Court : Karnataka
..... completion of evidence of the prosecution witnesses, the statement of the accused persons as contemplated under section 313 of the code of criminal procedure ..... . a line of precedent of this court has dwelt on the purpose of conducting a tip, the source of the authority of the investigator to do so, the manner in which these proceedings should be conducted, the weight to be ascribed to identification in the course of a tip and the circumstances in which an adverse inference can be drawn against the accused who ..... 7 therefore, in exercise of the powers under section 378(1) & (3) of the code of criminal procedure, this court cannot interfere with the impugned judgment of acquittal passed by ..... , advocate for r10) **** this criminal appeal is filed under section3742) of the code of criminal procedure, 1973, praying to set aside the judgment and order dated2223.04.2016 passed by the iii additional ..... a phone call and went to the vardanah of the house, where he was speaking and immediately, they heard the screams from the verandah and when they went there, they saw choni @ keshava (accused no.1) and five others, 4 4 who were known by faces, assaulting and beating the ..... issued by her shows that human blood found on items b,c,f,g,h,i,j,k,l,m,n,o,q,r,s,t, u,v and w, which are lungi, blood mixed cement mud, four long machus, two iron rods, pant, shirt, 6 0 jeans pant, t.shirt, jeans pant, t ..... the charge sheet filed is defective and recovery made after 24 hours, is invalid as the same is artificial recovery. .....
Tag this Judgment!Court : Gujarat
..... honble supreme court that in summary proceedings for the offence under section 138 of the negotiable instruments act, successor judge or the magistrate has no authority to proceed further with the trial from the stage at which his predecessor has left and provisions of section 326(1) and 326(2) of the code of criminal procedure would not be applicable to the summary trial and therefore, successor magistrate cannot proceed further with the trial placing reliance on evidence recorded by his ..... the petitioner herein original accused is hereby directed to remain present before the concerned learned judicial magistrate (first class), mehsana as and when required and summoned, without fail and if the petitioner herein fails to remain present before the learned learned judicial magistrate (first class), mehsana, it will be open for the learned magistrate to take necessary steps ..... it further provides that when at the commencement of, or in the course of a summary trial under section 143, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case ..... it was the case on behalf of the complainant that when the said cheque was deposited, the same came to be dishonoured with the endorsement insufficient fund and thereafter the complainant issued and served statutory notices dtd.12/2/2004 by rp ad as well as upc and though the .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.1, shri vishwanath v badiger, advocate for respondents 3 and 5, shri s.b.deyannavar, advocate respondent no.4, shri v.m.banakar, state public prosecutor for respondent no.7, respondents 2 and 6 are served) this criminal appeal is filed under section 372 of the code of criminal procedure, 1973, seeking to set aside the judgment and order of acquittal of accused/respondent no.5 and modify the order of conviction and sentence passed against accused/respondent nos.1 to 4 and 6 in sc ..... of accused no.4 on the fateful day and the accused having been acquitted, merely on the panch witness having turned hostile, by itself cannot be sustained, when the circumstantial evidence, though characterised by the learned counsel appearing for the accused, as being unacceptable evidence, is not complete, as there are missing links in the chain of events which are not established by recourse to the said circumstantial evidence.11. ..... it is pointed out that the case had received wide publicity and there was public fear over the actions of the accused and the laxity in the manner of investigation by the police and any acquittal of the accused on the basis of the arguments canvassed, which did appear impressive, would send a wrong signal to the civic ..... : she having remained in the house for more than 24 hours, is indeed a circumstance which is not cogently explained with reference to acceptable evidence which would require much ..... report would indicate that there were four injuries on the body of sheetal .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.1, shri vishwanath v badiger, advocate for respondents 3 and 5, shri s.b.deyannavar, advocate respondent no.4, shri v.m.banakar, state public prosecutor for respondent no.7, respondents 2 and 6 are served) this criminal appeal is filed under section 372 of the code of criminal procedure, 1973, seeking to set aside the judgment and order of acquittal of accused/respondent no.5 and modify the order of conviction and sentence passed against accused/respondent nos.1 to 4 and 6 in sc ..... of accused no.4 on the fateful day and the accused having been acquitted, merely on the panch witness having turned hostile, by itself cannot be sustained, when the circumstantial evidence, though characterised by the learned counsel appearing for the accused, as being unacceptable evidence, is not complete, as there are missing links in the chain of events which are not established by recourse to the said circumstantial evidence.11. ..... it is pointed out that the case had received wide publicity and there was public fear over the actions of the accused and the laxity in the manner of investigation by the police and any acquittal of the accused on the basis of the arguments canvassed, which did appear impressive, would send a wrong signal to the civic ..... : she having remained in the house for more than 24 hours, is indeed a circumstance which is not cogently explained with reference to acceptable evidence which would require much ..... report would indicate that there were four injuries on the body of sheetal .....
