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SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER vs. UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS

SCR Citation: [2018] 12 S.C.R. 19
Year/Volume: 2018/ Volume 12
Date of Judgment: 14 September 2018
Petitioner: SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER
Disposal Nature: Case Disposed Off
Neutral Citation: 2018 INSC 820
Judgment Delivered by: Hon'ble Mr. Justice Dipak Misra
Respondent: UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS
Case Type: WRIT PETITION (CIVIL) /73/2015
Order/Judgment: Judgment
1. Headnote

Penal Code, 1860 – s.498-A – Matrimonial disputes –Directions issued in Rajesh Sharma and Others v. State of U.P. andAnother, [2017] 9 SCR 529 – Modification in – Amicus Curiaecontended that directions issued in the Rajesh Sharma casepertaining to s.498-A of IPC required reconsideration – Held: 1)Earlier, the Court had directed constitution of the Family WelfareCommittees by the District Legal Services Authorities and prescribedthe duties of the Committees – The Committees were empowered tosuggest a report failing which no arrest could be made – Directionspertaining to constitution of a Committee and conferment of poweron the said Committee is impermissible as power conferred arebeyond the Code of Criminal Procedure – 2) The Court had alsoissued direction that in cases where settlement is reached, the Districtand Sessions Judges were entrusted with power to dispose of theproceeding – This direction relating to settlement modified to theextent that if a settlement is arrived at, the parties can approachHigh Court u/s.482 of Cr.P.C. – 3) The Court had directed thatcomplaints u/s.498-A and other connected offences may beinvestigated only by a designated investigating officer of the area– This direction has to be read in conjunction with the directionthat Director General of Police of each State is to ensure thatinvestigating officers are imparted training with regard to theprinciples laid down by Supreme Court relating to arrest – 4) Further,the Court had left it open to the District Judge or a designatedjudicial officer to club all connected cases between the parties andhad also exempted family members, particularly outstation members,from personal appearance – These directions modified to the extent that an application has to be filed either u/s.205 Cr.P.C. or s.317Cr.P.C. depending upon the stage at which exemption is sought – 5)Nothing erroneous in the earlier directions relating to bail andimpounding of passports or issuance of Red corner notice – Codeof Criminal Procedure, 1973 – ss. 41, 41-A, 205, 317 and 482.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Penal Code
  • 1860
5. Equivalent citation
    Citation(s) 2018 AIR 4273 = 2018 (10) SCC 443 = 2018 (10) Suppl. SCC 443 = 2018 (9) JT 162 = 2018 (9) Suppl. JT 162 = 2018 (11) SCALE 191