Bollywood actor Aamir Khan while supporting the artists who were returning awards given by the government to express their dissent made the remarks at the Ramnath Goenka Award Ceremony in 2015 had irked many. Owing to which a criminal petition was filed against the superstar.
However on November 23, 2020, a single bench of Justice Sanjay K Agrawal dismissed the revision petition. The complaint was filed by the Dipak Diwan against actor Aamir Khan for offences punishable under Sections
153A and
153B of
IPC, 1860 which has been dismissed for want of sanction by competent authority as required under Sections
196(1)(a) and 196(1A)(a) of CrPC, 1973. Thereafter, the Additional Session Judge, Raipur dismissed the Revision petition of the Complainant filed u/s 397 of
CrPC, 1973.
The complainant had moved Chhattisgarh High Court by way of revision petition questioning the legality, validity and correctness of the impugned order of the Additional Session Judge, Raipur. The bench cited the parameter as to when an order of the Magistrate issuing process can be quashed. It relied on the Supreme Court judgment in Nagawwa v. Veeranna Shivalingappa Konjalgi, which squarely applies to the facts of the present case as the complaint in question.
"I do not find any merit in the instant petition. It deserves to be and is accordingly dismissed, being substance-less and merit-less as well," a single bench of Justice Sanjay K Agrawal said.
The Chhattisgarh High Court dismissed the revision petition and affirmed the action of the Magistrate by holding that Cognizance of offences by Jurisdictional Magistrate under Sections 153-A and 153-B of IPC cannot be taken without previous sanction of the competent authority under Sections 196(1)(a) and 196(1-A)(a) of CrPC, 1973.
Illegal land acquisition charges raised against Chhattisgarh CM Baghel; Next date of hearing: 17 Feb’20
Executive
Jan 29, 2020
Lawstreet News Network
7 Shares
On January 28, 2020, the High Court Single bench judge Justice R. C. S. Samant issued notices to the Economic Offenses Investigation Unit (EOW) and the state government and directed them to present the papers in their support. As Ashok Sharma has filed review petition against Chief Minister of Chhattisgarh and Congress leader Bhupesh Baghel on the accusation of illegally acquiring the land of poor in Arpa Sada, Bilaspur.As per the petitioners, in 1995 Bhupesh Baghel was the MLA of Patan...
No Criminal Liability On Lawyer For Bad Legal Advice: Chhattisgarh HC [Read Order]
Judiciary
Dec 10, 2019
Lawstreet News Network
65 Shares
The Chhattisgarh High Court in the case of Subha Jakkanwar v. State of Chhattisgarh Criminal Writ Petition No. 1614 of 2017 on November 26, 2019 held that an advocate cannot be held criminally liable for rendering negligent legal advice especially if there is no proof of his/her direct involvement in any criminal activity.A Single Judge Bench of Justice Sanjay K Agrawal was hearing a petition filed by one Ms. Subha Jakkanwar seeking to quash the First Information Report filed against her....
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