Court : Allahabad
Reported in : 1949CriLJ561
..... the code for the collection of evidence conduoted by a police officer or by any person other than a magistrate who is authorised by a magistrate in this behalf.though this definition cannot be said to be exhaustive, nevertheless an investigation into an offence must start with some stop in the nature of an inquiry into the commission of the offence for the purpose of finding out the circumstances in which an offence was committed and the evidence against the accused. ..... use of statements made by any person to a police officer ' in the course of an investigation under this chapter,' for any purpose save as provided in the section at any inquiry or trial in respect of any offence under investigation at the time when such statement was made. ..... the first information of the commission of an offence to the police and the first step taken by the police in the investigation of that offence, there will, naturally, elapse some time ..... the police may choose to investigate into the offence either immediately or after some time, or may wait for further information before it makes up its mind to investigate into it, it cannot, therefore, be said that an investigation starts as soon as a first in formation has been made to ..... the lodging of the first information report relating to the commission of a cognizable offence with a police officer in charge of the police station. ..... must be said to have commenced only when a step in the ascertainment of the actual offence and of the eulprita thereof is taken. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All833; 152Ind.Cas.804
..... learned counsel referred to various rulings which laid down various stages leading to the committing of an offence, the first stage is mere intention; the second stage is preparation. ..... on this division it appears tome that the accused made the movement towards committing the offence at the time when he began to move up the wall by climbing it. ..... it appears to me that following the illustration the offence of house-trespass would have been completed by the accused putting his hand across the top of the railing. ..... in which the accused arranges the means necessary to carry out the offence and the third stage of an attempt to commit the offence arises when the accused makes a movement towards committing an offence. ..... theory of learned counsel is that on the first occasion on which the accused climbed the wall and placed the pattis on the top of the wall or fence the accused was not making any attempt to commit an offence, but it would only have been on the second occasion when the accused would have again climbed the wall that the accused would have been guilty of any offence. ..... the offence therefore of section 457 would have been technically completed by the accused tying the pattis on the top of the fence and in doing so placing his hand across the top of the fence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All830
..... of the winding up of a company where in the course of the enquiry the company judge came to the conclusion that an offence has been committed in which event he may order an enquiry under section 237, companies act. ..... ' has obviously been used to give to the high court a discretion to take cognizance of such an offence when a commitment has been made to it or to direct that a commitment may be made to the ..... the mere fact that section 29 empowers the high court to try such an offence does not show that the high court can take cognisance of the offence straight off, try the accused and convict him and punish him without following the procedure ..... raises the question as to whether the high court has not only jurisdiction to try a person for an offence committed under any of the sections of the companies act, but also whether the high court can itself in the first instance take cognizance of the offence and try the accused and convict him and punish him. ..... that section 3 has specifically mentioned that the high court would be the court which should as a court of first instance try persons who have been guilty of an offence committed on account of breaches of the provisions of the sections of the act.3. ..... the high court jurisdiction to take cognizance of and try such offences and to impose the fines prescribed by the provisions of the ..... section 5(2), on the other hand, lays down that all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according .....
Tag this Judgment!Court : Allahabad
Reported in : 1987CriLJ933
..... than 12 years have passed since the delivery of the judgment by the sessions judge yet keeping in view of the facts and circumstances of the case and especially the fact that this was the second offence of this nature committed by the respondent, we are of the opinion that the respondent should be sentenced to undergo r. i. ..... it is surprising that the learned sessions judge did not even find the respondent guilty of the offence of simple cheating punishable under section 417 i.p.c, although it appears that his finding was that they had committed the offence of cheating but the said cheating was not by impersonation but was by forgery. ..... for one year and ten months respectively for the two offences but in appeal the sentences were reduced to four months and three months respectively ..... main question for consideration before us, therefore, is as to whether any of the said offences under sections 419, 420, 466, 467 and 468 i.p.c. ..... the accused respondent was convicted for the said offence and he did not prefer any appeal against that conviction ..... 1967 (ex.ka-86) shows that the convictions were maintained but the sentences for the two offences were reduced to four months and three months respectively.13. p.w. ..... section 471, i.p.c, the respondent was also charged and prosecuted for the offences under sections 419, 420, 466, 467 and 468 i.p.c. ..... government appeal is directed against the acquittal of the respondent for the aforesaid offences in respect of which he was acquitted by the lower court.3. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008CriLJ4668
..... other information made orally or in writing after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 ..... cogitating over the submissions it is clear that, if two persons give information regarding commission of two different offences which are cognizable in nature, may be in respect of the same incident, then the fir of both the versions have ..... pertinent to mention here that prabhawati and bharat tiwari were charge sheeted accused for the offences under section 306/201, ipc vide annexure 2 as has already been mentioned above ..... been observed by the apex court that any statements recorded during the investigation of cognizable offence disclosing commission of other cognizable offence will only be a statement under section 161 cr.p.c. ..... take a case where fir mentions cognizable offence under sections 307 or 326 ipc, and the investigating agency leans during the investigation or receives a fresh information that the victim died, no fresh fir under section 302 ipc need be registered ..... 5 of 2006 in the court on 20-1-2006 for the offences under section 306/201, ipc against bharat tiwari, madhuvan ..... suggests it is the earliest and the first information of a cognizable offence recorded by an officer-in-charge of a police station. .....