Tag this Judgment!Court : Karnataka
..... , advocate for respondent no.7) ***** this criminal revision petition is filed under section 397 read with section 401 code of criminal procedure, 1973 , praying to set aside the order dated 20.02.2014 dismissing the unnumbered private complaint dated 26.12.2013 (sri ..... l.m.chidanandayya, advocate for respondent no.2) ***** this criminal revision petition is filed under section 397 code of criminal procedure, 1973 , praying to set aside the order dated 20.02.2014 dismissing the unnumbered private complaint dated 06.1.2014 by the principal district and sessions judge and the special court for lokayuktha at ..... the complaint having been referred to the lokayuktha police, shimoga for investigation by the court below, the police having filed a b final report, the court below had however, raised a question as to the maintainability of the complaint and held that the same was not ..... in respect of all the complaints, the court below has consistently proceeded to summarily dismiss the complaints, only on the ground that if the alleged offences had been committed at a point of time when the respective accused were holding public office, it was imperative that a sanction under section 197 of the cr.pc accompanied the complaints and has held that the complaints were hence not maintainable. ..... this, however, is with reference to the peculiar statutory provision 30 that was relevant to that case and cannot be pressed into service with reference to section 197 crpc. ..... show that such cannot be the law. .....
Tag this Judgment!Court : Kolkata
Reported in : 1971CriLJ1003
..... before, is one of law relating to the interpretation of section 344 of the code of criminal procedure and the scope and ambit of allowing a stay of the criminal proceedings pending the disposal of the civil suits. ..... of the aforesaid provisions of section 344 of the code of criminal procedure clearly discourages an adjournment sine ..... a reference to the provisions of section 344 of the code of criminal procedure as amended by act 26 of 1955 would pinpoint that the key-note of the said ..... of law relating to the interpretation of sec 344 of the code of criminal procedure and the scope and ambit of granting a stay of the criminal proceedings pending the disposal of the civil suits. mr. ..... which a suit was filed by the company in the high court; that the accused along with others had entered into a conspiracy in pursuance whereof they had prepared a false return under section 303 of the companies act, 1956 and submitted the same before the registrar of companies; that the said return contained false statements to the knowledge of the accused no. ..... mallik held that one test is whether the prosecution is public or private, and when it is public, the court as a rule would not stay criminal proceedings but where it is private, there would not be the same reluctance to ..... criminal proceedings cannot be held up indefinitely or be ..... held that some or all of the matters materially in issue in one case being the same as those in the other cannot by itself be a reason for staying the criminal proceedings. .....
Tag this Judgment!Court : Gujarat
Reported in : 2012CrLJ355(NOC)
..... is submitted that when after the investigation is concluded the investigating officer has submitted the charge-sheet, having found prima facie case against the petitioner, when the learned magistrate has considered the case and has found that prima facie case is made out against the petitioner also for which the petitioner is to be tried, it is requested not to exercise the powers under article 227 of the constitution of india read with section 482 of the code of criminal procedure. ..... and in the facts and circumstances of the case, it appears to the court that to continue the criminal proceedings against the petitioner-sister-in-law would be unnecessary harassment to her and she will have to face the trial unnecessarily and, therefore, it appears to the court that this is a fit case to exercise the powers under article 227 of the constitution of indian and under section 482 of the code of criminal procedure and to quash and set aside the ..... submitted that therefore to continue the criminal proceedings against the petitioner would be unnecessary harassment to her and abuse of process of law and court and the petitioner has to face the trial unnecessarily and, therefore, it is requested to exercise the powers under article 227 of the constitution of india read with section 482 of the code of criminal procedure to quash and set aside the criminal proceedings qua her. 4. ..... 4059/2010 before this court under section 482 of the code of criminal procedure to quash and set aside the said fir .....
