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Mahesh Choudhary Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2008(2)Raj1259

..... the only question as to whether in a situation of this nature any offence of cheating can be said to have been made out ..... 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 ..... the allegations made 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 ..... . do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the ..... counsel for respondents states that the trial court found prima facie material against the petitioner and took cognizance for the offence under section 420, 467, 468 i.p.c ..... 22, jaipur city, jaipur for the offence under sections 420, 467 and 468 of ..... breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is the time when the offence is said to have been committed ..... a rule of practice, the power being an extraordinary one, it will be exercised in exceptional cases and it will be justified for interference only when the complaint did not disclose a prima facie offence or was frivolous vexatious or oppressive.10 ..... jaipur city, jaipur for the offence under sections 420, 406 i.p.c. .....

Jyoti Prakash Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(2)Raj1241; 2003(1)WLC108; 2002(4)WLN717

..... petitioner is that the petitioner has concealed certain material facts on point that the petitioner was facing trial for the offence under sections 323, 341 and 307 ipc and the learned sessions judge, jodhpur through order dated 1.12.1998 (annex.r/1) though discharged the petitioner of the charge for the offence under section 307 ipc, but directed the learned chief judicial magistrate, jodhpur to proceed with the trial ..... ., the learned sessions judge sent the file to the chief judicial magistrate for proceeding with the trial against the petitioner for the offence under sections 323 and 341 ipc, meaning thereby another criminal case was also pending against the petitioner.11 ..... secondary) education, bikaner (respondent no.2) and that letter is dated 6.6.2000, which is marked as annex.2.the further case of the petitioner is that the information was gathered by the respondents that there was a criminal case for the offence under sections 323, 341 ipc pending against the petitioner in the court of judicial magistrate, jodhpur and the respondent no ..... . 161/98 pending against the petitioner for the offence under section 307, 323, 341 ipc and in that case, the learned sessions judge, jodhpur vide order annex.r/1 dated 1.12.1998 discharged the petitioner of the charge for the offence under section 307307 ipc, but under section 228 cr.p.c .....

KutbuddIn and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1967Raj257

..... model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy, then he shall be punished with imprisonment for a term which may extend to 14 years, if the offence is committed in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of government or in relation to ..... the learned deputy government advocate drew my attention to section 3, sub-section (2) which lays down that on a prosecution for an offence punishable under this section with imprisonment for a term which may extend to 14 years, it shall not be necessary to show that the accused person was guilty of any particular act ..... with the application for bail before it, and it should have considered the matter even if it did not considerit proper at that stage to decide the questionwhether the offence was under section 3 or section5, on the assumption that the case fell undersection 3 of the act'. ..... contentions of the learned counsel for the applicants submitted that if there was a doubt whether an offence under section 3 punishable with 14 years' or for 3 years' imprisonment was committed by the four applicants, for the purposes of granting bail it should be assumed that it is the offence punishable with 14 years' imprisonment which appears to have been committed. .....

Ravi Shankar Srivastava Vs. State of Raj. and ors.

Court : Rajasthan

Reported in : RLW2005(3)Raj1736; 2005(2)WLC612

..... or a state government may, if satisfied that it is necessary or expedient so to do in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted ..... police establishment act 1946, which is reproduced as under:'approval of central government to conduct inquiry or investigation-(1) the delhi special police establishment shall not conduct any inquiry or investigation into any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 1988 except with the previous approval of the central government where such allegation relates to--(a) the employees of the central government of the level of joint ..... . unlawfully attempting to learn contents of messages- if any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message or of committing any offence punishable under this act, he may (in addition to the fine with which he is punishable under section 23) be punished with imprisonment for a term which may extend to one year.25 .....

