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Mahila Vinod Kumar Vs. State of Madhya Pradesh
Supreme Court of India
Jul-11-2008
Criminal
Indian Penal Code (IPC) - Sections 376(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 340 to 343, 344 and 479A; Code of Criminal Procedure (CrPC) , 1898 - Sections 476
AIR2008SC2965; 2008CriLJ3867; 2008(3)KLT509(SC); RLW2008(3)SC2379; 2008(10)SCALE97; (2008)8SCC34
be used in the proceedings, and, therefore, directed cognizance in terms of Section 344 of the Code of Criminal Procedure, 1973 (in short `the Code') to be taken against the petitioner. A show-cause notice was issued and the … The accused persons faced trial for alleged commission of offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (in short `the IPC'). The accused persons abjured their guilt. During trial, the petitioner stated that she
Tag this Judgment! AI Brief & AskBses Rajdhani Power Ltd. and ors. Vs. Ishwar Chand and anr.
Delhi
Feb-10-2009
ElectricityCriminal
Electricity Act, 2003 - Sections 135 and 150; Code of Criminal Procedure (CrPC) , 1973 - Sections 340, 344 and 482; Code of Criminal Procedure (CrPC) - Sections 476 and 479A; Indian Penal Code (IPC) - Sections 191, 192 and 193; DRC Regulations, 2002 - Regulation 7
160(2009)DLT505; 2009LC(DEL)48
Mool Chand Garg, J.1. This petition has been filed by the petitioner under Section 482 Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing/setting aside of the show cause notice issued by the learned Presiding Officer, Special Electricity … Maharashtra 1963 Supp (1) SCR 501, while discussing Section 476 of CrPC, 1898, which is Section 340 in CrPC, 1973, observed as under:Under Section 476 the action may proceed suo motu or on application while under Section 479A … the ground that the show cause notice is without jurisdiction and contrary to the statutory provisions contained under Section 344 of the Cr.P.C. It has been submitted that a notice under Section 344 can only be issued by
Tag this Judgment! AI Brief & AskAttiq-ur-rehman Vs. Municipal Corporation of Delhi and Another
Supreme Court of India
Feb-29-1996
Criminal
Delhi Municipal Corporation Act, 1957 - Sections 313, 332, 333, 334, 343, 344, 345, 347, 461, 466, 467, 469, 470 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 6, 8, 11, 12, 14 and 16; Indian Penal Code (IPC), 1860
AIR1996SC1267; 1996(1)ALD(Cri)831; 1996CriLJ1997; JT1996(2)SC670; 1996(4)KarLJ740; 1996(2)SCALE557; (1996)3SCC37; [1996]3SCR19
to notice some of the relevant provisions of the Act and the Code of Criminal Procedure 1973 (hereinafter Cr. P.C.)9. Section 466(a) of the Act … on him.22. From a plain reading of Section 4 Cr. P.C. (supra) it emerges that the provisions of Criminal Procedure Code are applicable where an offence under the Indian Penal Code or under any other law is being investigated, … Section 332 or Sub-section (1) of Section 333 or Sub-section (1) of Section 334 or Section 343 or Section 344 or Section 345 or Section 347 except on the complaint of or upon information received from such officer
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Rashid Khan Alias Rashid and ors. Vs. the State
Rajasthan
Jan-11-1993
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 19, 27, 27A, 31, 31A, 32(2), 32A, 36, 36A, 36A(1), 36A(3), 37, 37(1), 37(2), 52, and 379(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(1), 167(2), 167(2A), 309, 309(2), 437, 437(1), 437(2), 437(5), 439 and 439(2); Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989; Constitution of India - Article 51; Code of Criminal Procedure (CrPC) , 1898 - Sections 344; Indian Penal Code
1993CriLJ3776
override Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973, and bail cannot be granted unless conditions contained in clauses (i) & … questions may be formulated as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if Charge-sheet is not filed after completion of investigation within … as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if … where by the police file a 'preliminary' or incomplete charge-sheet and move the court for a remand under Section 344 which is not intended to apply to the stage of investigation. While in some cases, the delay in
Tag this Judgment! AI Brief & AskState (Delhi Administration) Vs. Dharam Pal and Others
Delhi
Nov-04-1981
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 302, 364, 392 and 397; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167 and 344
1980CriLJ1394; 21(1982)DLT50
first part of S. 167(2) did not apply. It may be mentioned that this was a case under the Criminal Procedure Code of 1898. At that time it had been held that S. 344 permitting remand, was to be utilised … the re-enacted provision of the Cri.P.C. of 1973, viz., Section 309 which is in the same terms as Section 344 of the Act of 1898, has already been held by the Supreme Court in Natabar Parida v. State … the respondents were accused of very serious offences under Sections 392/397/302/34 Penal Code; they were arrested on 29th August, 1981, on the basis of a
Tag this Judgment! AI Brief & AskVijaykumar S/O Nagnath Suryavanshi Vs. the State of Maharashtra
Mumbai
Jun-16-1999
Criminal
Indian Penal Code (IPC), 1860 - Sections 193 to 196, 199, 200, 205 to 211 and 228; Code of Criminal Procedure (CrPC) , 1973 - Sections 195, 340, 343, 344 and 482; Constitution of India - Article 227; Essential Commodities Act, 1955 - Sections 3 and 7
2000(5)BomCR495
of notice - Section 193 of Indian Penal Code, 1860, Sections 195, 340, 343, 344 and 482 of Criminal Procedure Code, 1973 and Article 227 of Constitution of India - writ invoking inherent power of Court challenged legality of … taken by the Magistrate and process was issued for an offence punishable under the said section of the Code. After analysing the provisions of section 195(1)(b) of the Cr.P.C. and the status of the Rent Control Officer
Tag this Judgment! AI Brief & AskKaripi Rasheed Vs. State of Andhra Pradesh
Supreme Court of India
Feb-26-2009
Criminal
Indian Penal Code (IPC) - Sections 323, 342, 344, 347, 384, 390, 442, 448, 464 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 320
2009(4)SCALE30
offences under Sections 384 and 506 Part-II IPC are not compoundable under Section 320 of the Code of Criminal Procedure, 1973. Therefore, the prayer of compounding the offences made by the complainant and A-1 in their joint application … 384 and 506 Part-II of IPC not compoundable under Section 320 of CrPC - Prayer of compounding offences made by complainant and first appellant not … as under:S.No Accused Offences Sentence imposed by Modified byunder which trial court the appellateconvicted court1. A-1 & A-2 Section 344 IPC SI for three years and SI for onefine of Rs. 1000-00 year,whileeach ID SI for six sustaining
Tag this Judgment! AI Brief & AskSunder Singh Vs. State
Delhi
Jul-01-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 344; Indian Penal Code (IPC), 1860 - Sections 193
63(1996)DLT452; 1996(38)DRJ213
under Section 193 Indian Penal Code is set aside. Criminal Procedure Code 1973 - Section 344--Appeal--Perjury--Summary procedure for trial for giving false evidence--Section 193, IPC--Prosecution … in the interest of justice, it was expedient that he should be tried summarily by the court under Section 344 of the Criminal Procedure Code for having committed an offence under Section 193 IPC. (5) Notice was issued … After the arrest of the said Randhir Singh, statement of the appellant was recorded under Section 164 of the Criminal Procedure Code by the Metropolitan Magistrate on 26th February, 1980. In his statement under Section 164, it was stated by … allegedly committed an offence punishable under Section 161 of the Indian Penal Code and also under Section 5(1)(d) read with Section 5(2) of the Prevention
Tag this Judgment! AI Brief & AskState of Kerala and ors. Vs. O.C. Kuttan and ors.
Supreme Court of India
Feb-17-1999
Criminal
Constitution of India - Article 136, 226 and 227; Indian Penal Code (IPC), 1860 - Sections 344, 366A, 372 and 376; Immoral Traffic Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 482;
AIR1999SC1044; 1999(1)ALD(Cri)488; 1999CriLJ1623; 1999(1)Crimes104(SC); JT1999(1)SC486; 1999(1)KLT747(SC); 1999(1)SCALE505; (1999)2SCC651; [1999]1SCR696
in accordance with law. These appeals are accordingly allowed. Criminal - quashing of FIR - Section 482 of CrPC, 1973, Sections 344, 366A, 372 and 376 of Indian Penal Code, 1860. Immoral Traffic Act, 1956 and Articles 136, … the High Court can quash a criminal proceeding in exercise of its powers under Section 482 of the CrPC or under Article 226 of the Constitution of India and had indicated some instances by way of illustrations,
Tag this Judgment! AI Brief & AskS. Dashmantha Reddy and ors. Vs. State of Andhra Pradesh Through Publi ...
Andhra Pradesh
Jan-22-1996
Criminal
Indian Penal Code (IPC), 1860 - Sections 107, 120B, 172, 173, 176, 177, 181, 182, 183, 187, 188, 193, 196, 463, 471, 475 and 476; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 195, 195(1), 197, 344, 345, 349, 350, 352 and 482
1996(2)ALD21; 1996(1)ALD(Cri)484; 1996(1)ALT(Cri)424; 1996(2)APLJ133; 1996CriLJ1804
Code, 1860 and Sections 190 (1), 195, 195 (1), 197, 344, 345, 349, 350, 352 and 482 of Criminal Procedure Code, 1973 - accused under Section 482 filed petition to quash the case taken cognizance of against them by … Judicial Magistrate of First Class, Gazwel, Medak District, have filed these two petitions under section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the case taken cognizance of against them by Sri
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