Court : Rajasthan
Reported in : 1987CriLJ931
..... to be of the accused-petitioner, the other accused got recovered some property which is railway property and the accused ganesh chandra is suspected of having committed the offence under section 3 of the act; rather there is sufficient evidence or reasonable ground of suspicion against him (other accused) so far as the offence under section 3 of the act is concerned, but from the material on record, for the present, it cannot be said that there is sufficient evidence or reasonable ground ..... under section 8 of that act, when any person is arrested by an officer of the force for an offence punishable under the act or is forwarded to him under section 7, he shall proceed to inquire into the charge against such person. ..... the same could not be available as a result of the strike of the employees, it is contended by the learned counsel for the petitioner that the learned sessions judge has dismissed the application on the ground that the offence under section 3 of the railway property (unlawful possession) act, 1966 (for short, the act) is a bailable offence, and to such offence provisions of section 438, cr. p.c. ..... to the trial of the case under the act, the provisions of the code of criminal procedure are applicable and in the schedule to that code, if an offence against other laws other than the penal code, is punishable with imprisonment for three years and upwards but not more than seven years, then the offence is not bailable and cognizable. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj266; 1969CriLJ1268
..... person is accused of the commission of any oifence by reason of anything which, has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ..... renu chatterjee, learned counsel for the petitioner, has urged that on the complainant's own showing, even the offence of criminal misappropriation or criminal breach of trust alleged against rakesh kumar took place at jaipur and not at bikaner, because, according to the complainant himself, although the transistor was received by accused ..... which deals with the jurisdiction of the criminal courts in inquiries and trials and the venue of inquiry and trial, begins with section 177 which lays down that every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed. ..... kumar who is alleged to have committed criminal misappropriation in respect of the transistor and petitioner vinod kumar who is alleged to have committed the offence of receiving stolen property knowing that it was stolen property within the meaning of section 411, i.p.c. ..... it lays down that when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj2693
..... cases cited by learned counsel for the petitioners, has held as under:one of the many categories of cases where inherent power can and should be exercised to quash the proceedings is where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. ..... madhya pradesh's case (supra) is concerned, the hon'ble supreme court has held that when allegation made in complaint do not prima face disclose commission of offence, it can be quashed but in the present case, the ingredients of offence under section 447 and 427 is clearly made out from the fir itself. ..... 'ble supreme court has further held in para 9 of the aforesaid judgment as under:when an information is lodged at the police station and an offence is registered, then the mala fides of the information would be of secondary importance. ..... as this case is concerned, it is clear from the case-diary that the ingredients of cognizable offence is prima facie made out against the petitioners. ..... uncontroverted allegations 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. ..... commenting on the merits of this case, at this stage, looking to all the facts and circumstances of the case, since the allegations made in the complaint prima facie satisfy the essential ingredients of the alleged offences, 1 find no ground to quash the impugned fir.19. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj267; 1964CriLJ730
..... be exercised, one of such cases being where the allegations in the first information report or the complaint, even if they are taken at their face value and accepted in their 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 ..... counsel for the complainant has frankly conceded that on the above facts offence under section 420 of the indian penal code will not be made ..... in these circumstances when the complaint does not disclose any offence, the proceedings pending against the accused cannot be allowed to continue and are ..... however, urges that the fact mentioned in the complaint do disclose an offence of criminal breach of trust punishable under section 406 of the indian penal ..... light the question is whether the facts alleged in the complaint constitute an offence under section 405 of the indian penal code. ..... of any allegation of misappropriation or conversion of the truck by the petitioner offence under section 406, i. p. c. ..... it cannot possibly be a criminal offence to withhold payment in the circumstances' (see main ..... for an offence of criminal breach of trust besides showing that the property was entrusted to the accused it is further necessary to show that he had dishonestly misappropriated or converted it to ..... to be seen in the light of these observations whether the allegations made in the complaint constitute any offence or not. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1999)DMC212; 1998(2)WLC612
..... section 406, ipc had been completed soon after the service of the notice demanding the return of goods mentioned in the first information report and since the offence had been committed at that point of time, subsequent compromise effected on 9th july, 1990 could not take away the criminality of the act and the learned munsif and judicial magistrate was of ..... for the reasons mentioned above, it must be said that learned munsif and judicial magistrate, karanpur was not justified in taking cognizance of the alleged offence under section 406, ipc and the initiation of proceedings against the petitioner by him are not justified nor their continuance would be in the interest ..... 2 that she had received the property mentioned in the first information report, the investigating officer was justified in coming to the conclusion that no offence under section 406, ipc had been committed and if the learned munsif and judicial magistrate would have properly interpreted the provisions of section 405, ipc, he would have come to the ..... the learned munsif and judicial magistrate was, therefore, not justified in coming to the conclusion that the offence of criminal breach of trust under section 405, ipc was committed on a date which was five days prior to 20th ..... challenged the order dated 1st october, 1991 by which the learned munsif and judicial magistrate, karanpur took cognizance of the offence under section 406, ipc on the basis of the final report submitted by the police in connection with fir no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2012CrLJ3330
