Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 211 contents of charge Court: jharkhand Page 1 of about 1 results (0.055 seconds)

Vijay Kumar Sinha Vs. the State of Jharkhand and Sri A.B. Singh, the t ...

Court : Jharkhand

Reported in : 2008(56)BLJR2496; [2008(3)JCR391(Jhr)]

..... question in the instant case reflects as to whether sanction under section 197 of the code of criminal procedure is at all required for criminal prosecution of the petitioner in the facts and circumstances of the alleged ..... the government of jharkhand who, in my view, is not a competent person to accord sanction under section 197 of the code of criminal procedure to accord sanction for prosecution of the petitioner who is admittedly at the time of alleged occurrence was ..... the case and argument advanced on behalf of the parties, i find that main thrust in this criminal revision on behalf of the petitioner was that no sanction was obtained under section 197 of the code of criminal procedure before his criminal prosecution, by taking cognizance of the offence against him. ..... ganesh chandra jew reported in : 2004crilj2011 learned apex court while interpreting section 197 of the code of criminal procedure observed that the use of the expressions 'official duty' implies that the act or omission must have been done by the public servant in course of his service and that ..... 41, the apex court had held that want of sanction under section 197 of the code is a prohibition against institution of the proceedings, and the applicability of the section must be judged at the earliest stage of the proceedings and in that case, the court directed the magistrate to consider the question of sanction before framing a charge.16. ..... after almost five years of taking his charge of the division on 25.4.1998 for the .....

Radhey Shyam Pandey Vs. State of Jharkhand

Court : Jharkhand

..... personnel, public grievances and pensions, department of personnel & training, new delhi, wherein it was ordered, in exercise of the powers conferred by section 76 of the bihar reorganization act, 2000, the central government hereby directs that in respect of sanction of prosecution under section 197 of the code of criminal procedure, 1973 and section 19 of the prevention of corruption act, 1988, the successor state government of bihar would be competent to exercise authority in respect of those ..... merit in this case, accordingly, the petitioner radhey shyam pandey, in the facts and circumstances, cannot be proceeded for want of sanction from competent authority under section 197, code of criminal procedure as it was not the case of the prosecution that no sanction was required since the offence was committed in his personal capacity, therefore, cognizance of the ..... no longer employee of the state of bihar and therefore sanction, if at all, accorded by the state of bihar could not be held to be a proper sanction within the definition of section 197, code of criminal procedure to proceed against the petitioner for the alleged charge. 5. ..... dismiss the petitioner as he was posted in successor state of jharkhand and that similar principle is relevant in the instant case also in so far as it relates to obtaining sanction under section 197, code of criminal procedure to proceed against the petitioner and another is concerned for the charge alleged under sections 406/409, indian penal code. .....

Md. Sayeed Vs. the State of Jharkhand Through Superintendent of Police ...

Court : Jharkhand

Reported in : 2006CriLJ4498; [2006(3)JCR282(Jhr)]

..... 2000 suffer from legal infirmities, contrary to the provisions of sections 233 and 315 of the code of criminal procedure, 1973, apart from violation of principle of natural justice. ..... and other accused namely rama shankar singh, surendra nath sinha and basant kumar sinha were earlier allowed to be examined under section 315 of the code of criminal procedure but they did not choose to depose. 15. ..... they are not many in number and can be examined relatively quickly.however, the learned court below appears to have committed an error in directing that the list of 'documents submitted on behalf of the accused under section 22a of the prevention of corruption act, 1988, could be taken up for consideration after conclusion of the evidence of the defence witnesses and examination of some of the accused persons under section 315 of the code of criminal procedure. ..... sayeed and co-accused by the central bureau of investigation tried to project that the charges of various nature against the accused cannot be proved or disproved unless important defence witnesses are examined in the court on behalf of the defence, much less the suppliers, technicians of the artificial insemination bank etc. ..... jha kamal by enumerating the charges levelled against the petitioner ..... forged allotment letters in favour of the project officer, frozem semen bank, hotwar, ranchi and other concerned places with the active assistance and connivance of accused officials of animal husbandry department named in the charge-sheet. .....

