Punjab & Haryana High Court Weekly Round Up: August 29 To September 5, 2022

Nominal Index

Sanju v. State of Punjab 2022 LiveLaw (PH) 236

Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. State of Haryana and another 2022 LiveLaw (PH) 237

Kiran Kaur Versus State of Punjab 2022 LiveLaw (PH) 238

Shri Ram v. State of Punjab 2022 LiveLaw (PH) 239

Sukhpal Singh Khaira v. State of Punjab and Another 2022 LiveLaw (PH) 240

Raman Kumar v. State of Haryana and Another 2022 LiveLaw (PH) 241

Chaman Lal Chimnu v. State of Haryana [CRA-D-700-DB-2010] 2022 LiveLaw (PH) 242

Other Important Judgements/Updates

Mukadar Lal And Ors. Vs State Of Punjab And Others

NCPCR Moves Supreme Court Challenging HC Judgment Holding That 16-Year-Old Muslim Girl Can Enter Into Valid Marriage

Nominal Index

NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court

Case Title : Sanju v. State of Punjab

Citation: 2022 LiveLaw (PH) 236

Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner.

S.389 CrPC & S.148 NI Act Independent Of Each Other, Non-Compliance Of Latter Doesn't Jeopardize Suspension Of Sentence Pending Appeal: P&H High Court

Case Title: Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. State of Haryana and another

Citation: 2022 LiveLaw (PH) 237

Punjab and Haryana High Court recently held that Section 389 of CrPC and Section 148 of the Negotiable Instruments Act are independent of each other. Whereas Section 389 is meant for protecting the personal liberty of the convict, Section 148 is auxiliary or supplemental to the mandate carried in Section 389.

Abetment Of Suicide: P&H High Court Acquits Woman Accused Of Slapping Husband, Asking Him To Die Anywhere

Case Title: Kiran Kaur Versus State of Punjab

Citation:2022 LiveLaw (PH) 238

Punjab and Haryana High Court recently acquitted a woman convicted by the trial court for slapping her husband and asking him to die anywhere, thereby abetting his suicide.

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Case title : Shri Ram v. State of Punjab

Citation:2022 LiveLaw (PH) 239

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months.

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Case Title : Sukhpal Singh Khaira v. State of Punjab and Another

Citation:2022 LiveLaw (PH) 240

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.

Defence Counsel Must Remain "Completely Awakened" During Cross-Examination, S.311 CrPC Not Meant To "Cure Defects": Punjab & Haryana HC

Case Title : Raman Kumar v. State of Haryana and Another

Citation:2022 LiveLaw (PH) 241

The Punjab and Haryana High Court has made it clear that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to "cure defects" in the defence and thus, the defence counsel must remain "completely awakened" during cross-examination of witnesses.

"Sacred Relation Of Uncle & Niece Was Besmirched": PH High Court Upholds Life Sentence Of Man Who Raped 12-Year-Old Niece

Case title - Chaman Lal Chimnu v. State of Haryana [CRA-D-700-DB-2010]

Citation:2022 LiveLaw (PH) 242

The Punjab and Haryana High Court on Wednesday upheld the life sentence awarded to a man who had raped his own 12-year-old niece in the year 2008. Noting that the accused was the real uncle of the victim, the Court remarked thus:

"The factual matrix of this appeal is unfortunately related to a sordid and obnoxious incident, where the appellant, who is the real uncle of the victim, raped his niece, a girl child of the tender age of 12 years. The result was that the sacred relationship of uncle and niece was besmirched. Such offenders are a menace to the civilised society and have to be dealt with strictly as per law. It is an act, which is not only a blow to her supreme honour and offends her self-esteem and dignity, it degrades and humiliates the victim and where the victim is a helpless child or a minor, it leaves behind a traumatic experience. Such crime is not only a crime against a minor innocent child, rather it is a crime against the entire society."

Other Important Judgements/Updates

Elected Municipal Councillors Move Punjab & Haryana High Court Over SDM's Failure To Administer Them Oath

Mukadar Lal And Ors. Vs State Of Punjab And Others

Six elected Municipal Councillors (independent) from Alawalpur ward in Jalandhar have moved the Punjab and Haryana High Court against the Sub Divisional Magistrate, alleging that despite winning the municipal elections, the authority has not administered them oath for more than 1 year and 6 months.

NCPCR Moves Supreme Court Challenging HC Judgment Holding That 16-Year-Old Muslim Girl Can Enter Into Valid Marriage

The National Commission for the Protection of Child Rights (NCPCR) has filed a petition before the Supreme Court challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage.