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S. 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
Tag this Judgment! AI Brief & AskDr. Narendra Nath Vs. State and anr.
Delhi
Apr-04-2008
Criminal
Prevention of Public Property Act, 1984 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 169, 170, 173, 173(1), 190(1), 200, 202, 203, 204 and 482; Indian Penal Code (IPC) - Sections 34, 109, 114, 119, 120B, 147, 148, 149, 186, 323, 332, 352, 353, 355 and 427
2008(104)DRJ655
J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks to challenge an order dated 7th March, 2006 passed by … and proceed to record the statements upon oath of the complainant and the witnesses present under Section 200 Criminal Procedure Code and thereafter decide whether to dismiss the complaint or issue process. The mere fact that he had earlier … No. 2, the learned MM directed registration of the case and investigation by the police under Section 156(3) CrPC. The said direction was challenged by the State and that challenge was negatived in this Court as well … passed summoning order to petitioner Under Section 119, 109, r/w 114, 323, 352, 355, 120B IPC--Court was of view, Ld. M.M proceeded in accordance with
Tag this Judgment! AI Brief & AskBhai Mukand Singh Vs. Ladha Singh and anr.
Delhi
Sep-07-1973
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 202 and 561A
ILR1973Delhi926; 1974RLR191
also observed that ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Criminal Procedure Code and the High Court would be reluctant to interfere in the said proceedings at an interlocutary stage, and … Prithvi Raj, J. (1) The petitioner by this petition filed under section 561-A Criminal Procedure Code . has prayed that the proceedings pending before Shri Brijesh Kumar, Judicial Magistrate 1st Class, against him and … quashed are alleged to be that the petitioner earlier on 9th March, 1973, filed a complaint in the Court of Shri Brijesh Kumar, Judicial Magistrate … four others on a complaint filed by respondent Ladha Singh under section 352/341/504/506/147/149 I. P. C. be quashed. The grounds on which the proceedings are
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Naga People's Movement of Human Rights Vs. Union of India (UOi)
Supreme Court of India
Nov-27-1997
Criminal
Constitution of India - Articles 14, 22, 22(1), 22(2), 245, 246, 248, 254, 257A, 352, 355 and 356; Code of Criminal Procedure (CrPC) , 1973 - Sections 1(2), 130, 131, 144 and 197; Arms Act, 1959; Army Act, 1950; Assam Disturbed Areas Act; Armed Forces (Special Provisions) (Amendment) Act, 1972 - Sections 3; Armed Forces (Special Provisions) Act, 1958 - Sections 2, 3, 4, 5 and 6;
AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469; AIR 1998 SC 431
is made for use of armed forces in the following provisions contained in Sections 130 and 131 of the Criminal Procedure Code, 1973 (for short Cr. P.C.) :-'Section 130. Use of armed forces to disperse assembly.- (1) If any such … validity of Section 197 of the CrPC, 1898 (which was in pari materia with Section 197 of the CrPC, 1973) was challenged on the ground of violation of Article 14 of the Constitution and it was urged that … within the ambit of the emergency powers contained in Part XVIII (Articles 352 to 360) of the Constitution and that in exercise of its legislative
Tag this Judgment! AI Brief & AskKesari Prabhakara Rao Vs. State of Andhra Pradesh and ors.
Andhra Pradesh
Nov-29-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 323, 342, 352, 500 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 203, 204, 438 and 439
1995CriLJ1736
and Sections 202, 203, 204, 438 and 439 of Criminal Procedure Code, 1973 - criminal complaint filed - dismissed by Magistrate without according any reason … discloses that the contention of the learned counsel for respondents 2 to 4 is untenable. S. 203 of the Criminal Procedure Code, reads thus : '203. Dismissal of complaint :- If, after considering the statement on oath (if any) of … contention of the learned counsel for respondents 2 to 4 is untenable. S. 203 of the Criminal Procedure Code, reads thus : '203. Dismissal of complaint :- If, after considering the statement on oath (if any) of … are incorporated in the order dated 23-9-1994. Criminal - reasoned decision - Sections 34, 323, 342, 352, 500 and 506 of Indian Penal Code, 1860
Tag this Judgment! AI Brief & AskBhootati Konda Murugadu Vs. State of Andhra Pradesh
Andhra Pradesh
Dec-20-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 99, 332, 352 and 353; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 41(1), 54, 55, 55(1), 56, 56(1) and 104
1996(2)ALD905; 1996(1)ALD(Cri)660; 1996(2)ALT(Cri)85; 1996CriLJ3310
Penal Code, 1860 and Sections 41, 41 (1), 54, 55, 55 (1), 56, 56 (1) and 104 of Criminal Procedure Code, 1973 - petitioner alleged his arrest by Head Constable (HC) was illegal - contended that HC did not … 1 and 2 without obtaining a written order from PW 4 as required under S. 55 of the Code of Criminal Procedure (for short, 'the Code') was illegal and therefore the petitioner was entitled to use criminal … in nine categories of cases mentioned in S. 41(1) of the Code. Section 55(1) gives a special power of arrest to a police officer, in … to prevent illegal arrest could not come within the ambit of S. 352, IPC. 7. A reading of the clauses (a) to (i) of sub-section
Tag this Judgment! AI Brief & AskLunaram Vs. Bhupat Singh and ors.