Tag this Judgment!Court : Supreme Court of India
..... despite the factual position noticed hereinabove, having concluded its investigation in the matter, the police presented a report under section 173 of the code of criminal procedure, before a court of competent jurisdiction, so as to initiate criminal proceedings against itpal singh (respondent no.4 herein), gurbinder singh, ..... contention of the learned counsel for the appellant was, that the high court had prematurely, invoked its jurisdiction under section 482 of the code of criminal procedure and quashed the first information report lodged by the appellant sarabjit singh without considering the allegations made by the ..... simultaneously with the proceedings mentioned hereinabove, itpal singh preferred criminal miscellaneous no.32871-m of 2002 under section 482 of the code of criminal procedure, for quashing the first information report lodged by the ..... submission of the learned counsel for the appellant, that the high court was not justified in invoking its jurisdiction under section 482 of the code of criminal procedure, to quash the aforesaid first information report, dated 10.1.1998.14. ..... the aforesaid criminal miscellaneous no.4994-m of 1998, was for grant of anticipatory bail, under section 438 of the code of criminal procedure. ..... charges levelled by the appellant sarabjit singh in the first information report dated 10.1.1998, the high court was justified in quashing the said first information report by invoking its jurisdiction under section 482 of the code of criminal procedure. .....
Tag this Judgment!Court : Karnataka
..... 221/2014 this petition is filed on the dismissal of a complaint under section 200 of the code of criminal procedure, 1973 (hereinafter referred to as the 'cr.pc', for brevity), dated 26.12.2013. ..... (prayer: this criminal revision petition is filed under section 397 read with section 401 code of criminal procedure, 1973 , praying to set aside the order dated 20.02.2014 passed at the stage of registration on the unnumbered private complaint dated 06.1.2014 by the principal district and sessions judge and the special court for lokayuktha at ..... the complaint having been referred to the lokayuktha police, shimoga for investigation by the court below, the police having filed a 'b' final report, the court below had however, raised a question as to the maintainability of the complaint and held that the same was not maintainable for want of ..... for the petitioner that in respect of all the complaints, the court below has consistently proceeded to summarily dismiss the complaints, only on the ground that if the alleged offences had been committed at a point of time when the respective accused were holding public office, it was imperative that a sanction under section 197 of the cr.pc accompanied the complaints and has held that the complaints were hence not maintainable. ..... , however, is with reference to the peculiar statutory provision that was relevant to that case and cannot be pressed into service with reference to section 197 crpc. ..... the very illustration would show that such cannot be the law. .....
Tag this Judgment!Court : Patna
..... again the prosecution evidence was closed and complainant-petitioner again approached under section 311 of code of criminal procedure to get examined herself and other witnesses. ..... 2069 (c) of 2002, whereby the application under section 311 of code of criminal procedure filed on behalf of complainant-petitioner has been rejected and also the order dated patna high court ..... (c) of 2002 by sri kanhaiya ram, judicial magistrate, 1st class, patna, rejecting the application of the complainant-petitioner filed under section 311 of the code of criminal procedure to get examined herself and also the order dated 22.05.2009, passed in criminal revision no. ..... this application under section 482 of code of criminal procedure is to quash the order dated 09.03.2009, passed in complaint case ..... the aforesaid facts and circumstances, i find no illegality in the impugned order amounting to abuse of the process of the court in inherent jurisdiction under section 482 of code of criminal procedure. ..... 264 of 2009 by the sessions judge, patna, dismissing the criminal revision as preferred by the complainant-petitioner against the aforesaid order dated ..... sessions judge has discussed in detailed in the impugned order and accordingly dismissed the criminal revision as preferred by the complainant-petitioner. ..... in the high court of judicature at patna criminal miscellaneous no.32447 of 2009 ====================================================== rajan devi wife of sri ram bihari singh, resident of village-sona gopalpur .....
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