..... through the oral and documentary evidence, vide judgment dated 19.04.2006, the learned judge convicted both the appellants and sentenced them to life imprisonment for offences under sections 302 /34 ipc, imposed them with a fine of rs.2,000/- and further directed them to undergo six months of simple imprisonment in ..... question is found in the positive, but the case comes within any of the exceptions enumerated in section 300, the offence would still be 'culpable homicide not amounting to murder' punishable under the first part of section 304, penal code. ..... from the above conspectus, it emerges that whenever a court is confronted with the question whether the offence is 'murder' or 'culpable homicide not amounting to murder' on the facts of a case, it will be convenient for it to approach the ..... no such knowledge about the disease or special frailty of the victim, nor an intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death, the offence will not be murder, even if the injury which caused the death, was intentionally given. 16. ..... reasons stated above, this court reduces the conviction from offence under section 302 to 304 part-ii read with section ..... this written report, the police registered a formal fir, fir no.59/2005, for offences under sections 302, 201/34 ipc and initiated the investigation. ..... fixing punishment, proportionate to the gravity of this generic offence, the code practically recognises three degress of culpable homicide. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj220; 1961CriLJ556
..... and shall forward the same to a magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such magistrate or if the alleged offence is non-bailable may, if it thinks necessary so to do, send the accused in custody to such magistrate, and may bind over any person to appear and give evidence before ..... judicial proceeding, and that for the eradication of theevils of perjury and fabrication of false evidence and in the interests of justice, it is expedient that such witness should be prosecuted for the offence which appears to have been committed by him, the court shall at the time of the delivery of the judgment or final order disposing of such proceeding, record a finding to that effect ..... of section 195, sub-section (3) in any case in which such former court has neither made a complaint under section 476 in respect of such offence nor rejected an application for the making of such complaint, and, where the superior court makes such complaint, the provisions of section 476 shall apply accordingly, 476b. ..... any civil, revenue or criminal court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, subsection (1), clause (b) or clause (c), which appearsto have been committed in or in relation to a proceeding in that court, such court may after such preliminary inquiry, if any, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj168; 1960CriLJ995
..... by giving information to the police of a cognizable offence having been completed before a criminal complaint making the same allegations was filed in court it could not be said that the offence was committed in relation to a proceeding in court and therefore a complaint by the court under section 195(1)(b) was not necessary. ..... the object of the section is to prevent improper or reckless prosecution for offences in connection with the administration of public justice. ..... as a general rule any person having knowledge of the commission of an offence may set the law in motion by a complaint. ..... emperor, air 192s all 765 in which the facts were similar it was held that the offence committed under section 211 i. p. c. ..... against bhanwar lal as well as ram lal.the petitioners raised an objection before the first class magistrate banner to the effect that he could not take cognizance of an offence under section 211 i. p. c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN130
..... this criminal special leave to appeal is directed against the judgment dated march 31,1990, passed by the learned munsif and judicial magistrate, first class, senchore, by which the learned magistrate acqitted accused karsan of the offence under section 4 of the dowry prohibition act.2. ..... accused karsan was tried by the learned munsif and judicial magistrate, first class, sanchore, for the offence under section 4 of the dowry prohibition act. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)213
..... quashing of the first information report in the circumstances mentioned here in below which are not exhaustive but illustrative:(i) when the first information report, even if accepted as true, discloses no reasonable suspicion of a cognizable offence; as there is a complete legal bar for taking cognizance in the manner presented;(ii) when the materials subsequently collected in the course of an investigation further disclose no such cognizable ..... it has been held that the high court would not normally interfere with an investigation into the case and will permit investigation into the offence alleged to be completed, if how ever, the material does not disclose an offence, no investigation should normally be permitted and in that case the high court can quash the investigation. ..... her child after five years of the marriage the goods which were taken at the time of marriage in dowry were also not retained and, therefore, a criminal case was instituted for offence under section 406 ipc besides the other proceedings under section 125 cr.p.c. ..... when their lordships held that it can be quashed at the preliminary stage, their lordships were considering the case after the summons had been issued against the appellants in that case for offence under sections 406, 467 read with section 34 and 120b, ipc. ..... some allegations made against the petitioner in the fir constituted certain offences and their lordships held that there was no legal bar to the institution of proceedings commenced on the fir .....
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