cognitive ability to understand or participate in the court proceedings.The bench of Justice Anoop Kumar...
Reservation Can't Justify “Complete Abandonment Of Merit”: Rajasthan HC Quashes Selection Of 1200+ Class-IV Candidates With Near-Zero Marks
The Rajasthan High Court has quashed the selection list to the extent of around 1200 candidates of Class IV government employees, mostly within the reserved category, who were selected despite having achieved zero or virtually zero marks in the written examination. State has been directed to undertake fresh exercise of preparation of merit list to this extent.The bench of Justice Anand...
Rajasthan High Court Upholds Asaram's Life Sentence In 2013 Rape Case, Acquits Two Co-Accused
The Rajasthan High Court has upheld the conviction and life sentence of self-styled godman Asaram under Section 376 IPC for committing rape of a woman at his ashram in 2013.For context, a Special POCSO Court at Jodhpur had in April 2018 sentenced Asaram to life imprisonment for the remainder of natural life under Sections 376(2)(f) (rape committed by someone in a position of trust), 376D...
Article 21 Protections Extend To Foreign Nationals: Rajasthan High Court Orders Release Of Thai Woman's Passport In Gold Smuggling Case
The Rajasthan High Court has directed the release of a Thai national's passport, accused of being a habitual gold-smuggler, holding that denial of such permission would violate her fundamental right under Article 21 of the Constitution.The bench of Justice Anoop Kumar Dhand further observed that there were sufficient statutory safeguards to address the apprehension of the accused...
Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court
The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...
"Can't Sail In Two Boats": Rajasthan High Court Rejects Parallel Challenge To Cognizance And Framing Of Charges
The Rajasthan High Court has held that even though multiple remedies might exist with a litigant, once selection was made regarding the remedy to be pursued, that operated as a bar on simultaneous initiation of a parallel remedy.The bench of Justice Anoop Kumar Dhand opined that the aggrieved party could not be allowed to “sail in two boats” by availing parallel remedies for common...
Rajasthan High Court Refuses To Cancel Bail Granted To Woman SHO Accused Of Diluting NDPS Case For ₹10 Lakh Bribe
The Rajasthan High Court has dismissed the bail cancellation application filed by the State against a woman SHO, accused under NDPS, opining that once the bail was granted, it could not be cancelled in a mechanical manner or merely because the offence was serious.For context, the accused was working as an SHO at the time of the alleged incident. It was alleged that when a car was intercepted...