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Ravindra Pyarelal Bidlan and Others Vs. State of Maharashtra

Court : Mumbai

Reported in : 1993CriLJ3019; 1993(1)MhLj658

..... the question which arises for consideration is, whether the evidence is trust for consideration is, whether the evidence is trustworthy and worthy and worthy of belief in offences, as in the allegations are very easily made and once made it is very difficult to dislodge them. ..... information in regard to the commissioner of the present cognizable offence was received at the police station on the 21st january, 1986 and steps in aid of investigation were taken on the 21st january, 1986 itself ..... on the 24th january, 1986 statements of thandiram was recorded and it is only thereafter that the present offences was registered against the accused. ..... the according of these statements of no offence statements cannot be reasonably ruled out. ..... this is to be viewed in conjunction with the fact that till the recording of this statement, no offence was registered against the accused. ..... same can be attributed to a desire to bring home an offence against the accused. ..... , for three full days, after the incident, no material was forthcoming to justify the registration of an offence against the accused. 12. ..... salvi has registered an offence on the strength of that ..... my view, it will be reasonable to infer that he had not come in possession of sufficient material to make out an offence against the accused. ..... did not register any offence against the accused. ..... evidence lacks the necessary assurance which is required in a criminal trial to bring home the guilt especially in respect of offences of the present nature. .....

Garda Chemicals Pvt. Ltd. and Three Others Vs. Shri R. Parthasarthy, A ...

Court : Mumbai

Reported in : 1984(2)ECC384; 1984(15)ELT18(Bom); [1984]147ITR412a(Bom)

..... the statement of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ..... the test is that taking the allegations in the complaint as they are, without adding or subtracting anything, if no offence is made out then the high court will be justified in quashing the proceedings in exercise of its powers under section 482 ..... the averments in the plaint found that the facts mentioned therein did not constitute any offence against the petitioners before them and, therefore, they quashed the criminal proceeding against these ..... 1 to 4 and the second respondent in the court of the judicial magistrate, first class, kalyan for the offence under section 9(b), (bb), (bbb) and (c) of the central excises and salt act, 1944 on the allegations ..... that the allegations made in the complaint prima facie do not disclose any offence against him and the learned judicial magistrate was wrong in issuing process against ..... contravention of the provisions of the central excise rules, without payment of the central excise duty removed the goods and thereby committed an offence punishable under section 9(b), (bb), (bbb) and (c) of the central excises and salt act, 1944.3. .....

Shriram and anr. Vs. Thakurdas and anr.

Court : Mumbai

Reported in : 1978CriLJ715; 1977MhLJ581

..... the complaint filed by the complainant even if accepted to be true, would not constitute any offence, shri ghare for the complainant urged that the question as to whether the accused have committed offences or not will have to be gone into by the magistrate after recording the evidence and that it would be premature to decide upon that aspect without there being any evidence on record ..... the contention of the complainant is that both the accused have committed offences under sections 38o and 425 of the ipc for constituting an offence of theft, there must be an intention to take dishonestly some moveable property from the possession of another ..... 1 in this application (hereinafter referred to as the 'complainant'), has filed the criminal case in question against the two accused alleging that offences under sections 380, 425 and 441 as also under section 109 of the i p. c. ..... that section lays down that nothing is an offence which is done by a person, in good faith believes himself to be bound by law to do ..... where the allegations in the first information report or the complaint, even if they are taken at their face value and accepted in the entirety, do not constitute the offence alleged; in such cases no question of appreciating evidence arises; it is a matter merely of looking at the complaint or the first information report to decide whether the offence alleged is disclosed or not,(iii)...7. mr. ..... same is the position if the ingredients of the offence of 'mischief are taken into account. .....