Suresh Kumar Chawda ? Suresh Kr.Chawra Vs. State of Jharkhand and Anr

Court : Jharkhand

..... he also submitted that this court has inherent power under section 482 of the code of criminal procedure with the object of advancement of justice and in this case the complainant has filed civil as well as criminal case with an ulterior motive and the malicious intention to implicate the applicants to ventilate the personal grudge against ..... the petitioner further submitted that it was a case of civil nature and the court below has rightly passed the order under section 203 of the code of criminal procedure but the same was set aside at the revisional stage. ..... thus, exercising jurisdiction under section 482 of the code of criminal procedure, in such circumstances, order dated 18.07.2007 passed by the court of of shri piyush srivastava, judicial magistrate, 1st class, dhanbad ..... ehsanual haque under section 39 of the code of criminal procedure in the form of information that he is tenant of the opposite party and running a business of vulcanizing in the tenanted premise and paying monthly rent of ..... could not obtained any order of injunction then he filed a complaint case before chief judicial magistrate, dhanbad which was initially dismissed under section 203 of the code of criminal procedure. ..... , court of shri piyush srivastava, judicial magistrate, 1st class, dhanbad where the case was pending at that time, after scrutiny of the materials on record again took cognizance under sections 323, 341, 380, 147 & 149 of the indian penal code and ordered to issue summon upon accused persons. 7. .....

indra Kumar Tanwani Vs. State (Through Cbi)

Court : Jharkhand

Reported in : [2007(3)JCR615(Jhr)]

..... method in order to fill up lacuna by filing an application under section 311 of the code of criminal procedure on 23.2.2001 whereby prayer was made to allow prosecution to examine remaining 56 witnesses out of 70 charge-sheet witnesses. ..... therefore, the high court in exercise of jurisdiction either under section 482 of the code of criminal procedure or under articles 226 and 227 of the constitution of india can pass appropriate order where it appears to the court that right to speedy trial has been denied to a person and, therefore, criminal case pending since last 20 years is fit to be quashed ..... down that whenever it appears to the court that there has been, in the facts and circumstances of the case, infringement of right of speedy justice then appropriate relief under section 482 of the code of criminal procedure or under article 226 of the constitution of india can be granted. ..... trial court in view of the law laid down in.rajdeo sharma's case reported in 1998 (3) pljr 57 closed the prosecution case and even recorded the statement of the petitioner under section 313 of the code of criminal procedure. ..... as against this learned counsel appearing for the cbi submits that though cbi has not been able to examine all witnesses during this long pendency, but proceeding of a criminal trial on account of lapse of time cannot be terminated as a rule in view of the proposition laid down by the hon'ble supreme court in a case referred to on behalf of the petitioner as there could be so many .....

Ramchandra Yadav and ors. Vs. the State of Jharkhand

Court : Jharkhand

Reported in : 2007CriLJ472

..... 85/05 was lodged on subsequent day on 22.5.05 leading to involvement of as many as 18 named accused wherein one of the victims succumbed and another sustained grievous injury.section 154(1) code of criminal procedure speaks,every information relating to the commission to a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and ..... 84/05 on 21.05.05, first point in time, for the same set of occurrence shall be deemed to be the statement of a witness under section 162(1) of the code of criminal procedure and shall not be treated to be the first information report received by the police.14. ..... for the same set of occurrence calls for interference under section 482 of the code of criminal procedure and accordingly f.i.r. ..... abdul rauf under section 162(1) of the code of criminal procedure.16. ..... from careful perusal of the entire materials on the record, appreciation of chapter xii of the code of criminal procedure as well as the proposition of law, referred to hereinabove, i find that the chauparan p.s. ..... 85/05 for the same set of occurrence is not sustainable and against the provisions of the code of criminal procedure.8. .....

BipIn Kumar Singh and anr. Vs. State of Jharkhand

Court : Jharkhand

Reported in : 2009(57)BLJR1990

..... (supra) as referred to on behalf of the state, it has never been held that in case of remedy being available under section 482 of the code of criminal procedure, writ application would not be maintainable, rather it has only been held that when the remedy under section 482 of the code of criminal procedure is available, the high court would be loath and circumspect to exercise its extraordinary power under article 226 of the constitution of india.14. ..... singh, learned senior counsel appearing for the petitioners submitted that invariably whenever writ application is field for quashment of any order passed by a criminal court, stamp reporter raises the question of maintainability presumably for the reason that other statutory remedy by way of revision or remedy under section 482 of the code of criminal procedure is available to the petitioners but that objection is totally uncalled for in view of the settled law that availability of statutory remedy never obliterates power ..... in question.secondly, where a revision application filed before the sessions court gets dismissed, an application is being filed under article 226 or 227 of the constitution of india on account of the fact that second revision is barred under section 397(3) of the code of criminal procedure.third situation is that in spite of forum of revision or forum of this court under section 482 of the code being available against the impugned order, the application under article 227 is filed.10. .....

