Court : Rajasthan
Decided on : Jan-11-1993
Reported in : 1993CriLJ3776
ORDERN.L. Tibrewal, J.1. In all these bail applications under Section 439, Cr. P. C., important questions of law of general importance have been raised, which also involve interpretation of Sections 36A and 37 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (In short, The Act' or 'NDPS Act'). The questions may be formulated as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if Charge-sheet is not filed after completion of investigation within 90/60 days?2. If so, whether the right can be claimed even after the filing of charge-sheet?3. Whether provisions of Section 37 of NDPS Act override Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973, and bail cannot be granted unless conditions contained in clauses (i) & (ii) of Section 37(1)(b) are satisfied ?2. In all the three bail applications the accused persons were arrested under Section 8/18 and 8/19 NDPS Act but Cognizance by t...
Tag this Judgment!Court : Gujarat
Decided on : Dec-30-1993
Reported in : [1995]213ITR307(Guj)
B.C. Patil, J.1. The petitioner has invoked section 482 of the Criminal Procedure Code, 1973, to quash the process issued by the Chief Metropolitan Magistrate, Ahmedabad, in Criminal Cases Nos. 339 and 340 of 1986. 2. In both the petitions, the petitioner as well as the respondents are common. The learned advocates appearing for both the sides submitted that the point involved in the matters is common and hence both the matters are disposed of by this common judgment. 3. So far as Miscellaneous Criminal Application No. 2125 of 1989 is concerned, it arises out of proceedings initiated in the Court of the Chief Metropolitan Magistrate at Ahmedabad, vide Criminal Case No. 339 of 1986 by Shri M. C. Katharin, respondent No. 2, herein, It is alleged in the complaint that for the assessment year 1981-82, the petitioner accused was required to file his return of income by June 30, 1981, and was required to make payment of advance tax in three instalments as provided in section 209 of the Incom...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1993
Reported in : 1994(1)ALT1; 1994CriLJ1025
M.N. Rao, J. 1. These two writ petitions are inter-linked : the relief claimed in both is one and the same viz., for production of the alleged detenu - Captain (Mrs.) Latha Sharma - and her two infant children - Vaman and Pavan - aged 3 and 12 years respectively from the custody of Army authorities and to set them liberty, Because of the commonality of facts and law, we think it proper to dispose of both the writ petition by this common judgment. 2. W.P. No. 13366 of 1993 was filed by Dr. P. C. Kakar, husband of the alleged detenu - Captain (Mrs) Latha Sharma and W.P. No. 14776 of 1993 by Dr. P. C. Kakar and the detenu, Captain Latha Sharma. In the first writ petition two learned advocates - M/s. S. R. Sanku and N. N. Guru Gopal filed vakalat but during the pendency of the writ petition, they withdrew from the case. The latter writ petition was filed by Dr. P. C. Kakar as party-in-person. It is not necessary to go into the controversy as to the circumstances under which the two learned...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1993
Reported in : 1994(1)ALT60; 1994CriLJ1469
N.D. Patnaik, J.1. This writ petition is filed to issue a writ of habeas corpus to search for one person by name Masi wherever he is held by the police in the State of Andhra Pradesh and to produce him before this Court and set him at liberty and pass appropriate orders. 2. The writ petition is filed by Prof. S. Seshaiah, who is working as a Professor in the Department of Law in Sri. Krishnadevaraya University, Ananthapur based upon a newspaper report dated 12-10-1993 published in the Indian Express. The petitioner alleged in his affidavit that one Vijaya, 17 years old, tribal girl, who belongs to a remote village called 'Athiyur' near Gingee of Cuddalore District, Tamil Nadu State, is said to have been raped by police men of Pondicherry on July 29, 1993; that for reasons unknown the father of the victim girl by name Masi was forcibly taken away to Tirupathi by the police men of Andhra Pradesh on the night of 2-10-1993 and therefore requested this Court to issue a writ of habeas corpus...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1993
Reported in : 1994(1)ALT259
ORDERImmaneni Panduranga Rao, J.1. This petition is filed under Section 482 Cr.P.C. for declaration that the taking of cognizance, of C.C. No. 185 of 1993 by the learned Xllth Metropolitan Magistrate, Hyderabad, is illegal and void and to quash the entire proceedings in the said C.C.2. The petitioners figure as accused Nos. 1 and 2 in C.C. No. 185 of 1993 on the file of the XII Metroplitan Magistrate, Hyderabad and the offence alleged against them is one under Section 630 of the Companies Act, 1956. The learned Counsel for the petitioners submitted that since the offence is exclusively triable by a specially constituted Court manned by an officer in the cadre of District and Sessions Judge at Hyderabad to deal with the specific offences, the learned Magistrate is not competent to take cognizance of the offence and to proceed with the trial of the same. In support of his contention he relied upon G.O. Rt. No 734 Home (Courts-A) Department dated 13-3-1981, under which the Court of the Sp...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR108