Arif Yusuf Sab Deshmukh and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1997BomCR(Cri)868

..... , it was held by the supreme court that every person, who is a member of an unlawful assembly, should be guilty of the offence committed by any person although he had no intention to commit that offence and had done no overt act except his presence in the assembly and sharing the common object of that assembly.18. ..... reported in : air1971mad194 was pleased to hold that the probative force, both of preparation for commission of offence and of previous attempts in that direction, manifestly rests on the presumption that an intention to commit the offence was framed in the mind of the accused which persisted until power and opportunity were found to carry ..... this will have to be deprecated, but the age of the accused, as was at the time of commission of the offence i.e 25 and 22 years and the fact that the offence has taken place about eight years back and the accused are in jail since last more than three years and the other factors,, pursuade us to hold that seven ..... machinery has shown lethargy in not immediately taking down the information about the cognizable offence by contacting some person, who was the eye witness to the incident. ..... 1) but the last sentence of the first paragraph giving the date of offence, goes to show that the report is consolidated one for the happenings ..... 2, 3, 4, 5, 6, 8, 9 and 10 is specifically claimed by the eye witnesses at the scene of offence with particular weapon in their hands, then all these accused persons, referred to above, are liable for punishment .....

PravIn Kumar Vs. the State

Court : Mumbai

Reported in : 2005CriLJ2714

..... other metropolitan area notified as such under sub-section (1) of section 8 of the code of criminal procedure, 1973 (2 of 1974), of an assistant commissioner of police; (c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank shall investigate any offence punishable under this act without the order of a metropolitan magistrate or the magistrate of the first class as the case may be or make any arrest therefor without a warrant :provided that if a police officer not below the ..... lok sabha was dissolved and ultimately the central vigilance commission act, 2003 came to be passed having its object (sic) the constitution of a central vigilance commission to inquire or cause inquiry to be conducted into the offences alleged to have been committed under the prevention of corruption act, 1988 by certain categories of public servants of the central government, corporations, establishment by or under any central act, government companies, societies and local authorities ..... commission to inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to such category of officials specified in sub-section (2) wherein it is alleged that he has committed an offence under the prevention of corruption act, 1988 and an offence with which a public servant specified in sub-section (2) may, under the code of criminal procedure, 1973 be charged at the same trial.section 11 of the act provides that the commission shall, while .....

Ashok S/O. Deoraoji Dhande Vs. State of Maharashtra, Through Police St ...

Court : Mumbai

Reported in : (2005)107BOMLR1543

..... sub-section (1) of section 8 of the code of criminal procedure, 1973 (2 of 1974), of an assistant commissioner of police;(c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank;shall investigate any offence punishable under this act without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant:provided that if a police officer not below the rank ..... of an inspector of police is authorised by the state government in this behalf by general or special order, he may also investigate any such offence without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make arrest therefor without a warrant:provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank ..... 500/- in default to undergo simple imprisonment for two months and he was also convicted for the offence under section 13(i)(d) punishable under section 13(2) of the prevention of corruption act, 1988 and was sentenced to under go rigorous imprisonment for ..... of the prevention of corruption act, 1988 (xlix of 1988), the government of maharashtra hereby authorises all the inspectors of police in the anti-corruption bureau, maharashtra state, to investigate any offence punishable under the said act and to make arrest therefor without arrest warrant. .....

Nasibkha and Others Vs. the State of Maharashtra and Others

Court : Mumbai Aurangabad

..... of 2012 is filed by accused no.1 nasibkha and accused no.2 asifkha, since they are aggrieved by finding of guilt recorded against them by the learned trial court that they are responsible for committing an offence punishable under section 304 part ii r/w 34 of the indian penal code and the direction to suffer rigorous imprisonment for ten years and to pay fine of rs.5,000/- each and in default to suffer ..... (iii) the order of conviction and sentence convicting accused no.1 nasibkha s/o shabbirkha and accused no.2 asifkha s/o shabbirkha for the offence punishable under section 304 part ii r/w 34 of the indian penal code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of rs.5,000/-, in default to suffer simple ..... however, the learned trial court convicted accused no.1 nasibkha and accused no.2 asifkha for the offence punishable under section 304 part ii r/w 34 of the indian penal code and directed that they should suffer rigorous imprisonment for ten years and to pay fine amount as indicated in the preceding ..... hoc additional sessions judge, jalna framed charge against all four accused persons vide exh.21 for the offences punishable under sections 302, 323, 504, 506 r/w 34 of the indian penal code. ..... he feels aggrieved by conviction of accused no.1 nasibkha and accused no.2 asifkha for the offence punishable under section 304 part ii of the indian penal code only, and also by the order of acquittal recorded by the learned trial court in respect of accused .....

