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Sabru Singh, Vs Umesh Singh, and ors

Sabru Singh, vs Umesh Singh, and ors

Type Court Judgment Court Patna Decided May 02, 2011
~1 min read
https://sooperkanoon.com/case/917271

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Citation
Court
Patna High Court
Judge
Decided On
Case Number
Crimenal Appeal (U/S) No. 10 OF 1995 In the matter of an appeal under Section 378(4) of the Code of Criminal Procedure.
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[R.V. Raveendran; A. K. Patnaik] Indian Penal Code Section 452 - House-trespass after preparation for hurt, assault or wrongful restraint -- After investigation, the police filed two challans on 02.02.2006 before the Judicial Magistrate, First Class, Ludhiana. After further investigation, the Superintendent of Pol...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Sabru Singh,

Respondent

Umesh Singh, and ors

Excerpt

.....section 173 of the cr.p.c. under which the police submits reports after investigation and after further investigation, section 190 of the cr. p.c. under which the magistrate takes cognizance of an offence upon a police report and section 482 of the cr.p.c. under which the high court exercises its powers to quash the criminal proceedings. report of police officer on completion of investigation. cognizance of offences by magistrate. sub-section (8) of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report. 1. the appellant is aggrieved with the judgment dated 12.04.1995 passed by the sub-divisional judicial magistrate, aurangabad in complaint case no. 61/91/tr. no. 129/95 by which it has acquitted the respondent no. 1 for the charges framed under section 304a ipc.2. on going through the judgment of acquittal i do not find any reason to disagree with the reasonings of the trial court. the appeal is dismissed.

Full Judgment

1. The appellant is aggrieved with the judgment dated 12.04.1995 passed by the Sub-Divisional Judicial Magistrate, Aurangabad in Complaint Case No. 61/91/Tr. No. 129/95 by which it has acquitted the Respondent No. 1 for the charges framed under Section 304A IPC.

2. On going through the judgment of acquittal I do not find any reason to disagree with the reasonings of the Trial Court. The appeal is dismissed.

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