G.B. Pattnaik, J.1. This is a defendant's appeal against a confirming judgment in a suit for compensation for malicious prosecuticm' and the only question that is urged by the appellant's counsel is that the suit is barred by limitation.2. Plaintiffs filed the suit alleging that without any basis or any reasonable cause, the defendant who is a veteran litigant prosecuted the plaintiffs by filing a complaint case, being complaint case No. 83 of 1977 on the allegation that while the plaintiffs were cutting paddy on iheir land the defendant demanded for repayment of loan from Gandu and plaintiff No, 1 instigated Gandu not to make any repayment of loan money. Said Gandu was alleged to be a Halia under the plaintiffs. When the defendant objected to such instigation by the plaintiff No. 1, the plaintiffs abused and rushed to assault him and, therefore, the complaint case was filed alleging commission of offences Under Section 504 and 3&2, IPC. The criminal case ended in acquittat and the def...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR130
A. Pasayat, J.1. On the basis of evidence obtained subsequent to forwarding of report under Sub-section (2) of Section 173 of the Code of Criminal Procedure, 1973 (in short, the 'Code'). Investigating Officer forwarded a report to the learned Judicial Magistrate, First Class, Nimapara, who took cognizance of offence punishable Under Section 307 read with Section 34, Indian Penal Code, 1860 (in short, IPC), in addition to cognizance taken in respect of offences punishable Under Section 341, 325, 323 read with Section 34, IPC. The accused-petitioners have assailed legality of the order. According to the learned counsel for petitioners, the action taken by the learned JMFC is contrary to law. The learned counsel for State and the informant have submitted that the learned JMFC acted within the para meter of law and the order is perfectly legal.2. In order to appreciate the rival submissions it is necessary to refer to Section 173 of the Code, which deals with the role of police officer on ...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 1994(I)OLR165
L. Rath, J.1. A question of considerable importance as to the relative scope of Section 138 of the Negotiable Instruments Act, 1891 (hereinafter referred to as 'the Act') for launching prosecutions when cheques are dishonoured falls for decision in this case. A preamble of the facts is necessary to introduce the question. The petitioner is a proprietorship firm having business of supply of building materials and for the purpose, uses to get A. C. Sheets of different brands including Konark brand manufactured by the opposite party-company. The agreement for payment of the cost of A. C. Sheets was both cash and credit. There were some oustanding dues against the petitioner against 0. A. No. 367 of the opposite party and goods invoice No. DAD 535 dated 11-11-1892. It is the petitioner's case that against the amounts outstanding cash payment of Rs. 41,000/- was made and after adjustment of a sum of Rs. 22,000/- in the accounts, a sum of Rs. 19,000/- was outstanding for payment for which he...
Tag this Judgment!Court : Orissa
Decided on : Dec-24-1993
Reported in : 78(1994)CLT187; 1994(I)OLR285
L. Rath, J.1. An order passed by the learned Subdivisional Judicial Magistrate, Bhubaneswar recalling the process issued against the opposite party on a complaint Under Section 500 read with Section 34, IPC brought by the petitioner arraigning the opposite party as accused No, 3 is assailed in the present petition. The bare facts are that the complaint was filed alleging commission of offence by Shri Pritish Nandy, the Editor and Publisher of the Illustrated Weekly of India and Dr. Claude Alvares as also the present opposite party alleging that the petitioner was a Cabinet Minister of the Government of India since 23-4- 1989 and was Minister of Environment and Forest til! 2-4-1990. Two issues of the Illustrated Weekly of India were published for the period July 29-August 4, 1990 and August 26-September 1, 1990 respectively containing articles captioned,'A Hallow Mockery'' and 'The Real issues, Both the articles contained defamatory imputations and aspersions against the petitioner. The...
Tag this Judgment!Court : Delhi
Decided on : Dec-24-1993
Reported in : 1994IAD(Delhi)75; 1994CriLJ321; 1994(2)Crimes1161; 1994(28)DRJ223
Sat Pal, J.(1) This is a petition filed by the petitioner under Article 227 of the Constitution of India read with Section 439 and 482 of the Code of Criminal Procedure (hereinafter referred to as Code) and in this petition it has been prayed that order dated 3rd November, 1993 passed by Shri S.N.Kapur, Additional Sessions Judge, Shahdara, a designated Court under Terrorist And Disruptive Activities (Prevention Act) (in short TADA) be quashed and the petitioner he ordered to be released on bail in terms of earlier bail order.(2) Briefly staled the facts of the case are that the petitioner was arrested under Section 307/34 Indian Penal Code, 27/54/59 Arms Act and Section 5 of Tada pertaining to Fir No.410/92 P.S.Gokulpuri. Thereafter the learned Additional Sessions Judge, Shahdara vide order dated 5th November, 1992 granted bail to the petitioner subject to the condition that the petitioner would not visit the locality of Mangat Ram (Respondent No.2) who was the complainant in the said ...
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