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Officer In-Charge Of Women Police Station Not Public Servant To Whom Allegedly False Statements Were Made: Supreme Court Quashes Section 182 IPC Proceedings
The Supreme Court was considering an appeal filed against an order refusing to quash a complaint registered under Section 182 of the Indian Penal Code.
ByTulip Kanth|16 Aug 2026 4:00 PM
Justice J. B. Pardiwala, Justice K. Vinod Chandran, Supreme Court
The Supreme Court has quashed the proceedings registered under Section 182 of the Indian Penal Code in a case of marital discord while observing that the Officer in-charge of the Women Police Station was neither the public servant to whom allegedly false and frivolous statements were made nor was the said officer administratively superior to the public servant mentioned in the complaint of the wife.
The Apex Court was considering an appeal filed against an order refusing to quash a complaint registered under Section 182 of the Indian Penal Code.
The Division Bench of Justice J. B. Pardiwala and Justice K. Vinod Chandran held, “The Officer in-charge of the Women Police Station is neither the public servant to whom allegedly false and frivolous statements were made nor is the said officer administratively superior to the public servant made mention of in the complaint of the second respondent.”
“The complaint is ill-motivated and in any event no cognizance could have been taken based on Annexure P2 filed by a police officer before whom the second respondent complained of false and frivolous complaints made by the appellant against the second respondent and her family members”, it added.
Factual Background
The appeal was filed by the sister of the deceased husband of the second respondent. The second respondent’s marriage was plagued with marital discord. When the husband was alive, the sister-in-law and his wife were at loggerheads due to the marital discord. Criminal proceedings were also initiated against each other, which came to be settled after the husband of the second respondent died. There was a compromise entered into between the second respondent and the family of the appellant. A solitary complaint filed under Section 182 of the Indian Penal Code (IPC) remained, which became the bone of contention between the parties.
The appellant, by the application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) sought quashing of the complaint. The High Court found that the offence under Section 182 of the IPC read with the provisions of Section 195 of the Cr.P.C is a matter between the ‘public servant and the ‘offender’. The settlement between the appellant and the second respondent wife did not put an end to that, since the offence was against the public servant. Aggrieved thereby, the appellant approached the Apex Court.
Reasoning
On a perusal of the facts of the case, the Bench noted that the rejection was without looking at the complaint itself. The Bench noted that the complaint was made by the wife, when the fight between the two families was raging, and the allegation was that the appellant (husband’s sister) made complaints to various departments, which were false and misleading statements intended at harassing the second respondent and pressurizing her to withdraw the various complaints.
It was further noticed that the allegation was also that the complaints were made in the various Government Departments, not only against the second respondent but also her family members.
The Bench explained that Section 182 if committed is between the offender and the public servant and Section 195 stipulates that, for offences punishable under Sections 172 to 188, no cognizance shall be taken unless the complaint in writing is of the public servant or of some other public servant to whom he is administratively sub-ordinate.
The Bench noted that there was no complaint filed by any of the officers in the various departments where the allegations were raised by the appellant. It was noticed that the Officer in-charge of the Women Police Station was neither the public servant to whom allegedly false and
स्वतंत्रता दिवस की हार्दिक शुभकामनाएं
"आजादी केवल एक शब्द ,नहीं यह अनगिनत बलिदानों की विरासत है "
"The Allahabad High Court has dismissed a writ petition challenging the rejection of a claim for maternity leave for a fourth child.
The writ petition sought a direction to grant her six months' maternity leave as per law.
A Bench of Justice Manju Rani Chauhan noted the provision stating that maternity leave is granted to permanent or temporary women government servants for 180 days in cases of delivery, subject to the prescribed conditions. It further states that if a woman government servant has two or more living children, maternity leave cannot be granted to her, even if leave is otherwise due.
“In view of the above, no interference is required by this Court,” the Court said.
Advocate Anchal Ojha appeared for the Petitioner and Advocate Nagendra Kumar Pandey appeared for the Respondents.
The petitioner’s counsel submitted that she had not availed any leave on the birth of her other three children and was entitled to the maternity leave benefit for the fourth child, as she was availing the benefit for the first time.
On the other hand, the Additional Chief Standing Counsel for the State submitted that the petitioner had already availed maternity leave.
