Court : Mumbai Nagpur
..... the court, where the matter is pending, (iv) the fact that the charge/charges were framed against the respondent no.1 prior to the date of delivery of nomination paper under section 33 of the said act in respect of the offence/offences alleged against him along-with the specific date of framing of charge/charges by the court of competent jurisdiction, and (v) the fact that there is a failure to disclose or nondisclosure or concealment or suppression of the aforesaid ..... is an accused, but there is nondisclosure of the other pending cases in which also he is an accused; (c) where the information furnished is found to be completely false and incorrect; (d) where there is a disclosure of some offences in a pending case or cases in which he is accused, but there is nondisclosure of the other offences in the same case in respect of which also he is an accused; and (e) where there is some defect or irregularity, which is not of a substantial character in furnishing of such information in the nomination form. 17. ..... delivery of nomination paper under section 33 of the said act (i) a charge was framed against the respondent no.1 in a case pending in respect of any offence punishable with imprisonment for a period of two years or more, or (ii) he was an accused in a pending case in which cognizance was taken in respect of any offence punishable with imprisonment for less than two years and such defect was of a substantial character requiring the rejection of the nomination paper .....
Tag this Judgment!Court : Mumbai Nagpur
..... of payment of fine to suffer further rigorous imprisonment for nine months, convicted for the offence punishable under section 366 read with section 34 of the indian penal code and sentenced to suffer imprisonment for ten years and to pay a fine of rs.5000/- and in default of payment ..... default of payment of fine, to suffer further rigorous imprisonment for two months, and also convicted them for the offence punishable under section 457 read with section 34 of the indian penal code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of rs.1000/- and in default ..... of fine to suffer further rigorous imprisonment for nine months; convicted for the offence punishable under section 506 (part ii) read with section 34 of the indian penal code and sentenced to suffer simple imprisonment for five years and to pay a fine of rs.1000/- and in ..... code and sentenced to suffer imprisonment for life and to pay fine of rs.10,000/- and in default of payment of fine to suffer further rigorous imprisonment for two years; convicted for the offence punishable under section 364 read with section 34 of the indian penal code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rs.5,000/- and in default ..... .....
Tag this Judgment!Court : Mumbai Nagpur
..... during the investigation, the investigating officer got the knowledge that both the appellants after commission of the offence ran away towards tekewadi jungle and, therefore, a search was made and they were arrested and they were brought to the police station ..... judge framed the charge against both the accused persons under exh.5 for the offence punishable under section 302 read with section 34 of the indian penal code. ..... resultantly, sambhaji mhetre (pw 11) registered a crime against the appellants vide crime no.182 of 2011 for the offence punishable under section 302 read with section 34 of the indian penal code. ..... to him, the appellants can be punished at the most for the offence punishable under section 304 part-2 of the indian penal code and in any case, therefore, the conviction for the offence punishable under section 302 is bad in law. 13. ..... the appellants suffered conviction for the offence punishable under section 302 read with section 34 of the indian penal code and they are ordered to suffer sentence for life imprisonment and to pay a fine of rs.1,000/- each and, in default, to suffer rigorous ..... after registration of the offence, at 08:20 pm, on the same day, the investigating officer reached to the spot and the spot punchnama was drawn in the presence of ..... he met yograj jambhulkar, the first informant, and then after reaching to the police station along with him, he reduced into writing the oral report of yograj jambhulkar (exh.28) and the offence was registered by him. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... present case, it may be noted here that a large number of criminal cases are pending against the petitioner in which the prosecution has to examine its witnesses to establish the charges against the petitioner though last offence allegedly committed by the petitioner is of the year 2010 the cases arising out of the earlier first information reports are still pending in the courts at nagpur. ..... it is submitted by ms deshpande that the petitioner has committed few more offences in the year 2012 but have not been reported to the police because of fear of the petitioner ..... learned additional public prosecutor ms deshpande has submitted that, according to the impugned order the petitioner had been acquitted of the offences in five cases only and rest of the cases are pending. ..... though the petitioner claims that the last offence alleged to be committed by him is of the year 2010, he does not deny that a large number of criminal cases are pending against him in which witnesses are to be examined ..... is that there was inordinate delay in passing the order from the date of last offence allegedly committed by the petitioner in the year 2010. ..... barapatre has submitted that the last offence allegedly committed by the petitioner, according to the impugned order, itself is of the year 2010 which pertains to gittikhadan police station and was recorded as first information report no.3885 of ..... may be noted here that the petitioner had also been prosecuted for the offence punishable under section mcoc act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... or the object and purpose of the enquiry by the scrutiny committee to satisfy itself or find out whether a caste certificate produced is false, in the sense that it is fraudulent or to hold a person guilty of the offences under section 11 of the said act and/or to punish the claimant either for producing a false caste certificate or for securing an employment on the basis of such certificate. 33. ..... if the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the state or the union or elections to any local body, ..... section 12 of the said act deals with the offences under section 11 of the act to be cognizable and non-bailable, and every offence punishable shall be tried by the magistrate of first class in a summary way and the provisions of section 262, except sub-section (2) to section 265, shall, as far as possible, ..... the said act deals with the offences under the act to be cognizable and ..... under sub-section (2), no court can take cognizance of an offence punishable under sub-section (1), except upon a complaint in writing made by the scrutiny committee or by any other office duly authorized by the scrutiny ..... clause (b) therein states that every offence punishable shall be tried by any magistrate of first class in a summary way and the provisions of section 262, except sub-section (2) of section 265, both inclusive of the criminal procedure code, 1973, shall, as .....
