Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC

The Chhattisgarh High Court has observed that a dying declaration recorded by an Executive Magistrate, following a certification by a doctor that the patient is fit to give a statement, can be considered reliable. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed thus while upholding the conviction of two accused, one of whom had been convicted of...

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right.While allowing a bail application, the court referred to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 which replaced the Criminal Procedure Code with effect from 01.07.2024. The applicant/accused filed an application under Section 439 CrPC before the...

S.52A NDPS Act Mandates Samples To Be Drawn In Presence Of Judicial Magistrate, Not Gazetted Officer: Chhattisgarh High Court

The Chhattisgarh High Court has made it clear that the mandate of Section 52A NDPS Act qua drawing of samples from alleged contraband is fulfilled only when the same is done in presence of a Judicial Magistrate, not in presence of a Gazetted Officer.Underscoring the critical importance of adhering to the statutory procedures outlined under the Act, a Division bench of Chief Justice Ramesh...

Conviction U/S 364A IPC Requires Proof Of Abduction With Ransom Demand & Life Threat: Chhattisgarh High Court

The Chhattisgarh High Court has held that no conviction can be made out under Section 364A of IPC unless it is proved by the prosecution that abduction was coupled with ransom demand and life threat. A bench of Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput observed this while acquitting two accused convicted by the trial court in 2022 under Sections 364A, 343 and 323/34...

'Sorry State Of Affairs' | Chhattisgarh HC Takes Suo Moto Cognizance Of Woman Delivering Baby On Health Centre Floor

The Chhattisgarh High Court on Monday took suo moto cognizance of a newspaper report regarding an incident wherein a Woman had to deliver a baby on the floor in the State's Ambikapur Sub Health Centre due to the absence of doctors/nurses.A bench of Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput called it "a very sorry state of affairs" that the authorities and staff responsible...

Frequent Road Accidents On State & National Highways | Chhattisgarh HC Initiates SUO Moto PIL, Seeks State/NHAI Reply

The Chhattisgarh High Court has taken suo moto cognizance of the frequent road accidents occurring on the state and national highways, by initiating a Public Interest Litigation (PIL) to address the issue. Expressing concerns over the alarming rate of road accidents, a bench of Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu has sought responses from state...

Chhattisgarh HC Initiates Suo Motu PIL Over High-Tension Electric Towers Posing Threat To Residents Of 10 Villages

The Chhattisgarh High Court has taken suo motu cognizance of the perilous situation posed by high-tension electric towers and lines to the safety of residents across 10 villages in the State's Bilaspur district. A bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey initiated a Suo Moto Public Interest Litigation (PIL) on the news reports published in “Dainik Bhaskar”...

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC

The Chhattisgarh High Court recently observed that live-in relationships, which are followed in certain sects of society, still continue as a “stigma” in Indian culture as such relations are an imported philosophy contrary to the general expectations of Indian Tenets. Noting that "apathy" towards matrimonial duties has given rise to the concept of a Live-in Relationship, a bench...

One Open & Two Special Jails In State To Be Operational Soon: Govt Informs Chhattisgarh High Court

The State Government has informed the Chhattisgarh High Court about the imminent operation of three new jail facilities across the state. As confirmed by the Chief Secretary of the State of Chhattisgarh, establishing one open jail and two special jails marks a significant development in the State's correctional infrastructure. Filing an affidavit in response to the High Court's...

Matrimonial Home Can't Be Built With Bricks & Stones But With Love, Respect & Care Between Spouses: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that a matrimonial home cannot be constructed merely with bricks and stones, but rather, it is the elements of love, respect, and care exchanged between spouses that lay the foundation of such a home. A bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal observed this while dismissing a first appeal moved by Sarojlata...

Chhattisgarh HC Initiates Suo Moto PIL Over Lack Of Experts In State Cyber Police Stations, Seeks DGP's Personal Affidavit

In a proactive move addressing the critical issue of cybercrime policing, the Chhattisgarh High Court has initiated a Suo Moto Public Interest Litigation (PIL) over the lack of expert personnel in cyber police stations across the state. The Court noted the issue based on the news reports published in “Bilaspur Bhaskar” on April 24, 2024, about the absence of specialized...

If Rape Victim Has No Strong Motive To Implicate Accused Falsely, Her Evidence Is Ordinarily Acceptable: Chhattisgarh HC

The Chhattisgarh High Court recently observed that if the totality of the circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to involve the person charged falsely, the Court should ordinarily have no hesitation in accepting her evidence. A bench of Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput added...