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Harjit Singh Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 304, 304B, 306 and 498A; Dowry Prohibition Act, 1961 - Sections 2; Evidence Act, 1986 - Sections 113A, 113B and 114; Code of Criminal Procedure (CrPC) - Sections 215

Reported in : AIR2006SC680; 2006(1)ALD(Cri)316; 2006CriLJ554; I(2006)DMC11SC; [2006(1)JCR157(SC)]; JT2005(10)SC399; (2006)1SCC463

material on record is sufficient for Court to form an opinion that accused might have committed the offence. INDIAN PENAL CODE, 1860 [C.A. No. 45/1860]. Section 420; Framing of charge Held, Presence of material on record is sufficient for Court … can still be convicted under Section 306 IPC thereof.Omission to frame charges under Section 306 in terms of Section 215 of the Code of Criminal Procedure may or may not result in failure of justice, or prejudice the

State of West Bengal and anr. Vs. Laisal Haque and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 143, 147, 148, 149, 300, 302, 323 and 324; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 218, 221, 374(2), 386 and 464

Reported in : AIR1989SC129; (1989)1CALLT1(SC); 1989CriLJ865; JT1988(4)SC32; 1988(2)SCALE1090; (1989)3SCC166; [1988]Supp2SCR870

accused Laisal Haque was charged along with other accused persons under Section 302 read with Section 149 of the Indian Penal Code, 1860 alleging that in furtherance of the common object of killing the deceased Gulam Rabbani and injure others, all … for retrial of the respondents.8. There are serious infirmities in the impugned order rendered by the High Court. Section 215 of the Code provides that no error in stating either the offence or the particulars required to be

The State of Maharashtra Vs. Savala Sagu Kokare and Another

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 376, 379, 392 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 378(1) and 464; Evidence Act - Sections 134

Reported in : 1997BomCR(Cri)618; 1997CriLJ786

expedited basis. 23. Order accordingly. Criminal - appeal against acquittal - Sections 34, 376, 379 and 392 of Indian Penal Code, 1860, Sections 215, 378 (1) and 464 of Criminal Procedure Code, 1973 and Section 134 of Indian Evidence Act,

Anup Joshi Vs. State

Court : Delhi

Subject : Criminal

sessions case no.74/1997 on the charge for the offence of murder of Anju Mehta under Section 302 of Indian Penal Code, 1860 (IPC) and for attempted suicide under Section 309 IPC. 2. By judgment dated 29.11.1999, the appellant was held … the facts proved, it shall quash the conviction. ? 7. As is clear from the bare reading of Section 215 Cr.P.C. quoted above, the omission to state the offence or its particulars in the charge is not an

The State of Maharashtra Vs. Abdul Jakir Abdul Dubar Singh and ors.

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 149, 324 and 326; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 235, 378(1) and 464(1); Evidence Act, 1872 - Sections 3, 9, 45 and 114

Reported in : 1997(2)BomCR111

is made the same shall be issued expeditiously. Criminal - acquittal - Sections 149, 324 and 326 of Indian Penal Code, 1860, Sections 215, 235, 378 (1) and 464 (1) of Criminal Procedure Code, 1973 and sections 3, 9, 45 … Vishnu Sahai, J.1. By means of this appeal preferred under section 378(1) of the Criminal Procedure Code, the State of Maharashtra, the appellant, has impugned the judgment and order

Arunachalam Swami and ors. Vs. State of Bombay and anr.

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Articles 14 and 227; Code of Criminal Procedure (CrPC) , 1898 - Sections 154, 161, 161(1), 161(3), 162, 162(1), 164, 173, 173(1), 173(4), 207A, 207A(4), 207A(5), 207A(6), 207(7), 208, 208(1), 209, 210, 212, 213, 215, 439, 478, 540 and 561A; Indian Penal Code (IPC), 1860 - Sections 34 and 302; Evidence Act - Sections 145

Reported in : AIR1956Bom695; (1956)58BOMLR628; 1956CriLJ1297; ILR1956Bom930

report, were put up before a Magistrate for an offence under Section 302 read with Section 34 of the Indian Penal Code, 1860. During the course of the; inquiry proceedings the accused applied to the Magistrate that they should be permitted … right which is suggested he is deprived of is a right to go to the High Court under Section 215 in order to have the order of commitment quashed.3. Now, Sub-section (4) of the new Section 207A provides

