Court : Allahabad
Reported in : AIR1935All366; 157Ind.Cas.205
..... in the present case the district magistrate considers that section 218, penal code, an offence exclusively triable by the court of session, is an offence shown by the facts alleged and therefore the district magistrate considers that the inferior court wrongly tried the case. ..... in both those cases the courts decided that the offence with which the district magistrate or sessions judge desired to charge the accused under the section which corresponded to section 437, criminal p.c. ..... the language of the section requires that the offence should be exclusively triable by the court of session, therefore the courts held that the order was not justified under the section in question. ..... these words are general and cover a discharge on any kind of charge and not merely a discharge on a charge of an offence exclusively triable by the court of session. ..... one of the points in revision is that this order shows that there was a withdrawal by the prosecuting inspector from the offence of section 218, penal code. ..... a public prosecutor may:withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.3. ..... was not an offence exclusively triable by the court of session.7. ..... the word 'offence' is defined in section 4(o), criminal p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All989; 159Ind.Cas.290
..... the appellants, ram prasad, gulzari and sbiama were further charged with an offence under section 19(f), arms act, and were found guilty, convicted and sentenced under that section each to a term of one year's ..... provides that where the sentence dealt with under section 439 has been passed by a magistrate acting otherwise than under section 34, the court shall not inflict a greater punishment for the offence which in the opinion of such court the accused has committed than might have been inflicted for such offence by a presidency magistrate or a magistrate of the first class. ..... as we have stated the 13 appellants were found guilty of various offences, whereas the seven respondents to the government appeal and the two other persons were ..... the appellant, gulzari, was properly convicted of offences under section 399 and section 307, penal code, and section 19(f), arms act, and in our view the sentences imposed upon this appellant were ..... hold that gulzari was properly convicted of an offence under section 307, penal code, and that both gulzari and shiama were properly convicted of an offence under section 19(f), arms act.16. ..... result therefore we hold that the appellants ram nath, manpal, bhogi ram, dwarka, gur narain, lala ram, shiama, rupa, darshan singh, jangi singh, gulzari and khuda bux, were properly convicted of an offence under section 399, penal code. ..... 1934, were convicted by the learned assistant sessions judge of the etawah district of an offence under section 399, penal code. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ3918
..... the language of sub-section (6) starts with 'notwithstanding anything contained in the code, no person accused of an offence punishable under this act shall, if in custody be released on bail or on his own bond unless public prosecutor has been ..... sub-sections (6) and (7) use a negative language to the grant of bail to a person accused of an offence punishable under this act if he is in custody unless the conditions specified therein are satisfied. ..... therefore, the restriction, created by proviso, we presume, has been preventive in character in the offences of this category but it will come to an end if the investigation is completed within 90 days or 180 days in the maximum and charge-sheet reaches the ..... this embargo in proviso of sub-section (7) of section 49 is relevant in the context for the offences of first category whereby it by implication lays down the law for detention of such an accused for minimum 12 months before bail could be considered and ..... in the set of facts, emerged out from the above discussion, the offence committed by udai pratap singh was simply prosecutable under the relevant provisions of the arms act and not under the impugned act ..... from this confession he was found to have committed the offence under the provisions of the prevention of terrorism act (hereinafter 'the act' shall be referred to in the judgment as 'pota ..... this satisfaction of 'not guilty of the commission of such offence' is the precondition for grant of bail if it is opposed by the public .....
Tag this Judgment!Court : Allahabad
Reported in : III(2007)BC625; 2006CriLJ2611
..... cogitating over the rival submissions so far the contention that the cheque had bounced because of 'exceed arrangement' noting by the bank in its memo and therefore no offence under section 138 of ni act is made out, is concerned the said submission is devoid of merit on the face of fit. ..... in such a prosecution the accused can show that the company has not committed the offence, though such company is not made an accused, and hence the prosecuted accused is not liable to be punished. ..... he further submitted that the cheque relates to a cheque book which was lost and therefore also no offence is made out against the accused and his prosecution deserves to be quashed.5. ..... but instead of prosecuting the company if the payee opts to prosecute only the persons falling within the second or third category the payee can succeed in the case only if he succeeds in showing that the offence was actually committed by the company. ..... no doubt a finding that the offence was committed by the company is sine qua non for convicting those other persons. ..... : 2000crilj373 has held:if the offence was committed by a company it can be punished if company is prosecuted. ..... consequently it cannot be said that the applicant is not connected with the offence in any manner whatsoever. ..... it was, lastly, contended that the cheque in question was stolen and therefore also no offence is made out. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)IILLJ1145All
..... it has been contended that the executive director, finance director and directors of the company are in no way responsible for the alleged commission of offence under section 14a(1) of the provident fund act and in so far as the general managers are concerned it has been contended that they may be occupiers within the meaning of section 2(e) ..... mere fact that the accused person is a partner of a firm or director of the company shall not make him criminally liable for the offences committed by the company unless the other ingredients are established which make him criminally liable.7. ..... provident funds act provides that 'if the person committing an offence under this act, the scheme or (the family pension scheme or the insurance scheme) is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished ..... is, therefore, manifest that all the officers of the company not in direct charge of the management of the bust-ness are immune from the liability for the offence unless they have contributed to its commission by consent, connivance or neglect. ..... the expression 'every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company' was considered by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ4266
..... of the first class or any magistrate of the second class specially empowered by the state government in this behalf may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this act, or for the search, whether by day or by night of any building, conveyance or place in which he has reason to believe any narcotic drug or psyche-tropic substance or controlled substance in respect of which ..... an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure ..... are taken together, it becomes manifest that if any narcotic drug or psychotropic substance is to be recovered from the possession of a person about whom there is reasonable belief of offence being committed the recovery is to be made after seeking authority from the magistrate and as far as possible, effort should be made by the police officer to have at least two public persons of the locality to witness the arrest .....