Hari Bansh Narayan Singh Vs. the State of Jharkhand and Sheo Prasad Ag ...

Court : Jharkhand

Reported in : 2008(56)BLJR2746

..... 276 of 2000 wherein, after finding a prima facie case on enquiry under section 202 of the code of criminal procedure for the alleged offence under section 506 of the indian penal code, processes were directed to be issued against the accused including the petitioner hari bansh narayan singh, by the order dated ..... agrawal was further assailed by one seema chaturvedi in her written complaint, addressed to the officer-in-charge of sukhdeonagar police station, ranchi in which she alleged that sheo prasad sharma was using his name for gains and in view of tine declaration under the press and registration of books act, 1867 petitioner hari bansh narayan singh, chief editor, cannot be held criminally liable for publication of news item in prabhat khabar.8. ..... the news which was published in the newspaper was based upon the written complaint, addressed to the officer-in-charge, kotwali police station, ranchi by the manager of oriental bank of commerce, ranchi university branch, ranchi and therefore, the petitioner could not be ..... news was published, it was based upon the written complaint of kameshwar sharma, branch manager, oriental bank of commence, government of india undertaking, addressed to the officer-in-charge, kotwali police station in respect of alleged maltreatment extended to him at the hands of the opposite party no. ..... another written complaint was made by one seema chaturvedi before the officer-in-charge of the sukhdeonagar police station, ranchi by which she alleged against the .....

Hari Prasad Singhania Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2004(2)JCR105(Jhr)]

..... he also argued that when the prima facie case is made out and the witnesses who were examined under section 202 of the code of criminal procedure, have supported the case, then the right of the magistrate is only to find out whether the offence as alleged in the complaint is made out prima-facie, but at that stage the magistrate had no jurisdiction to ..... but the police did not entertain the complainant then he filed the complaint case before the court and considering the evidence adduced on behalf of the complainant in course of enquiry under section 202, of the code of criminal procedure, the court issued summons against the opposite party no. ..... 1977 sc 1766 and air 1988 sc 189 has argued that when there is an agreement, there is no question of any cheating and the case pure and simple is a civil dispute then the continuance of the criminal proceeding itself amounts to an abuse of the process of the court and consequently, in revision the order taking cognizance can be set aside.6. ..... circumstances, when the additional district judge found that the ingredients of the offence under sections 406 and 420 of the indian penal code arc not there and, therefore, the order-taking cognizance is bad. ..... the learned counsel for the petitioner read out section 405 of the indian penal code to point out that it is a case ..... 187 of 2002, of the offence under sections 420 and 406 of the indian penal code by which the learned sdjm dumka, issued process for appearance of the accused of that case, who is .....

Samir Gupta Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : 2007(2)BLJR881; [2007(2)JCR283(Jhr)]

..... of competent jurisdiction:cognizance of offered - notwithstanding any thing contained in the code of criminal procedure, 1973(2 of 1974)-(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138{provided that the cognizance of a complaint may be taken ..... from perusal of the pleadings of the complaint petition as well as the petition filed on behalf of the petitioner under section 482 of the code of criminal procedure i find that there is allegation and counter allegation against each other which cannot be adjudicated and decided by invoking the inherent power of this court. ..... dated 10.1.2005 is unsustainable under the law and hence it is set aside with the direction to pass a fresh order with an opportunity to the petitioner to present his case before the appropriate order is passed under either section 203 or section 204 of the, code of criminal procedure in accordance with law.12. ..... the petitioner, above named, has preferred this petition under section 482 of the code of criminal procedure for quashment of the entire criminal prosecution arising out of c.p. ..... from the plain reading of the pleadings of the petition under section 482 of the code of criminal procedure, the complaint petition vide c.p. .....