Judgment Search Results Home > Cases Phrase: forest offence Court: allahabad Page 4 of about 11,074 results (0.034 seconds)

Mohd. Habibur Rahman Faizi and ors. Vs. State and ors.

Court : Allahabad

Reported in : 1996CriLJ74

..... the hon'ble supreme court made the following observation:'if the allegations set out in the complaint do not constitute the offence of which cognizance is taken by the magistrate it is open to the high court to quash the same in exercising of the inherent powers under section 482 ..... if it appears on a consideration of the allegations, in the light of the statement on oath of the complainant that ingredigents of the offence/ offences are disclosed, and there is no material to show that the complaint, is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the high court ..... (4) where the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizabale offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code ..... (iii) where the allegations made against the accused person do constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the ..... 2 was false and frivilous and the necessary facts constituting the offence mentioned in the complaint did not really exist and as such the complaint is liable to be quashed and the summoning order is also liable to be quashed. mr. a.n ..... (c) penal code (1860), sections 409 and 405-'for an offence under sections 409, penal code, the first essential ingredient to be proved is that the property was .....

Nahar Singh Vs. the State

Court : Allahabad

Reported in : AIR1952All231

..... observed :'an order of discharge is really an order by which a court puts an end to the proceedings against the accused with respect to any particular offence, which means with respect to such acts or things which are punishable and for which the punishment of the accused is sought in the cage. ..... he was being tried for the act and he was being tried notwithstanding the fact that he was being tried for a less severe offence than that for which he was put on trial, that he was being tried before the learned magistrate himself instead of before a sessions court, and that the maximum punishment to which he was ..... section 403 of the code enacts that a person who has been once tried and convicted or acquitted of an offence cannot be tried again not only for the same offence but also on the same facts for any other offence for which a different charge might have been made against him under section 236 or for which he might have been ..... ' now if an accused is charged under section 315, penal code and is deemed to have been discharged as far as the offence of section 307, penal code is concerned, the sessions judge or district magistrate can only order an inquiry into the charge of section 307, penal code ; he cannot interfere with the trial proceeding on ..... the learned magistrate being of the view that the act alleged against the applicant, constituted the offence of section 804a, and not of section 304, penal code, charged him under section 304a and refrained from charging him under section .....

Salig Ram Vs. Emperor

Court : Allahabad

Reported in : AIR1943All26

..... of disorder within the province, and to my wind acts and disorder which brought about the emergency are outside the scope of the ordinance and the ordinance must apply only to offences which were committed after the passing of the ordinance, otherwise the result will be that the very acts which brought about the emergency would be caught by the act which ..... behalf of the applicant, (1) that the ordinance was ultra vires of the governor-general, (2) that even if the ordinance was not ultra vires it had no application to offences committed before 20th august 1942 when the ordinance came into force, (3) that the learned additional sessions judge was wrong in holding that no appeal lay to him against ..... . the whole object of conferring revisional jurisdiction on the high court is to make it a guardian of administration of criminal justice by other courts within its jurisdiction, and so long as criminal offences are tried by any court, ordinary or special, the high court automatically gets jurisdiction to supervise their proceedings find if this jurisdiction is to be taken away, express words are necessary in a ..... argument on both sides; but on the whole i think it is safer to hold that section 26, bankruptcy act, 1890, is not retrospective in its operation and that where a person is accused of an offence created by that act, as applied to debtors act, 1869, all the ingredients of the offence must have taken place before 1st january 1891, upon which date the act of 1890 came into operation .....

Emperor Vs. Hardwar Pal

Court : Allahabad

Reported in : (1912)ILR34All522

..... the difficulty might be solved by holding that in taking cognizance in the present case of an offence under section 211, the magistrate is also taking cognizance of an offence under section 182, which he is forbidden to do by the terms of section 195 of the code of criminal procedure without the sanction ..... the making of a false report to the police where the case has not come into court constitutes an offence under section 211 of the indian penal code as well as one under section 182, but it leads to this absurdity that in the case of the lesser offence under section 182 a sanction is a sine qua non, whereas in the case of the more serious offence under section 211 a sanction is not at all necessary. ..... information to the police, but it has been held by this high court that they also constitute an offence under the first half of section 211 of the indian penal code.6. ..... implicated sher bahadur singh in his report, and that the offence he thereby committed was one under the first paragraph of section 211, still it is quite clear that this offence was one committed in relation to a proceeding in court. ..... if the complaint had been made of an offence under section 182 of the indian penal code on the facts of the present case the sanction of the police officer would have been necessary under section 195(1)(a), criminal procedure code, but that clause makes no mention of an offence punishable under section 211 of the indian penal code ; therefore as the complaint is laid under this latter .....

Kamal Singh Vs. State of U.P.

Court : Allahabad

Reported in : 1990CriLJ1721

..... oppose the application for bail, and(b) where the prosecution opposes the application for bail, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence;provided that a person, accused of a scheduled offence, who has been in custody for a total period of one hundred and eighty days, may be released on bail, a subject to such condition as the court may think fit ..... to impose;provided further that no such person, as is referred to in the preceding proviso, shall be so released-- (i) if he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more; or(ii) if he had been previously convicted on two or more occasions of a non-bailable and cognizable ..... granted unless there may be some ground for refusing bail like the nature and gravity of the circumstances in which the offence is committed; the position and status of the accused with reference to the victim and the witnesses; the likelihood of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with ..... the court has to consider the various factors which may impel it in refusing bail like the gravity and circumstance in which the offence is committed; the position and status of the accused with reference to victim and witnesses etc. .....