Sunil and Others Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... 1 to 5 before the additional sessions judge, gangakhed, the said court framed charge against them for the offence punishable under sections 302, 498-a, 323, 504 and 506 read with 34 of i.p. ..... the conviction and sentence of the appellants is hereby quashed and set aside and the appellants are acquitted of the offences with which they were charged and convicted. ..... 2, 4 and 5 are also convicted for the offence punishable under section 302 read with 34 of i.p. ..... trial court, after recording the evidence and hearing the parties, convicted the appellants for the offence punishable under section 498-a read with 34 of i.p. ..... 97/2008 for the above said alleged offences has been registered at police station palam on 9th november, 2008 and api kundankumar waghmare conducted further ..... the course of treatment, the complainant kanopatra died accordingly the offence punishable under section 302 of the i.p. ..... mlc issued by adhar hospital, nanded and the statement of deceased kanopatra recorded by psi phule, were sent to police station, palam, as alleged offences took place within its jurisdiction. ..... 0/2008 was registered, for the offences punishable under sections 498-a, 307, 323, 504 and 506 of ..... appeal is filed by the appellants-original accused, who are convicted for the offence punishable under sections 498a r/w 34, 302 r/w 34 of i.p. ..... code was converted to the offence punishable under section 302 of ..... no.40 at 15.30 hours and offence was registered under sections 498a, 307, 323, 504, 506, 34 of the .....

Jhina Soma Vs. Emperor

Court : Mumbai

Reported in : AIR1939Bom457; (1939)41BOMLR965

..... at malvan did commit murder by intentionally causing the death of ranchhod bhula of vasan, and that the second and third accused abetted the commission of the said offence of murder by the first accused, and thereby committed an offence under section 302 of the indian penal code so far as the first accused was concerned, and under sections 302 and 114 of the indian penal code so far as the second ..... under s, 297 of the criminal procedure code it is the duty of the judge to explain to the jury all the essential elements of the offences charged against the accused and to give directions on the law so as to make the law clear in relation to the facts of the case ..... the jury unanimously came to the conclusion that the accused were not guilty of the offences with which they were charged, and the learned judge agreeing with the verdict of the jury act quitted and discharged the accused ..... the facts leading up to the alleged offence are that on the day in question (may 5, 1938) there was a marriage procession proceeding from the village of vasan towards malvan at about lamplight vasan is in the chikhli taluka, while malvan is ..... and it cannot be too emphatically stated that in cases tried with the help of a jury it is the clear duty of the judge to explain what in law are the essential requisites of an offence and what must be proved to constitute that offence. ..... of the crown that there was a misdirection in so far as the learned judge did not expound the law relating to the offences to the jury. .....

Gurukripa Traders Vs. Kailas Ramnarayan and anr.

Court : Mumbai

Reported in : 2009(4)BomCR649; 2009(111)BomLR2728

..... to note that if the legislature intended to provide that an ad-valorem court fees are payable on compensation amount or fine amount in an appeal against the order of conviction for the offence under section 138 of the said act, the legislature would have amended sub-section 1 and sub-section 2 of section 43 providing for refund of the court fees on memorandum of such ..... court fees act, there is no provision requiring an appellant who has preferred an appeal against an order of conviction for the offence under section 138 of the said act to pay ad-valorem court fees on the compensation/fine made payable under the order of ..... if the legislature intended that the court fees shall be payable on memorandum of appeal for challenging an order of conviction passed for the offence under section 138 of the said act, the legislature would have certainly amended the provisions of the court fees act when amendment was carried out by incorporating article-18 of ..... was arraigned as an accused in a complaint filed by the first respondent alleging commission of offence under section 138 of the negotiable instruments act, 1881 (hereinafter referred to as 'the ..... granted in such appeal is of setting aside the conviction for an offence which relief can never be valued in terms of money. ..... ' an appeal against an order of conviction for the offence under section 138 of the said act by no stretch of imagination can be said to be an appeal to obtain substantive relief capable of being valued in terms of monetary .....