Supreme Court of India
Feb-27-2009
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 302, 307, 323 and 352; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(2)(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 313
2009CriLJ1899; 2009(3)SCALE363; (2009)3SCC749
and eight documents were produced. Statements of the accused were recoded under Section 313 of the Code of Criminal Procedure Code, 1973 (in short the `Code').The learned trial Court convicted accused Bhupat Singh, Ral Singh and Amiya under Section … FIR was lodged under Sections 302, 307 and 352, 323 read with Section 34 of the Indian Penal Code, 1860 (in short the `IPC') and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Tag this Judgment! AI Brief & AskAdditional District Magistrate, Jabalpur Vs. Shivakant Shukla
Supreme Court of India
Apr-28-1976
Constitution
Maintenance of Internal Security Act, 1971 - Sections 3, 3(1), 8, 16, 16A, 16A(9) and 18; Constitution of India - Articles 14, 19, 21, 22, 31, 31(1), 32, 133, 134, 136, 141, 226, 265, 352, 352(1) and (3), 358, 359, 359(1) and (1A) and 368; Evidence Act - Sections 123, 124 and 162; Indian Penal Code (IPC), 1860 - Sections 76, 79 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167, 419 and 419(1); Constitution of India (Thirty-eighth Amendment) Act; Presidential Order; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 80 - Order XXXV, Rule 12;Constitution of India (Thirty-ninth Amendment) Act
AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
Law remedy by way of writ of Habeas Corpus exists, even after Section 491 was introduced in the Criminal Procedure Code in 1923, was negatived. The sweep of Article 359 (1) of the Constitution, taking in the jurisdiction of … those which could assist them. One main question considered in that case was whether Section 491(1)(b) of the CrPC could afford a statutory remedy, by an order or direction in the nature of a writ of Habeas … no distinction between the effects of a declaration of Emergency, under Article 352(1), whether the threat to the security of the State is from internal
Tag this Judgment! AI Brief & AskMd. ShahabuddIn Vs. State of Bihar and ors.
Supreme Court of India
Mar-25-2010
ConstitutionCriminal
Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 13, 13(1) and 14(1); Bihar Control of Crimes Act, 1981; Evidence Act - Sections 114I; West Bengal Special Courts Act, 1950; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 9, 9(6), 11, 11(1), 177 to 185, 197, 309, 327, 327(1), 327(2), 352, 407, 407(1), 407(7), 408, 462 and 465; Code of Criminal Procedure (CrPC) , 1898 - Sections 352; Constitution of India - Articles 14, 16, 19(1), 21, 309, 310 and 311; Indian Penal Code (IPC) - Sections 376, 376(1), 376(2), 376A, 376B, 376C and 376D
2010(2)SCALE204; (2010)4SCC653
under Section 11 of the Code of Criminal Procedure (for short `the CrPC') and in consultation with the Patna High Court ordered the establishment of … under Sub-section (6) of Section 9 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been pleased to decide that … the protection and safeguards which are allowed in the case of accused tried under the procedure mentioned in the Criminal Procedure Code; what makes the legislature or the executive to think that their cases need speedier trial than those of … an innovation. It has been there before we were born'. The validity of the trial with reference to Section 352 of the Code of 1898 since re-enacted as Section 327(1) has been the subject matter of several decisions
Tag this Judgment! AI Brief & AskShri S.K. Toppo and ors. Vs. State of Bihar and ors.
Jharkhand
Oct-29-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 197 and 482; Indian Penal Code (IPC), 1860 - Sections 120B, 347, 352, 388 and 448
2005(1)BLJR386
cognizance as well as the entire criminal prosecution being Complaint Case No. 237 of 1996 is hereby quashed. Criminal Procedure Code, 1973, Sections 197 and 482 - Penal Code, 1860, Sections 120-B, 347,352,388 and 448--Cognizance of offence thereunder--Sanction under … 197 and 482 - Penal Code, 1860, Sections 120-B, 347,352,388 and 448--Cognizance of offence thereunder--Sanction under Section 197, CrPC--Complaint against petitioners who are police officers of Railway--Thief of Railway properties--Prior sanction not obtained--Whether sanction necessary in this
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