Court : Delhi
Reported in : AIR1969Delhi298; 1969CriLJ1243; ILR1968Delhi545
1. In this application for a certificate of fitness for appeal to the Supreme Court from an order made on revision by this Court in proceedings under Section 488, Cr. P. C, a preliminary objection has been raised that Article 134(1)(c) of the Constitution is inapplicable because proceedings under Section 488 are civil proceedings and nto criminal proceedings. Reliance in support of this preliminary objection has been placed on a decision of the Supreme Court in Nand Lal Misra v. K.L. Misra, : 1960CriLJ1246 . Emphasis has been laid on the observations In this Judgment that Chapter xxxvi of the Code of Criminal Procedure is a self-contained one and the relief given under it is essentially of a civil nature. From this sentence, it is sought to be argued that the proceedings under section 488 are civil proceedings and nto criminal proceedings. Reliance has also been placed on a still more recent Judgment of the Supreme Court in Narayan Row v. Ishwar Lal, : [1965]57ITR149(SC) , in which whi...
Tag this Judgment!Court : Delhi
Reported in : 1989(16)DRJ154
P.K. Bahri, J. (1) This Criminal Revision is brought under Section 397/401 of Criminal Procedure Code and is directed against order dated January 23, 1988 of Shri K.S. Pal, Metropolitan Magistrate, New Delhi by which he had directed stay of proceedings in a criminal complaint filed by the petitioner under Section 500 Indian Penal Code against the respondent till disposal of the petition brought under Section 25 and 27 of the Special Marriage Act by the respondent against the petitioner. (2) The criminal complaint was filed by the petitioner who is wife of the respondent under Section 500 Indian Penal Code on the allegation that respondent has made grossly defamatory false allegations against the petitioner in the petition filed by respondent seeking divorce from the petitioner on the ground of adultery and such allegations have effected the reputation of the petitioner in the eyes of the people and has lowered the petitioner in the esteems of the members of the society in which the pet...
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi330; ILR1969Delhi426
V.S. Deshpande, J.1. On the complaint dated 30-1-1968 by Shri S. Vanchinath, Income-tax Officer, Section X (Central), Bombay, against the petitioner company alleging commission of offences punishable under Sections 120B read with 409 and 409 and 477A of the Indian Penal Code, a case for investigation was registered by the first respondent and investigation thereon started by the second respondent acting under the provisions of the Delhi Special Police Establishment Act, 1946 (hereinafter called the Act).The petitioner has challenged the legality of this investigation on the following grounds, viz.,(1) The Delhi Special Police Establishment is nto a police force belonging to any State within the meaning of Entry 80 of the Union list of the 7th Schedule of the Constitution and, thereforee, they could nto function under the Act. (2) Assuming that the Delhi Special Police Establishment was a police force for the Chief Commissioner's province, later the Part C State of Delhi, and thus able ...
Tag this Judgment!Court : Delhi
Reported in : 1998CriLJ1781; ILR1997Delhi121
ORDER1. This is a revision petition under section 397/401 read with Section 482 of the Code of Criminal Procedure, 1908 (for short 'the Code'), preferred by the Govt. of National Capital Territory of Delhi against the order of the Metropolitans Magistrate, Shahdara, dated January 6, 1996 whereby the application of the Assistant Public Prosecutor under Section 321 the Code for withdrawal of the prosecution pending against the accused Ms. Sadhna Sharma was dismissed. The facts giving rise to this petition are as follows :- Ms. Sadhna Sharma applied for the post of Head Mistress with the Preet Public Secondary School. Along with her application she submitted a certificate dated February 2, 1984 purported to have been signed by Shri N. N. Bhardwaj, Manager, Sanjay Gandhi Smarak Children Academy, Village Ajitpur (Shahranpur) certifying that she has worked in the School as an Assistant Teacher from July 20, 1981 to January 31, 1984. This certificate, however, was on the letter head of Sanjay...
Tag this Judgment!Court : Delhi
Reported in : 1981CriLJ928; 19(1981)DLT212
M.L. Jain, J. (1) This is a petition moved by the complainantSuresh Kumar under sub-section (6) of s. 407 of the Code of Criminal Procedure, 1973, for transfer of the case State v. Om Pal Singhand others, under Ss. 364, 365, 342, 506, T.P.C., from the court ofShri P. K. Bahri, Additional Sessions Judge, Delhi, to some other competentcourt.(2) Upon an F.I.R. lodged with the A. C. Police (Crime) on 21/08/1978, at 10.45 P.M., a case was instituted against the accusedrespondents on the allegations that on 20/08/1978, at about10.30 P.M. in the night, the complainant Suresh Kumar and one MissSushma Chaudhary were going in a car No. Brp 651 towards JamunaBazar within the jurisdiction of P. S. Kashmere Gate, Delhi. Theywere invested by about ten-eleven persons who emerged out of twotaxis and drove them away to a big building on the roadside. Theywere beaten, detained and forced to write some letters and pose forphotographs. The identity of only three abductors could be established.They were, (...
