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Gaurav Raut   13 March 2021

anybody have Rajender shingne's SC judgement? stay order for 328 & 188 IPC

Association of gutka pan masala & tobacco file PIL against the state of Maharashtra.. regarding 328 & 188 not applicable. Held SC & PASS stay order till 7-1-2021.. required the stay order...


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Mrityunjay Joshi   17 March 2021

Court found substance in the arguments placed by the petitioners.

"Court is not oblivious of the circumstances under which the Police have sprung into action noticing the content of the video clipping.”

Bench further added that the social media has created a panic situation where a social divide is being brought in the minds of the general public on the basis of the communal identification of a group of persons. In Court’s opinion, the matter requires a trial then only the truth of the allegation could be tested. On the face of the material available on record, it cannot be said that the provision of Section 328 could be attracted in the present facts and circumstances of this case. Thus in view of the above stated reasons, petition is allowed with petitioners being enlarged on bail.[Sri Rihan v. State of Karnataka, Criminal Petition No. 2378 of 2020, decided on 29-05-2020]

So, it is in the case of Anand Ramdhani Chaurasia And Anr vs The State Of Maharashtra And Ors. 

 


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