Counsel for respondent nos. 2 and 3 submitted, on the basis of instructions kept on record, that under the Financial Handbook, Volume II, Part 2 to 4, Chapter-10, the petitioner was not entitled to maternity leave for the fourth child.
The Court also observed that the writ petition had been filed annexing only typed copies of the documents and not photostat copies of the original documents. It noted that the typed copies contained certain typing errors, which had to be verified by the photostat copies of the relevant documents.
The Reporting Section was directed to raise an objection in this regard and see that writ petitions are filed with proper photostat copies of the documents annexed along with the writ petition.
Cause Title: Smt. Sashi Kumari v. State of U.P. & Ors., [2026:AHC:165541]
Appearance:
Petitioner: Advocate Anchal Ojha
Respondents: Advocates Nagendra Kumar Pandey, Anuradha Sundaram"
5_6332593652027629260 (2).pdf3.07 KB
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Noting that mediation is proceeding "quite satisfactorily," the Supreme Court today said it was "hopeful" that the dispute between late industrialist Sunjay Kapur's mother Rani Kapur and his wife Priya Kapur over the family trust may be resolved amicably. A bench of Justice J B Pardiwala and Justice K Vindod Chandran took note of the preliminary mediation report filed by the mediator. "We take notice that the mediation proceedings so far have been conducted over 6 sessions. The Mediator has interacted with all members of the family. We are happy to note that the mediation is proceeding quite satisfactorily. We are happy to note that parties are cooperating," the bench said. The Apex Court also noted that the mediator has made a request to allow time for mediation till November 2. "...parties should go before the mediator with open mind and heart and see to it they don't get dragged in a long drawn litigation. Let the mediation proceed, we shall wait for one more report," the bench said. In its order, the Apex Court also directed that the fees of the mediator shall be paid from the RK Family Trust and there should not be any further debate in this regard. "If the mediation fails, we will allow you all to proceed in accordance with law. But don't allow that day to come," the bench told the parties. The Apex Court had earlier appointed former Chief Justice of India D Y Chandrachud to act as a mediator in the dispute. On April 27, the Apex Court sought a response from Priya Kapur and others on a lawsuit by Sanjay Kapur's mother seeking directions to declare the family trust "null and void." During the hearing, the Supreme Court also asked the parties to explore mediation to resolve the dispute over the family trust. The 80-year-old Rani Kapur's plea alleges that the trust, which was constituted in her name in October 2017, was a product of "forged, fabricated and fraudulent" documents. The legal proceedings over control of the estate and assets are pending before the Delhi High Court, and the petition before the Apex Court seeks a status quo on alienation of all the properties of the trust. In the lawsuit, Rani Kapur has sought a direction to permanently restrain the defendants -- her daughter-in-law Priya Kapur and others, including grandchildren -- from utilising or acting in furtherance of the RK Family Trust in any manner whatsoever. Her plea submitted that she was the sole beneficiary of the entire estate of her late husband, Surinder Kapur, who was the promoter of various businesses, including the 'Sona Group of Companies', and a "systematic fraud" was committed on her when the assets were transferred to the 'RK Family Trust'. Till the time of his death, Sunjay never confirmed to Rani Kapur that she had actually been divested of all her rights, assets and legacy and never provided a copy of the purported RK Family Trust to her, the plea claimed. "By means of a complex web of illegal transactions undertaken by the defendant Nos. 1 to 9 (Priya Kapur and others) in an unfortunate collusion with the plaintiff's now deceased son, late Mr. Sunjay Kapur, all the plaintiff's assets vest in one fraudulent trust titled -- RK Family Trust, without her knowledge," the lawsuit said. Sunjay Kapur passed away on June 12, 2025, after collapsing during a polo match in England. He reportedly suffered a cardiac arrest. A plea by Karisma Kapoor's two children challenging the authenticity of the purported will of their late father is also pending in the Delhi High Court, with the kids accusing his wife Priya Kapur of being "greedy".
The Bench noted that the appellant was extended a raw deal by reason of his being discharged from service merely on the ground of pendency of a criminal case. “The fact of discharge on the stated ground is admitted by the respondents. That the appellant at a later stage stood convicted under Section 324, IPC cannot cure the illegality vitiating the order of discharge when it was made. It is possible, because of ill-advice, the frame of the suit was not proper”, it added. The Bench also noted that the appellant did not challenge the order of discharge and even the prayers were defective. As per the Bench, the relief of reinstatement in service could not have been granted by the civil court in view of Section 14 of the Specific Relief Act, 1963. “It is only damages that the appellant could have claimed and been awarded”, it stated.Thus, invoking its power under Article 142 of the Constitution, the Bench directed the respondents to pay compensation of Rs 5 lakh only to the appellant. Cause Title: SPO/Constable IRB Satpal Singh v. State of Punjab (Neutral Citation: 2026 INSC 798) Appellant: Advocates Pardeep Gupta, Parinav Gupta, Mansi Gupta,Rakshit Rathi, Krishna Kumar, Nandani Gupta, AOR Mrs. Vipin Gupta Respondent: AOR Karan Sharma, Advocate Mohit Siwach
Can’t Remove Employee For More Than One Decade Solely On Ground Criminal Case Pendency: Supreme Court Grants ₹5L Compensation To Former Punjab SPOThe Supreme Court was considering an appeal challenging the reversal of an original decree in a first appeal.ByTulip Kanth|6 Aug 2026 10:00 AMJustice Dipankar Datta, Justice Sheel Nagu, Supreme CourtThe Supreme Court has ordered the authorities to pay Rs 5 lakh to a former SPO who worked in Punjab while observing that no law authorises a public employer to either dismiss or remove an employee serving the police for more than a decade solely on the ground of pendency of a criminal case. The Apex Court was considering an appeal challenging the reversal of an original decree in a first appeal, resulting in the dismissal of a suit for declaration and mandatory injunction, which was affirmed by the Punjab and Haryana High Court. The Division Bench of Justice Dipankar Datta and Justice Sheel Nagu held, “Appellant was discharged from service not because of his conviction on a criminal charge but merely on the ground of pendency of the criminal case. He was not given an opportunity of raising his defence. We have not been shown any law which authorises a public employer to either dismiss or remove an employee serving the police for more than a decade solely on the ground of pendency of a criminal case. The act of termination of service, in the circumstances, cannot be justified.”Advocate Pardeep Gupta represented the Appellant while AOR Karan Sharma represented the Respondent.Factual BackgroundThe civil appeal by special leave, granted on 23rd September, 2016, was at the instance of the appellant who, as plaintiff, had successfully instituted a suit in the Trial Court. He had prayed for a declaration that the act of one of the authorities in not allowing him to join as a Constable in Indian Reserve Battalion and as a Special Police Officer in Batala district was illegal, invalid, unlawful, null and void. It was the case of the appellant that he was entitled to join as a Constable or Special Police Officer with consequential relief. The Trial Court decreed the suit and directed the reinstatement of the appellant with continuity of service and all other consequential benefits. However, the appellant was held not entitled to wages from the date of his dismissal till reinstatement. The Defendants in the suit carried the decree in appeal before the District Judge. They succeeded before the appellate court, which set aside the decree under challenge and dismissed the suit of the appellant. The High Court dismissed the appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908. It was in such circumstances that the appeal came to be filed before the Apex Court.ReasoningOn a perusal of the facts of the case, the Bench noted that despite having reported on August 30, 2002, in the office of the Commandant, IRB, Patiala, the appellant was denied joining on the ground of pendency of a criminal case. At the relevant time, the appellant was an accused in a case registered under Sections 324,326,34, of the Indian Penal Code, 1860. He was convicted under Section 324,326 of the IPC and sentenced to rigorous imprisonment for 2 and 3 years, respectively. The appellate court maintained the conviction under Section 324 but set aside the conviction under Section 326. In 2003, the appellant was discharged from service with reference to pending criminal proceedings against him.Referring to Section 12 of the Probation of Offenders Act, 1958, which provides for removal of disqualification attaching to conviction, the Bench held that the same cannot come to the rescue of a convict-employee released on probation insofar as the affectation of his service career is concerned.Considering that the appeal originated from a suit and not a writ petition and observing that the powers of the civil court are not as wide as the powers of a writ court, the Bench held that the appellant must be held to be bound by the rules of the Code of Civil Procedure.
अध्याय 6 श्लोक 5 || bhagavad gita
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“No blood stains were visibly seen, as deposed by the I.O, nor were any detected, on chemical examination at the Forensic Science Laboratory, which report though produced no positive result was spoken of by the I.O.”, it added.