Tag this Judgment!Court : Delhi
Reported in : 47(1992)DLT503; 1992(23)DRJ84
Dalveer Bhandari, J. (1) The respondent has initiated criminal proceedings against the petitioners. By this petition under Section 482 of the Code of Criminal Procedure, the petitioners have prayed that criminal proceedings pending against them be quashed. In prayer (B), it is mentioned that the proceedings of the cases mentioned in Annexure-19 may be stayed. The details as mentioned in Annexure-19 are set out as under: 1.Shri I.C. Tewari, M.M. Delhi, Complaint filed under Sections 380/104,I.P.C. and 403,406,420,409,467,477-A, 166, 167, 219 read with Sections 107, 114,34, 120-B, Ipc -Complaint no.31/l of 1989 2. Shri Babu Lal, M.M. New Delhi, Complaint under Sections 380,403,406,452 read with Sections 109,114, 34, 120-B, I Pc -Case no-509/90 3. Shri P.D. Gupta, Senior Sub Judge, Delhi, Mandatory Injunction Suit no.336/89 4. Shri J.R. Aryan, M.M. New Delhi, Complaint under Section 211/500.IPC 5. Shri Padam Singh, Addl. Sessions Judge, Revision Petition filed under Section 398,399,401, C...
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ1774; 1990RLR131
ORDER1. In these two petitions filed under section 438 of the code of criminal Procedure, the petitioners have sought anticipatory bail in respect of the case registered as F.I.R. No. 198/89 under Sections 498-A, 406 etc. of the Penal Code. 2. The short question which has arisen is whether Mr. K. K. Sud, counsel who has appeared on behalf of the complainant, should be heard in the matter or not Mr. P. P. Grover, counsel for the petitioners in these matters, has strongly objected to giving any hearing to the counsel for the complainant. 3. It is true that only the State through the Delhi Administration has been joined as respondent in these two petitions and as a matter of fact, a case which the police has investigated on the basis of the F.I.R. No. 198/89 only the State is the necessary party. The complainant or the witnesses who might have been examined in support of the case during the investigation are neither necessary nor proper parties. The offences which are committed by the per...
Tag this Judgment!Court : Delhi
Reported in : 94(2001)DLT537; 2002(61)DRJ545; 2002(79)ECC767; 2002(146)ELT281(Del)
Arijit Pasayat, C.J. 1. All these five cases involve identical issues and are, thereforee, taken up for disposal together. Seagram Manufacturing Limited, the petitioner in Crl. Writ Petition No. 58/2001, is a company incorporated under the Companies Act, 1956. Sunil Mehdiratta, petitioner in Crl. Writ No. 870/2001 is the Head of the Management System of the Companies. Param Uberoi, petitioner in Crl Writ No. 57/2001 is the Chief Executive Officer of the Company. Harvinder Singh Bhatia, petitioner in Crl. Writ No. 58/2001 is the Controller-Finance of the Company. Akram Fahami, petitioner in Crl. Writ 870/2001 is the Chairman of the company.2. In each of the writ petitions, prayer is made to quash the criminal complaint instituted by Shri Kamal Kumar, Intelligence Officer, Directorate of Revenue Intelligence (DRI) in the court of the Additional Chief Metropolitan Magistrate (ACMM),Delhi on 22.12.2000. Process has been directed to be issued after cognizance was taken of several offences. ...
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT775
Kailash Gambhir, J.The miracle is not to fly in air or to travel to the moon, but to walk on the earth', says a Chinese proverb.1. The increase in vehicular traffic alongwith the population of Delhi has grown much faster since the time Maruti Company has flooded the market with their brand of cars for the middle class of the society. Although the capital of the country is dominated by the middle and lower class, but the presence of rich and affluent is no less visible when one looks at the roads of Delhi to find large number of high class luxurious cars, including the Mercedes and BMWs. The traditional mode of travelling by tangas, bicycles, rickshaws, two wheelers is coming to gradual extinct except in the interiors of some localities.2. Except for a few hours between midnight to dawn, one cannot see even a patch of earth but vehicles and vehicles either running or stranded in traffic jams on Delhi roads. This ever increasing vehicular explosion in traffic is due to the rapid increase...
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ3944
Usha Mehra, J.(1) The awareness of what is happening around in the society to a great extent is the work-force of journalists. Mature investigative journalism helps in unearthing many skeletons Democratic institutions are surviving, thanks to the eternal vigilance of the journalists. But for journalists also there is code of conduct and ethical norms. The task to keep restraint in pending matters is expected more from the investigating and prosecuting agencies. Similarly the Judge dealing with sensitive and important matters have to exercise due restraint in their utterances. It is rightly said that the Judge speak through their judgments only keeping this dictum in mind, we have to see as to what is the grievance of this petitioner. (2) Sushil Sharma is facing murder trial before the Additional Sessions Judge. He has felt aggrieved because according to him the news items appearing in the Press and the electronic media having reported the Naina Sahni murder case in such a fashion that ...
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