Tag this Judgment!Court : Allahabad
Reported in : 1997CriLJ1660
..... 54 of 1982 whereby the appeal by the applicant was dismissed and order and judgment dated 3-2-1982 passed by the special judicial magistrate (economic offences) saharanpur convicting the applicant under section 3 read with section 7 of the essential commodities act (hereinafter referred to as the act) for contravening the provision of u.p. ..... it was held that in order that a person may be convicted of an attempt to commit a crime, he must be shown first to have had an intention to commit the offence, and secondly, to have done an act which constitutes the actus rea of a criminal attempt. ..... on the other hand, an attempt to commit the offence is a direct movement: towards the commission alter preparations are made. ..... as held by the apex court in malkiat singh authority (air 1970 sc 713) (supra), as a matter of law a preparation for committing an offence is different from the attempt to commit it. ..... but there is no provision in the act which makes a preparation to commit an offence punishable. ..... state of punjab (air 1970 sc 713), the apex court has in very clear terms held that there is no provision in the act which makes a preparation to commit an offence punishable. ..... in the instant case, it can at the most be said to be preparation at the time when jagmohan accused had allegedly committed an offence. ..... the preparation consists in devising or arranging the means or measures necessary for the commission of the offence. .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1347
..... (whose view has been followed by two other hon'ble judges) has also observed as follows:'once disclosure of cognizable offence is made, arrest of the accused or suspect is a 'must', for there is no other known method by which he may be brought before the court for trial ..... the observations of the supreme court in joginder kumar's case that arrest is not a must in every cognizable offence could not have been ignored by high court.13. ..... ) the accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint. ..... narain's case constrained to say that the observation that arrest is a must whenever a cognizable offence is disclosed is contrary to the supreme court's verdict.16. ..... quoted with approval the report of the national police commission which states:-'an arrest during the investigation of a cognizable case may be considered justified in one or other of the following circumstances:(i) the case involves a grave offence like murder, dacoity, robbery, rape etc. ..... defines cognizable offence as an offence for which a police officer may arrest without ..... 'once disclosure of cognizable offence is made, arrest of the accused or suspect is a 'must ..... arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. ..... except in heinous offences, an arrest must be avoided if a police officer issues notice to a person to attend the station house and not to leave the station without permission would .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ2762
..... div), banda after considering the evidence collected by investigating officer, came to the conclusion that prima facie offence punishable under sections 147, 149, 323, 504, 506, ipc is made out against the accused respondents ..... if the learned magistrate comes to the conclusion that on the basis of the evidence collected by the investigating officer, prima facie any offence is made out against the accused and there is sufficient ground to proceed further against the accused. ..... magistrate took the cognizance on the basis of the evidence collected by the investigating officer and affidavit filed by petitioner and summoned the petitioner to face the trial for the offence punishable under sections 147, 149, 323, 504, 506, ipc by rejecting the final report on 24-4-2002. ..... , if he is satisfied that on the basis of the allegations made against the accused prima facie any offence is made out against the accused and there is sufficient ground to proceed further, he is legally empowered to take cognizance and summon the accused to ..... he is empowered to take cognizance and summon the accused to face the trial for a particular offence only on the basis of the police report and learned magistrate is also empowered to proceed further adopting the procedure of a complaint case by treating the protest petition as complaint and after recording the statements ..... ) judicial magistrate, banda taking cognizance for the offence punishable under sections 147, 149, 323, 504, 506, ipc and summoning the opposite .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ1978
..... the main contention of the learned counsel for the petitioner is that under section 138 of the act offence is committed only when the cheque is bounced or returned by the bank unpaid either because of the amount of money standing to the credit of the account of the person issuing the cheque is insufficient to honour the cheque or that it ..... the supreme court while considering such a question ruled as follows (para 7):-sri nageswara rao, learned counsel appearing for the respondents, contended that stoppage of payment due to instructions does not amount to an offence under section 138 and that, therefore, the ingredients in section 138 have not been satisfied. ..... sessions judge on the ground that no offence is made out from the allegations contained in the complaint.5. ..... the accused filed objection against summoning order mainly on the ground that the allegations continued, in the complaint did not make out offence under section 138 of the act. ..... section 138 draws presumption that one commits the offence if he issues the cheque dishonestly. ..... the accused thus, committed offence under section 138 of the act.3. ..... therefore, no offence under section 138 of the act was committed. .....
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