The Bench found the testimony of the eyewitness to be shaky and highly improbable, not leading to a definite conclusion that the accused murdered the three women. “In any event, though the accused was alleged with three murders, he has been convicted for only one, of that witnessed by PW3. We are of the opinion that the prosecution leaves a lot to be desired and there lingers a serious doubt in our minds as to the finding of guilt entered by the trial court on the sole testimony of the eyewitness, which in the given circumstances is found to be highly improbable”, it held.
Thus, setting aside the judgment of the trial court, the Bench acquitted the accused while also ordering, “We deem it appropriate to direct the District Legal Services Authority, Koraput, State of Odisha to attempt rehabilitation or resettlement of the appellant for which the District Administration, headed by the District Collector shall assist.”
Cause Title: Arjun Jani @ Tuntun v. State of Orissa (Neutral Citation: 2026 INSC 802)
Appearance
Appellant: AOR Pragati Neekhra
Respondent: AOR Hitendra Nath Rath, Advocate Laxmi
Confession Extracted By Third-Degree Methods, 22 Years Erased Out Of Accused’s Life: Supreme Court Grants Acquittal In Triple Murder Case
The Supreme Court was dealing with a criminal matter pertaining to the murder of three women.
ByTulip Kanth|5 Aug 2026 6:00 PM
Confession Extracted By Third-Degree Methods, 22 Years Erased Out Of Accused’s Life: Supreme Court Grants Acquittal In Triple Murder Case
Justice J. B. Pardiwala, Justice K. Vinod Chandran, Supreme Court
The Supreme Court has granted acquittal in a triple murder case after noting that the testimony of the eyewitness was shaky and the accused was taken into custody on mere suspicion, from whom a confession was extracted employing third-degree methods, thereby cumulatively resulting in 22 years being erased from his life without any reliable evidence.
The Apex Court was dealing with a matter revolving around the murder of three women. The appeal was filed by the appellant with assistance from legal services after undergoing 22 years in prison, with a delay of 3703 days, which was condoned by a Coordinate Bench.
The Division Bench of Justice J. B. Pardiwala and Justice K. Vinod Chandran held, “The eyewitness testimony alone resulted in the conviction of the accused, which is not impermissible, but only when the testimony is believable, credible, consistent with the other circumstances and inspires the confidence of the Court and not when there are serious discrepancies raising a reasonable doubt as to the witnessing of the incident.”
“Three lives were snuffed out, having been bludgeoned to death, a person taken into custody on mere suspicion from whom a confession; though not admissible was extracted employing third-degree methods, the trial court fails to evaluate the evidence properly and the High Court remains a moot spectator while adding to the tally of disposals; cumulatively resulting in 22 years being erased out of a person’s life without any reliable evidence”, it added.
AOR Pragati Neekhra represented the Appellant while AOR Hitendra Nath Rath represented the Respondent.
Factual Background
The scene of occurrence was a locality with cluttered houses, no electricity, a factory nearby which operated with deafening sound and inhabited by people from the marginalised sections. The deceased numbered three and were named Kamala, Sonbari & Ratanai, residing in the place, in separate houses. The witnesses were neighbouring residents. The eyewitness (PW3) spoke of having seen the accused striking the head of Ratanai residing in the locality and tried to intercede, but when threatened by the accused, fled in fear to the house of PW4. Another witness, PW7, stated that she found the bodies of Kamala and Sonbari lying at the scene of occurrence for the first time and was then made aware of two other deaths having occurred on the same night.
Reasoning
On a perusal of the facts of the case, the Bench noted that the prosecution went to trial with the eyewitness testimony and the corroboration by way of res gestae, who had different versions as to how they came to hear the version of PW3 about the incident. Considering the statement of PW3 that from her house to go to the house of PW4 she has to pass Kamala’s house, in front of which the two other bodies were seen, the Bench stated, “This has to be juxtaposed with the fact that PW3 witnesses the murder of only Ratanai and not the others and while she was fleeing at night she did not see the other dead bodies lying on her way to PW4’s house.”
The Bench noticed that the Investigating Officer PW13, who also carried out the inquest, had not spoken of the scene of occurrence nor prepared a sketch, especially when three bodies of murdered victims were recovered. The Bench held that the recovery of objects such as stones and a brick from the accused, as spoken of by the Officer, was rightly rejected by the Trial Court, since there was nothing found in the stones recovered connecting those to the murder.
