Himachal Pradesh Court August 1973 Judgments
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Dilmu and anr. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-22-1973
Reported in: 1974CriLJ195
ORDERH.C.P. Tripathi, J.1. This is a reference made by the learned Sessions Judge, Simla, with a recommendation that that part of the order of the Subdivisional Magistrate, dated 28-4-1973 in which the Magistrate has directed the police to investigate the case afresh and then to put up in the Court and also that Dilmu and Bhagju be prosecuted separately under Section 351 (2) of the Criminal Procedure Code be quashed as illegal.2. I have heard the learned Counsel for the petitioners and the learned Advocate-General for the State. I have also carefully perused the referring order of the learned Sessions Judge.3. The learned Sessions Judge has written a well-considered and detailed order giving cogent reasons in support of his reference. It is not necessary to recapitulate those reasons.4. For the detailed reasons given by the learned Sessions Judge in his order of reference I am satisfied that although the Magistrate was quite competent to pass an order under Section 351 of the Criminal ...
Amir SaIn Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-10-1973
Reported in: 1974CriLJ196
ORDERH.C.P. Tripathi, J.1. Petitioner was convicted by a Magistrate I Class, Pooh, District Kinnaur, for an offence under Section 325, I.P.C. and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 600/-. In default of payment of fine petitioner was directed to undergo further rigorous imprisonment for three months. The learned Sessions Judge, Kinnaur, on appeal, confirmed the conviction of the appellant but reduced his sentence to a fine of Rs. 200/- only. This revision-petition is directed against the order of the learned Sessions Judge,2. Learned Counsel for the petitioner has urged that as Dr. Mohinder Singh who had examined the injuries of the complainant could not be examined in support of his medical certificate, as he was dead, the certificate was not proved and the Courts below have erred in placing reliance on the same. There is no substance in this argument. As the doctor was dead the certificate could be proved by his compounder who was c...
State Vs. B.K. Badhawan
Court: Himachal Pradesh
Decided on: Aug-03-1973
Reported in: 1974CriLJ197
ORDERH.C.P. Tripathi, J.1. One Shri B. K. Badhawan the then Subdivisional Officer, Electrical Sub-Division B. S. L. Pandoh was prosecuted by the police for an offence under Section 324, I.P.C. in the Court of a Magistrate at Mandi. The prosecution examined some witnesses in support of its case. Shri Badhawan moved an application that the prosecution was incompetent inasmuch as no sanction has been obtained from the State Government as is envisaged in Section 197 of the Criminal Procedure Code. The contention advanced on behalf of Shri Badhawan was that the act complained of was committed by him, if at all, in the discharge of his official duty and as such the Court was not competent to take cognizance of the case without the previous sanction of the State Government. The Magistrate accepted the application and acquitted him under Sub-section (3) of Section 251-A of the Criminal Procedure Code. A revision petition, was filed against the order of the Magistrate by the State before the Ad...
Mina Ram and ors. Vs. Jivlu Budhu
Court: Himachal Pradesh
Decided on: Aug-02-1973
Reported in: 1974CriLJ718
ORDERD.B. Lal, J.1. Mina Ram and three others have been convicted by the Nyaya Panchayat, Dhar Gaura, Tehsil Rampur, and have been sentenced to pay fine. The case related to Sections 427, 223 and 504 of the Indian Penal Code. The complainant was Jivlu who is respondent in this case. There was also a cross-complaint filed by Kalu Ram one of the petitioners, against Jivlu and that complaint also related to the same occurrence. Formerly the two complaints came UP for trial before the Magistrate Second Class, Rampur, who transferred them for disposal to the said Nyaya Panchayat.2. Instead of proceeding with the complaint filed by Kalu Ram, for some reason or the other, the Nyaya Panchayat preferred to decide the complaint of Jivlu in the first Instance. After recording some evidence, the Panchayat came to the conclusion that Mina Ram and three others have committed the offences imputed against them and have been sentenced to pay individual amounts of fine. Mina Ram and others after being c...
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