Court : Gujarat
Oral Order: Rule returnable forthwith. Mr. J.K.Shah, the learned APP waives service of notice of rule for and on behalf of the respondent State. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused, seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No. 58594/14, pending in the Court of the learned Chief Judicial Magistrate, Surat, arising from C.R No. I-151 of 2014 registered with the Umra Police Station, Surat, for the offence punishable under Section 304 Part-II, read with Section 114 of the IPC. 2. The case of the prosecution in brief is as under:- 2. The applicant before me is a structural Engineer who had designed the building, which is said to have collapsed. A building in the name of "Kanaiya Palace", situated at Ghoddod Road, Surat was constructed in the year 1998, to be precise, the construction had commenced in the year 1994 and the same was completed in the y...
Tag this Judgment!Court : Gujarat
Oral Order: 1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.No.I-184 of 2015 registered with Bhavnagar 'A' Division Police Station, District-Bhavnagar for the offence punishable under Section 306 of the IPC. 2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the HC-NIC Page 1 of 5 Created On Thu Dec 24 00:16:17 IST 2015 R/CR.MA/23842/2015 ORDER applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investi...
Tag this Judgment!Court : Gujarat
Cav Judgment: 1. By this petition under Article 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 30.03.2015 passed below Exhibit:6 by the learned Principal Judge, Family Court, Bhavnagar in the Criminal Miscellaneous Application No.124 of 2014, by which, the learned Judge was pleased to grant interim maintenance in favour of the stepdaughter for an amount of Rs.3,000/to be paid by the petitioner to the respondent No.2, who is the grandfather of the stepdaughter of the petitioner. 2. An interesting question of law arises in this petition. Whether a minor stepdaughter is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short, the Code') from her stepmother on the demise of the natural father of the stepdaughter. 3. The facts giving rise to filing of this petition may be summarized as under: 3.1. The son of the respondent No.2 herein, namely, Prakashkumar Sarvaiya married with one As...
Tag this Judgment!Court : Gujarat
Oral Order 1. On 27 August, 2015, the following order was passed; "1 This matter was mentioned in the morning by Mr. Mangukiya, the learned advocate praying for circulation today at 2.30 p.m. Having regard to the urgency in the matter, permission was granted. The matter was notified on a separate Board to be taken up at 2.30 p.m. The matter is therefore accordingly taken up for hearing. 2 Mr. Mangukiya, the learned advocate appearing for the petitioner is permitted to implead the Superintendent, Civil Hospital, Ahmedabad, as party respondent No.5. 3 This petition is filed by the mother of deceased Swetang, aged 32, alleged to have been mercilessly beaten by the police and, ultimately, succumbing to the injuries. It is the case of the mother that her son was in the house at about 10.30 p.m. on 25.08.2015. It is alleged that few police officers entered in the society of the petitioner, broke the wind screen of cars and other vehicles parked in the society and forcibly took away five pers...
Tag this Judgment!Court : Gujarat
Cav Judgment: S.H. Vora, J. 1. Challenge in the present appeal preferred under Section 378 of the Code of Criminal Procedure, 1973 (for short, the 'Code') by the appellant - State of Gujarat is the judgment dated 05.05.1993 passed by the learned Additional Sessions Judge, Kutch-Bhuj in Sessions Case No.68 of 1991 whereby, respondent - Mr.Ukabhai @ Ravi Hirji Sorathiya came to be acquitted of the charge of offence punishable under Sections 302, 304-B and 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 2. The prosecution case as unfolded before the trial Court can be shortly stated thus:- 2.1. That, on 14.06.1991, the respondent - accused murdered his wife, namely, Ms.Rasilaben, aged 20 years by setting her ablaze after pouring kerosene on her and lighting match-stick. The marriage of said Ms.Rasilaben had solemnized on 17.05.1991. It is the case of the prosecution that after the marriage, respondent-accused forced her to bring Rs.10,000/- and television from h...
