Showing : 71-80 of 162 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190-- Order taking cognizance - Complaint u/ss 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Prima facie offence under these sections made out - Merely because Magistrate did not send complaint for further investigation by police, action..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 468(3)-- Limitation - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Punishment provided under IPC for these offences is less than three years but in SC/ST Act is of five years - According to S.468 IPC if offence is punishable by..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 323, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 323, 498-A IPC and Ss.3/4 Dowry Prohibition Act - No justification for quashing proceedings against husband - Applicant Nos.2 to 6 are family members of husband and allegation levelled against them are wholly vague and no specific allegation has been levelled against them - There is..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Charge sheet for the offence punishable u/ss 323, 504 & 506 IPC submitted upon which charges framed - Supplementary charge sheet filed for the offence punishable u/ss 452, 376 and 511 IPC - Accused directed to get bail in the said matter - From the perusal of FIR it cannot..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Compromise in an offence u/ss 323, 504, 506 IPC and S.3(1)(x) SC/ST Act - Complainant seeking withdrawal of the case is indication that continuance of such proceedings would be unnecessary - Continuation of proceedings would be empty formality - Court can exercise its power u/s 482 Cr.P.C. -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 326, 325, 324, 452, 148, 149, Criminal Procedure Code, 1973, Section 482-- Cross case - Compromise - Offence u/ss 148, 323, 326 and 452 read with S.149 IPC and offence in cross case u/ss 148, 324, 325 read with S.149 IPC - Parties amicably settled their disputes - They belong to the same village and also related to each other - Complainants to not want to pursue the..........
ORISSA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 155(4), 198, Indian Penal Code, 1860, Section 498A, 323, 494-- Cognizance of no, cognizable offence - Contention on behalf of petitioners that offence u/s.494 IPC is a no, cognizable offence, cognizance of which can be taken by Magistrate only on the basis of a complaint as required u/s.198 CrPC, and that no cognizance in respect of that can be taken on the..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 26, 193, 323, 209, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 14-- Offence under S.C./S.T. Act - Cognizance by Court of Sessions - Exercise of power - Held, Court of Sessions a Special Court under S.C./S.T. Act - A Special Court under S.C./S.T. Act is essentially a Court of Session and therefore, it cannot take direct cognizance of offence unless it is committed..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 323-- Power of Magistrate to commit case - Exercise of - Held, power u/s 323 CrPC is discretionary - But discretion has to be exercised in judicious manner and not arbitrarily - Magistrate has to explain as to how it appears to him that the case is one which ought to be tried by Court of Session -..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 26, 193, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Committal of case to Court of Sessions - Proprietary of - Magistrate committed case on the ground that accused persons had also committed an offence u/s 3(1) (x) of S.C/S.T. Act and case ought to be tried to Court of Session - Essential ingredients constituting offence u/s 3(1)(x) of S.C./S.T. Act..........

Showing : 71-80 of 162 Results