Tag this Judgment!Court : Allahabad
Reported in : 2011CrLJ3710
..... rare case when she takes recourse to the law enforcing agency, an absolute mockery of justice results when the molester is let out on bail at the police station itself, as section 354 ipc is a bailable offence and he becomes free to again stalk and terrorize the victim or to commit another criminal assault on her for outraging her modesty.such a lenient punishment appears to have been prescribed for the crime under section ..... and the union of india consider amending the provisions of section 354 ipc and the first schedule to the code of criminal procedure by prescribing a higher sentence for the offence and for making it non-bailable and triable by a court of session.copy of this order may be forwarded to the law commissions, of u.p and the centre, and also to the law( ..... in state of punjab v major singh, air 1967 sc 63 at paragraphs 16 and 17 reversing the full bench decision of the bombay high court holding an accused not guilty of an offence under section 354 ipc who had inserted his finger and injured a seven and a half month old child's vagina on the ground that the child could not have been conscious of the nature ..... on gun point.having given our careful consideration to the writ petition and the annexures filed therein as well as the contentions of the learned counsel for the petitioner, we are of the view that a cognizable offence is clearly disclosed against the petitioner, hence no ground exists either for quashing the fir or for staying the arrest of the petitioner. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All350; 1960CriLJ774
..... i hold that the trial court had no jurisdiction to take cognizance of the offence committedin relation to a proceeding started in the court ofsri lalta prasad on the complaint of sri ramkumar. ..... if a false complaint is filed in any of these courts, a complaint made by it under section 195 (1) (b) for offence under section 211 is competent regardless of the personality of the presiding officer. ..... if the answer is in the negative the complaint made by the former court is not a complaint of which any cognizance of the offence can be taken. ..... a complaint for an offence of section 211, i.p.c. ..... of another first class magistrate, sri ram kumar, who after carrying out the instructions of the learned sessions judge passed the impugned order directing a complaint to be made against the applicant for the same offence of section 211, i.p.c. 2. ..... on 31-7-1952 sri bhudeo gupta ordered a complaint to be made against the applicant for the offence of section 211, i.p.c. ..... he had on 12-6-1950 filed a complaint against one hukum chand, lekh-pal, for an offence of section 218, i.p.c. ..... the applicant in this application challenges the validity of an order passed by sri ram kumar, a magistrate, first class, muzaffarnagar, directing a complaint to be made against him for an offence of section 211, i. p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All129
..... we are not prepared to differ from the learned magistrate in his finding that the offence or at least part of it was committed in the presence of the regimental provost sergeant. ..... the regimental provost sergeant was a member of the military police employed in the cantonment and the magistrate has found that at least part of the offence was committed in the presence of the regimental provost sergeant. ..... we are satisfied therefore that the respondent was guilty of the offence with which he was charged if the facts were true. ..... it does not appear to us from the judgment of the learned magistrate that it was intended to charge the respondent with an offence for each occasion on which he approached the witnesses. ..... it is urged before us that his was a first offence or at any rate this was a first conviction, and that it would be preferable to substitute a sentence of fine for one of imprisonment. ..... we believe that the respondent did importuue the witnesses to the commission of sexual immorality and we are satisfied that he-was guilty of the offence with which he was charged. ..... we do not think therefore that there is any force in the argument based on the allegation that the respondent was charged with several offences at the same trial.5. ..... in the first place it is said that the trial was vitiated by the fact that he was charged with a large number of offences. .....
Tag this Judgment!Court : Allahabad
Reported in : 1982CriLJ1982
..... a criminal act- may have been committed by one of the accused alone; the other accused are deemed to be guilty of the offence if the act is done in pursuance of the common intention of all of them.23. ..... it was because of this lacuna in the prosecution evidence that it was held by the court that the accused concerned could not be punished for the substantive offence with the aid of section 34 of the penal code.24. ..... 1) and the first information report lodged by prem singh against karan singh for the offence punishable under sections 312 and 506 i.p.c. ..... it does not disclose any serious offence and no action on the basis of the said first information report was taken by the police. ..... prem singh is convicted of the offence punishable under section 302/34 i.p.c. ..... , therefore, of the view that the prosecution has succeeded in establishing a common intention between the two brothers and the instant case is a fit case in which prem singh respondent shall also to be convicted for the offence punishable under section 302/34 i.p.c.25. ..... by his judgment and order of may 31, 1977, the sessions judge found karan singh guilty of the offence punishable under section 302 i.p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ561
..... learned counsel for the applicants is that even though the material produced by the parties in support of their allegations and counter-allegations is not scanned and believed or disbelieved, no offence shall be made out from the allegation made between the period from 27-10-1996 to 31-10-1996. ..... complainant has submitted that the subsequent incident occurred in continuity of the offence which occurred between the date of marriage till 25th august, 1991 and last part of the incident occurred at agra and, therefore, the courts at agra have jurisdiction to try the offences which occurred at different times and different places. ..... stated that after the first information report was registered at police station loha mandi, agra, the process of investigation was transmitted to delhi under the orders of the circle officer, vth agra as the offences were found to have been committed in the territory of delhi. ..... denial that from the facts stated in the first information report, incidents which occurred between the date of marriage till 25-8-1991, are prima facie offences punishable under section 498a and 323 or 324, i.p.c. ..... made in the fir or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.4. ..... in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.2. .....
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