Hardwar Pal Vs. Emperor

Court : Allahabad

Reported in : 16Ind.Cas.510

..... the argument which found favour with the court below is as follows: if the complaint had been made of an offence under section 182, indian penal code, on the facts of the present case, the sanction of the police officer would have been necessary under section 195 (1)(a), criminal procedure code, but that clause makes no mention of an offence punishable under section 211, indian penal code, therefore, as the complaint is laid under this latter section ..... making of a false report to the police, where the case has not come into court, constitutes an offence under section 211, indian penal code, as well as one under section 182, indian penal code, but it leads to this absurdity that in the case of the lesser offence under section 182, a sanction is a sine qua non, whereas in the case of the more serious offence under section 211, indian penal code, a sanction is not at all necessary. ..... the difficulty might be solved by holding that in taking cognizance in the present case of an offence under section 211, indian penal code, the magistrate is also taking cognizance of an offence under section 182, indian penal code, which he is forbidden to do by the terms of section 195, criminal procedure code, without the sanction of the police officer concerned. ..... , the giving of false information to the police, but it has been held by this high court that they also constitute an offence under the first half of section 211, indian penal code.6. .....

Ram Lal Yadav and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1989CriLJ1013

..... by the person or persons charged with the crime by the police in its report to the court, and to award adequate punishment according to law for the offence proved to the satisfaction of the court, there is thus a well defined and well demarcated function in the field of crime detection and its subsequent adjudication between ..... is essential that every one accused of a crime should have free access to a court of justice so that he may be duly acquitted if found not guilty of the offence with which he is charged, so it is of the utmost importance that the judiciary should not interfere with the police in matters which are within their providence and into ..... may be briefly summarised as under:(i) when the first information report, even if accepted as true, discloses no reasonable suspicion of the commission of a cognizable offence:(ii) when the materials subsequently collected in the course of an investigation further disclose no such cognizable offence at all;(iii) when the continuation of such investigation would amount to an abuse of power by the police thus necessitating interference in the ends of justice; ..... supreme court and it was held (paras 20 to 21 of air & cri lj):the privy council qualified its statement by saying:no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have no authority to undertake an investigation.if anything, therefore, the judgment shows that an investigation can be quashed if no cognizable .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

Court : Allahabad Lucknow

..... parental home at gaya by her husband with a threat of dire consequences for not fulfilling their demand of dowry, we hold that in view of the sections 178 and 179 of the code, the offence in this case was a continuing one having been committed in more local areas and one of the local areas being gaya, the learned magistrate at gaya has jurisdiction to proceed with the criminal case instituted ..... magistrate has rejected the applicant's application raising the question of jurisdiction on the ground that indisputedly the offence took place at the place of in-laws house, but due to the said offence, in compelling circumstances, the complainant has left her in-laws house and is residing in the parental ..... , upon perusal of the first information report, i find that they have been assigned the active roles for commission of offence, as it is alleged that the complainant's grand mother-in law, grand father-in-law, husband, brother-in-law(dewar) and aunt-in-law (chachaiya sas) and brother-in-law(chachaiya devar) locked the ..... as observed by this court in state of bihar v.deokaran nenshi and another, air 1973 sc 908, continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all, that it is one of those offences which arises out of the failure to obey or comply with a rule or its requirement and which involves a penalty, liability continues till compliance, that on every occasion such disobedience or non-compliance occures .....

M/S. Lipton India Ltd., G.T. Road, Ghaziabad Vs. State of Uttar Prades ...

Court : Allahabad

Reported in : AIR1996All173; [1995(71)FLR791]

..... after conducting intensive survey and chemical analysis of different pollutions, the result showed alarming health hazard, as such the british parliament has passed numerous legislations to prevent pollutions making it a criminal offence, for which control of pollution act, special legislation relating to london and river thames was passed besides other important legislations containing numerous enactments prohibiting pollution relating to throwing rubbish, escape from pipelines ..... the chief judicial magistrate, ghaziabad having taken cognizance of the offence alleged under section 44 of the act, by his order dated 27-5-1988 ..... , alleging therein that they have committed offence within the meaning of the provisionsof section ..... it is also averred that the cognizance of the offence has been taken by the chief judicial magistrate and the same pertains to the period prior to 13-5-88, therefore, pendency of the appeal filed by the petitioners against the order ..... offences :-- (1) no court shall take cognizance of any offence under this act except on a complaint made by, or with previous sanction in writing of the state board, and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence ..... lawful for any magistrate of the first class or for any presidency magistrate to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this act.' 18. .....

Hanif and ors. Vs. the State

Court : Allahabad

Reported in : AIR1962All272

..... c, in my opinion, is that all the members of an unlawful assembly render themselves liable to punishment for any and every offence committed by any member or more members of that assembly in prosecution of the common object of the unlawful assembly which, as i understand it, means that its commission was in the contemplation of the unlawful assembly directly or impliedly. ..... , holds vicariously guilty all the members constituting an unlawful assembly for an offence committed by one or more members of that unlawful assembly in two contingencies firstly, if the offence is committed in prosecution of the common object of the unlawful assembly and secondly, also if the offence committed is such as the members of that unlawful assembly knew to be likely to be committed in prosecution of that common object this is evident from the words of section 149 itself reproduced below. ..... 'he, however is of opinion that even though the eleven accused whose case is before me did not intend to cause the death of darshan, they would still be liable for the offence of murder because of the extended vicarious liability which the first part of section 149, i. p. c. ..... in order that the case may fall under the first part the offence committed must be connected immediately with the common object of the unlawful assembly of which the accused were members. .....