Tag this Judgment!Court : Gujarat
Cav Judgment 1. Heard learned advocate Mr. Devang J. Joshi for the appellants and Ms. Reeta P. Chandarana, learned Additional Public Prosecutor for the respondent-State. 2. The appellants have challenged their conviction by impugned judgment and order dated 9.5.2014 in Sessions Case No.168 of 2013 by the 6th Additional Sessions Judge, Vadodara, whereby, appellants are convicted for the offence punishable under Section 392 of the IPC and they have to undergo sentence of seven years rigorous imprisonment with fine of Rs.1,000/- and in default of payment of fine, they have to undergo further one month simple imprisonment. However, they are acquitted for the offences alleged under Sections 394, 395, 397 of the IPC as well as under Section 25(1)(A)(B) of the Arms Act. Whereas, accused nos.1, 3 to 8 and 10 to 11 had been acquitted by extending benefit of doubt. Thus, accused no.2 Vestabhai Harisinghbhai Vasenia (Bhil) and accused no.9 Barmalbhai Shehrubhai Kalach (Bhil) are convicted by the ...
Tag this Judgment!Court : Gujarat
Cav Judgement: A.J. Desai, J. 1. By CAV judgement dated 12/03/2015 passed by Division Bench of this Court (Coram: Hon'ble Mr.Justice Anant S. Dave and Hon'ble Mr.Justice G.B.Shah), following question has been referred to the larger bench for the answer. The question reads as under: Whether law laid down by the Division Bench of this Court in case of Rajubhai Jangubhai Rathwa (supra) and Bhimsingbhai Varjubhai Rathwa and Anr. (supra) is correct law holding that Criminal Appeal under Section 374 of Cr.P.C. filed by a convict who is absconding at the time of final hearing to be heard on merit by applying law laid down in the case of Dilip S Dahanukar (supra) in the context of interpretation of Section 357 of Cr.P.C. about payment of compensation to victim in a case arising out of Sections 138 and 139 of Negotiable Instrument Act holding that Criminal Appeal under Section 374 of Cr.P.C. is a statutory as well as fundamental right affecting liberty of a person guaranteed under Article 21 of...
Tag this Judgment!Court : Gujarat
Oral Judgment: 1. By the present petition filed under Article 226 of the Constitution of India, the petitioners have challenged order dated 05.05.2015 at Annexure 'C' passed by the respondent No. 2the Returning Officer whereby the nomination papers of the petitioners to contest election as members of the Gram Panchayat came to be rejected. The petitioners have also prayed for direction to allow them to contest election of the Gram Panchayat which was scheduled on 17.05.2015. 2. It appears that since rival candidates raised objections against the nomination of the petitioners that the petitioners did not have Toilets and the certificate given by the Talati of the village was false, the Returning Officer got the physical verification made at the residential places of the petitioners through the Taluka Development Officer. After the site inspection when it was reported that the petitioners have Toilets but with incomplete closet (cesspool) commonly known as Khalkuwa, the Returning Officer...
Tag this Judgment!Court : Gujarat
Common Oral Judgment: 1. Both the above Revision Applications arise from common judgment and order dated 16th October, 2012 passed by learned Principal Judge, Family Court, Rajkot in Miscellaneous Criminal Application No.456 of 2008 whereby the Family Court allowed Application filed under Section 127 of the Code of Criminal Procedure, 1973 praying for enhancement in the amount of maintenance to the applicant. The applicant is a minor son who filed said Application through his mother and guardian seeking increase in the maintenance from Rs.05,000/- to Rs.12,000/- every month. 2. As per the impugned order, the Family Court gave increase of Rs.03,000/- in the maintenance, enhancing the same to Rs.08,000/- to be paid from the date of Application, that is 08th of April, 2008. It was directed that the said enhanced maintenance would be payable till the applicant become major; Rs.01,000/- was awarded towards cost. 3. Originally an Application praying for maintenance under Section 125, Cr.P.C....
Tag this Judgment!Court : Gujarat
G.B. Shah, J. 1. Criminal Appeal No.427 of 1996 has been filed by the appellant-original accused No.1 against the judgment and order of conviction and sentence dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No.73 of 1995 whereby original accused No.1 was convicted and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for one year for the offence punishable under Section 304 Part-II of Indian Penal Code. 2. Criminal Appeal No.640 of 1996 has been filed by the State of Gujarat against the judgment and order dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No.73 of 1995 acquitting original accused Nos.2 to 6 and convicting and sentencing original accused No.1 under Section 304 Part-II of Indian Penal Code. 3. Short facts are that as per the complaint, on 4-1-1995 the complainant Rasilaben and her sister Ramaben were in th...
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