Thursday, May 22, 2025

Legal Proceedings Explained by Adv. Nilesh Ojha

Date:

Recently, Adv. Nilesh Ojha shared his insights on a court case, talking about what happened and emphasizing important points about the investigation and contempt charges. Let’s take a closer look at what went on in court and the main issues Adv. Nilesh Ojha pointed out.

What Happened in Court?

The court instructed the parties involved to check in by 2:30 pm, stating that if the necessary report arrived before that time, it would be acceptable. However, if the report was not submitted by the specified deadline, the court would provide further directions when the case was mentioned at 2:30 pm. Despite the warning, the report failed to arrive on time, prompting the court to prioritize hearing the matter on 2nd May 2025.

Addressing the Lack of an FIR

During the court session, the judge raised a crucial question regarding the absence of an FIR in the case. The government lawyer revealed that a Special Investigation Team (SIT) had been established to conduct an investigation into the matter. However, the court pointed out the legal requirement of filing an FIR for any cognizable offense, especially in a case involving serious allegations such as gangrape and life threats. The court emphasized that an inquiry under Section 174 of the Criminal Procedure Code (CrPC) was insufficient and demanded immediate action to register an FIR under Section 154.

Contempt Charges and Missing Documents

Another pressing issue discussed in the petition pertained to a contempt charge against a police officer from the SIT. Documents related to the scene re-creation conducted by the SIT were shared with the court, but unfortunately, these crucial documents went missing. The scene re-creation had revealed crucial information regarding the location of the deceased, emphasizing the need for a thorough investigation. In response, a fresh contempt petition was filed against the police officer, seeking prosecution for his negligence in handling the documents.

For more information, watch a video about the Court Directive and how the Government responded.

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