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Apr 04 2008

Dr. Narendra Nath Vs. State and anr.

Court : Delhi

Decided on : Apr-04-2008

Subject : Criminal

Acts : 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

Reported in : 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 … 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 law

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Nov 27 1997

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Decided on : Nov-27-1997

Subject : Criminal

Acts : 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;

Reported in : 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 … as 'disturbed'. Keeping in view the duty of the Union under Article 355 of the Constitution, inter alia, to protect every State against internal disturbance,

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Jul 12 2007

Mudukappagouda Alias Madiwalappagouda Vs. R.K. Naik

Court : Karnataka

Decided on : Jul-12-2007

Subject : Contempt of Court

Acts : Indian Penal Code (IPC), 1860 - Sections 143, 147, 148, 149, 323, 324, 341, 355, 447, 504 and 506; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : ILR2007KAR4672; 2007(6)KarLJ185

is filed.2. The complainant who was the accused had filed the aforesaid criminal petition under Section 482 of the Criminal Procedure Code, 1973 to quash the investigation and proceedings against them for the offences punishable under Sections 143, 147, 148, … complainant who was the accused had filed the aforesaid criminal petition under Section 482 of the Criminal Procedure Code, 1973 to quash the investigation and proceedings against them for the offences punishable under Sections 143, 147, 148, … them for the offences punishable under Sections 143, 147, 148, 447, 341, 355, 323, 324, 504 and 506(2) read with Section 149 of the Indian

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Apr 21 2011

Amrik Singh Lyallpuri. Vs. Union of India and Others.

Court : Supreme Court of India

Decided on : Apr-21-2011

Subject : Civil Constitution

Acts : Delhi Municipal Corporation Act, 1957 - Sections 347D, 347(1)(2), 343, 347B, 347A, 347C, 347E, 2(1), 347C(7) ; New Delhi Municipal Council Act, 1994 - Sections 256, 253, 347A(3), 253(3), 355, 2(1) ; The Constitution Of India 1949 - Articles 371D (5), 136, 239AA(1), 239, 14 ; Code of Criminal Procedure (CrPC) - Section 195 - Chapter 26; Constitution Amendment Act, 1973 ; Sea Customs Act, 1878 - Sections 167(12A), 183 ; National Capital Territory of Delhi Act, 1991 - Section 41(3) ; Indian Penal Code (IPC) - Section 196 ;

to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, (2 of 1974)."5. From a perusal of the provisions of Section 347A and 347C, sub-clause (7), it … are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following … Judge or an Additional District Judge or has, for at least ten years, held a judicial office. Similarly, Section 355 of the NDMC Act virtually is pari materia with sub-section (7) of Section 347C of the said Act.

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Sep 23 1999

P. Alagarsamy Vs. State of Tamil Nadu Rep. by Secretary, Home Departme ...

Court : Chennai

Decided on : Sep-23-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 14, 154, 156, 157 (2), 173 (2) (8), 300 and 482; Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1989 -- Sections 3, 154, 156 (2), 157, 173 (2), 714, Rule 7; Indian Penal Code (IPC), 1860 -- Sections 147, 323, 341, 355; The Protection of Civil Rights Act, 1955; The Untouchability (Offences) Act, 1955; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995

Reported in : 1999(3)CTC464

thesubordinate judiciary.75. In this context, it would be appropriate to refer to some of the provisions of the Criminal Procedure Code, which ought to have been followed by the police agency and the subordinate judiciary.76. Under Section 156, Cr.P.C., … (2), 173 (2) (8), 300 and 482 of Code of Criminal Procedure, 1973, Sections 3, 154, 156 (2), 157, 173 (2), 714 and Rule 7 … appropriate to refer to some of the provisions of the Criminal Procedure Code, which ought to have been followed by the police agency and the … against Subramanian only for the offences under Sections 341 and 323, I.P.C. after deletion of the offence under Section 355, I.P.C. and sent the same to the Judicial Magistrate, Devakottai on 21.11.1997 itself. As stated earlier, he sent

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Sep 01 2016

P.K. Muthukumar Vs. The Deputy Superintendent of Police, Tirunelveli

Court : Chennai Madurai

Decided on : Sep-01-2016

Subject : Land Acquisition

(Prayer: This petition is filed under Section 482 of Criminal Procedure Code 1973 to quash the Final Report for the offences under Sections 22( c), 28,29,30, r/w. 8 ( c) … (Prayer: This petition is filed under Section 482 of Criminal Procedure Code 1973 to quash the Final Report for the offences under Sections 22( c), 28,29,30, r/w. 8 ( c) … State of Uttaranchal v. Rajesh Kumar Gupta reported in 2007 (1) SCC 355; in D.Ramakrishnan vs. Intelligence Officer, Narcotic Control Bureau reported in AIR 2009

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Jul 09 1997

Smt. Tarabai Shankar Jadhav Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jul-09-1997

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 355 and 498-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235

Reported in : 1998BomCR(Cri)199

sentence was reduced to the period already undergone and the sentence of fine was maintained. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest … incident the sentence was reduced to the period already undergone and the sentence of fine was maintained. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. … the conviction of the applicant for offences punishable under sections 498-A and 355 of I.P.C. and a sentence of fine of Rs. 200/-, has been

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Dec 08 1989

Smt. Tulshi and anr. Vs. the State of Maharashtra

Court : Mumbai

Decided on : Dec-08-1989

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 198A

Reported in : 1990(1)BomCR419; (1989)91BOMLR763; II(1990)DMC418

The rule is made absolute in terms above. [A] Criminal Procedure Code, 1973 - Schedule - Column 4 - Offence of harresment and ill-treatment punishable … non-existent. But the Police relied on that non-existing offence for justification of investigation into a non cognizable offence. Section 355 of the Criminal Procedure Code unequivocally shows that it will not be competent for the Police to investigate … before the Court of Sessions, the accused (present petitioners) filed an application for discharge under section 227 of the Criminal Procedure Code. One of the contentions raised in that application was that the charge under section 306 of the Indian … petitioners of the offence punishable under section 498-A of the Indian Penal Code has been challenged in this proceeding.2. The petitioner 1 is the mother

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Mar 23 2018

Satyendra Kumar Mehra @ Satendera Kumar Mehra Vs. The State of Jharkha ...

Court : Supreme Court of India

Decided on : Mar-23-2018

Subject : Land Acquisition

statutory scheme as delineated by Section 357(2) Cr.P.C. Section 357(2) Cr.P.C. is part of Chapter XXVII­”THE JUDGMENT” of the Criminal Procedure Code, 1973. Section 353 deals about the judgment, its pronouncement, signatures, delivery and other aspects. Section 354 deals with … quantified (sic) at Rs 15,00,000 (Rupees fifteen lakhs only), under Section 357(3) CrPC. Accused 2 is entitled to pay the amount of compensation in two … the judgment, its pronouncement, signatures, delivery and other aspects. Section 354 deals with language and contents of judgment. Section 355 refers to Metropolitan Magistrate's judgment. Section 356 deals with order for notifying address of previously convicted offender and

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Apr 29 2016

Ajmalkhan and Others Vs. State Represented by The Inspector of Police, ...

Court : Chennai Madurai

Decided on : Apr-29-2016

Subject : Criminal

The joint compromise memo shall form part of this order. TNPWH Act Section 4 Code of Criminal Procedure, 1973 Section 482 Indian Penal Code, 1860 Section 294(b), Section 323, Section 355 and Section 506(ii) Quashing of proceedings Petitioner … (Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records in connection with Crime No.420 of 2015 on the file of the Cumbum … (Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records in connection with Crime

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