Tag this Judgment!Court : Mumbai Nagpur
..... the appeal challenges the judgment and order passed by the learned additional sessions judge, nagpur in sessions case no.354 of 2011 thereby convicting the appellant for the offence punishable under section 302 of the indian penal code and sentencing him to suffer imprisonment for life and to pay fine of rs.5000/- and in default of payment of fine to suffer rigorous imprisonment for 1 year. 2. ..... on the death of the deceased, the same came to be converted to offence punishable under section 302 of the indian penal code. ..... 48 of 2011 was registered initially for the offence punishable under section 307 of the indian penal code. ..... charge came to be framed for the offence punishable under section 302 of the indian penal code. .....
Tag this Judgment!Court : Mumbai Nagpur
..... according to him, failure to prove the caste claim for want of evidence or for any other reason would not automatically constitute offence under the act of 2000 and in these cases the committee has not recorded any finding about obtaining any false certificate or by fraudulent means nor that the competent authority ..... category (regulation of issuance and verification of) caste certificate act, 2000, whether the police station officer acting under section 154 of the code of criminal procedure can register an offence under section 12 of the act when section 11(2) contemplates filing of a private complaint by scrutiny committee or its authorised officer? ..... certificates were issued the provisions regarding law as to the criminal offences under sections 10(1), 11, 12 or 13 did not exist because the act of 2000 itself came into force with effect from 23-05-2001 and therefore no criminal offences could be alleged either against the applicants or the competent authority ..... other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000, if found to be false or obtained by any other fraudulent means could attract the offence under section 11, or under section 13 of the act which makes issuance of false caste certificate punishable? ? ..... the learned counsel for the applicants then argued that though the offences have been made non-bailable and cognizable, but looking to the language of section 11(2), what is contemplated is a private .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned magistrate, in whose court final report was presented, noticed that the offence is exclusively triable by the court of sessions therefore he passed committal order and committed the case to the court of sessions. ..... on 27th of september, 2010, a charge was framed against the appellants under exh.26 for the offence punishable under section 302 read with section 34 of the indian penal code. ..... he registered the crime vide crime no.238 of 2009 for the offence punishable under section 302 read with section 34 of the indian penal code against one munna and bablu, on the basis of the oral report. ..... by the said judgment, the appellants are convicted for the offence punishable under section 302 read with section 34 of the indian penal code and they were directed to suffer imprisonment for life and also to pay a fine of rs.1000/- by each of them and in default of payment of fine to ..... the appellants are acquitted of the offence punishable under section 302 read with section 34 of the indian penal code. ..... the charge framed for the offence punishable under section 302 read with section 34 of the indian penal code was denied by both the appellants and they claimed that they be tried. ..... rafiq @ bablu also gave a memorandum statement in presence of panchas (exh.99) and agreed to show the place where he had hidden the sword and clothes which were on his person at the time of commission of the offence. 6. .....
Tag this Judgment!Court : Mumbai Nagpur
..... at this stage when the court reached to the conclusion as to finding the respondent-accused guilty of the offence punishable under section 138 of the negotiable instruments act, rival arguments are heard on the point of quantum of punishment to the inflicted, substantive as ..... at length on the earlier date and also today on this criminal appeal preferred by the appellant-original complainant challenging the order of acquittal of the respondent in the matter of offence punishable under section 138 of the negotiable instruments act, 1881 (for short, the act). 2. ..... and order dated 30/4/2009 was passed by the judicial magistrate, first class (special court), nagpur, thereby acquitting the respondent-accused of the offence punishable under section 138 of the act mainly holding that the accused proved that the concerned cheque (exh.23) was not issued by him for any liability, and therefore, the offence punishable under section 138 of the act is not attracted. 3. ..... considering the rival submission and considering the nature of the offence as to bouncing of the cheque, it would be in the fitness of the situation to have a token substantive sentence and fine to the extent of twice the amount of the dishonoured cheque and in the considered opinion of this court ..... the respondent-accused is convicted of the offence punishable under section 138 of the negotiable instruments act and sentenced to imprisonment till rising of the court today and to pay fine twice the amount of dishonoured cheque in .....
Tag this Judgment!Court : Mumbai Nagpur
..... at this stage when the court reached to the conclusion as to finding the respondent-accused guilty of the offence punishable under section 138 of the negotiable instruments act, rival arguments are heard on the point of quantum of punishment to the inflicted, substantive as ..... at length on the earlier date and also today on this criminal appeal preferred by the appellant-original complainant challenging the order of acquittal of the respondent in the matter of offence punishable under section 138 of the negotiable instruments act, 1881 (for short, the act). 2. ..... and order dated 30/4/2009 was passed by the judicial magistrate, first class (special court), nagpur, thereby acquitting the respondent-accused of the offence punishable under section 138 of the act mainly holding that the accused proved that the concerned cheque (exh.23) was not issued by him for any liability, and therefore, the offence punishable under section 138 of the act is not attracted. 3. ..... considering the rival submission and considering the nature of the offence as to bouncing of the cheque, it would be in the fitness of the situation to have a token substantive sentence and fine to the extent of twice the amount of the dishonoured cheque and in the considered opinion of this court ..... the respondent-accused is convicted of the offence punishable under section 138 of the negotiable instruments act and sentenced to imprisonment till rising of the court today and to pay fine twice the amount of dishonoured cheque in .....
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