Parkash Singh Badal and anr. Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7 to 11, 12, 13, 13(1), 14, 15, 19, 19(1), 19(2), 19(3), 19(4) and 24; Indian Penal Code (IPC), 1860 - Sections 21, 71, 72, 120B, 161 to 165A, 405, 420, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41(1), 154, 154(1), 154(3), 155, 155(2), 155(3), 155(4), 156, 156(1), 156(3), 157, 157(1), 157(2), 158, 161, 170, 173, 173(2) to 173(6), 173(8), 190, 193, 196, 197, 197(1), 197(2), 212(2), 219(1), 215, 220, 260, 262 to 265 and 452; Code of Criminal Procedure (CrPC) (Amendment) Act, 1969; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955; Code of Criminal Procedure (CrPC) , 1882 - Sections 154; Code of Criminal Procedure (CrPC) , 1898 - Sections 154; Prevention of Corruption Act, 1947 - Secti

Reported in : AIR2007SC1274; 2007(3)ALD8(SC); JT2007(1)SC89; 2006(13)SCALE54; (2007)1SCC1; 2007AIRSCW115; (2007)1SCC(Cri)193; 2007(1)LawHerald(SC)142; 2007(1)KLJ497; 2007(2)KCCRSN92.; MANU/SC/5415/2006

questioning the validity of proceedings initiated under the Prevention of Corruption Act, 1988 (in short the 'Act') and/or the Indian Penal Code, 1860 (in short the 'IPC'). In the latter category of cases the question raised is either lack of sanction … a few provisions of the Code need to be noted. Sections 173, 215 and 220 reads as follows:173. Report of police officer on completion of … 'IPC'). In the latter category of cases the question raised is either lack of sanction in terms of Section 197 of the Code of Criminal Procedure, 1973 (in short the 'Code') or the legality thereof.3. It is

Nandkishore Alias Kishore Bhimrao Kshirsagar Vs. the State of Maharash ...

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 302, 304, 304B and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 313, 377(1), 391 and 464(1); Evidence Act - Sections 113B

Reported in : 1996(5)BomCR315; 1995CriLJ3706; 1996(1)MhLj145

an early date. 37. Order accordingly. Criminal - cruelty - Sections 34, 302, 304 304B and 498A of Indian Penal Code, 1860 - appeal filed against conviction of appellant under Sections 304B and 498A - upon consideration of evidences it … been prejudiced in making his defence. We regret that we do not find any merit in the same. Section 215 of the Code of Criminal Procedure which deals with the effect of errors in framing of charge, reads

Tirath Prakash (Deceased) Through His Widow Smt. Mithlesh Sharma Vs. S ...

Court : Delhi

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 5 (1) and (2), 6 and 6 (2) and (3A); Indian Penal Code (IPC), 1860 - Sections 161, 164 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 313, 313 (1), 394, 464 and 465; Prevention of Corruption (Amendment) Act, 1988 - Sections 19 (3) and (4)

Reported in : 2001CriLJ4028; 2001(59)DRJ619

Section 164 or section 165 of the Indian Penal Code (45 of 1860) or under sub-section (2) or sub-section 3a) of section 5 of this … with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short the Act) and Section 161 of the Indian Penal Code and Sentenced to undergo one year rigorous imprisonment and a fine of Rs.2,000/- for the offence punishable under … resulting in a serious prejudice to the appellant. I feel that this infirmity is not saved either by Section 215 or 464 of the Code, as it has occasioned a failure of justice. Thus, this serious lacuna in

Mohammad Shariff Suleman Nadaf and ors. Vs. State

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 128, 207-A, 213, 215 and 439; Indian Penal Code (IPC), 1860 - Sections 142, 147, 148 and 149

Reported in : AIR1969Bom383; 1969CriLJ1351; ILR1969Bom927

offences under Sections 147, 148, 149, 151, 152, 295, 323, 325, 332, 302, 120-B, 109 and 114 of the Indian Penal Code with the respect to a riot in Sholapur City on September 17, 1967. The petitioners have prayed that … said order ; b) The case debated on applicability of Sections 147, 148, 149 and 142 of the Penal Code, 1860 - It was ruled that none of the Sections 147, 148 and 149 applied to person, who was … the Session Court, this Court can set aside such a committal order in exercise of its power under Section 215 of the Criminal P. C., because Section 215 of the Criminal P. C. says that a commitment once