Ummed Singh Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2003CriLJ3632; RLW2003(4)Raj2290; 2003(3)WLC465

..... hand, if the information given on telephone is not cryptic and on basis of that information, the officer incharge is primafacie satisfied, about the commission of a cognizable offence and he proceeds from the police station after recording such information, to investigate such offence then any statement made by any person in respect of the said offence including about the participants, shall be deemed to be a statement made by a person to the police officer 'in the course of investigation' covered by section 162 of ..... telephonic message is cryptic in nature and the officer incharge proceeds to the place of occurrence on basis of that information to find out the details of the nature of the offence itself, then it cannot be said that the information, which had been received by him on telephone, shall be deemed to be first information report. ..... it is well settled that where the evidence against the accused, particularly when he is charged with a grave offence like murder consists of only circumstances, it must be qualitatively such that on every reasonable hypothesis the conclusion must be that the accused is guilty; not fantastic possibilities nor freak inferences but rational deductions ..... but any telephonic information about commission of a cognizable offence irrespective of the nature and details or such information cannot be treated as first information report ..... 2/95 was registered at police station nawalgarh for the offences under sections 147, 148, 149, 302 and 498a ipc and the .....

Manoj and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1997CriLJ2879

..... where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistration within the purview of section 155 ..... when the legislature entrusts the power to the police officer to prevent organised commission of the offence or offences involving moral turpitude or crimes of grave nature and ate entrusted with power to investigate into the crime in intractable terrains and secretive manner in concert, greater circumspection and care and caution should ..... but police did not register any case despite commission of a cognizable offence and the petitioners further persued the matter with the higher authorities and the ..... police should be allowed to perform its statutory duty and exercise its powers to investigate the commission of cognizable offences disclosed to have been committed by the petitioners in the first information report.10. ..... i am of the view that the allegations stated above prima facie constitute an offence under sections 498a and 406, ipc, which requires investigation and this case is notcovered in any one of the caregories or circumstances mentioned in para 108 ( ..... where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section .....

Bhim Sen Garg Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2006CriLJ3643; RLW2006(3)Raj2411; 2006(4)WLC579

..... proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to, private and personal grudge.where allegations in the complaint did constitute a cognizable offence justifying registration of a case and investigation thereon and did not fall in any of the categories of cases enumerated above, calling for exercise of extraordinary powers or inherent powers, quashing of fir was not justified.53 ..... view of the hon'ble supreme court as held in the case of tt antony, wherein hon'ble supreme court has said that the officer-in-charge of a police station has to investigate not merely the cognizable offence reported in the fir but also other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided in section 173, cr.p.c.48 ..... applied in the facts of the present case where the fir has been lodged against the petitioner on the basis of an alto-ether occurrence and for a different offence and being fir against another set of accused and not against the same set of accused who have been offenders in the fir no. ..... contended that the impugned criminal proceedings initiated against the petitioner are pre mature as the concerned minister has not been exonerated finally as yet and the trial magistrate may invoke offence under sections 366/376, ipc, and may commit the same to court of session and sessions court after recording statement of prosecutrix smt. .....

Gupta Chemicals (P) Ltd. and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2002(5)WLC653

..... analysis to the central laboratory.14. be that as it may, irresistible conclusion is that provisions are enacted in section 24 of the act in order to take immediate step by curtailing procedure to lead evidence in proof for alleged offence under act, so as to consider any document purporting to be a report signed by an insecticide analyst as evidence of the facts stated therein, and further to consider such evidence as conclusive if the accused (from ..... had intended in writing by notice under section 24(3) to adduce evidence in controversion of the analyst report sent by the insecticide inspector under section 24(3), entire criminal proceedings for offence punishable under section 29 cannot be stopped either under section 258 crpc or quashed under section 482 crpc by this court at the stage when only the cognizance has been taken ..... (petiltoners) who as is evident from the impugned order of the learned subordinate magistrate have not at all appeared 'before him in complaint after having taken cognizance of the commission of offence under section 29 of the act despite issue of process and summons against them, inasmuch as if carefully looked at the application under section 258 crpc filed on 3.2.96 (certified xerox copy thereof ..... the chief secretary of the state to take initiatives of all promptitudes in launching prosecution against the offenders for commission of offences in the light of the object with which the act had been enacted so as to avoid such recurrences of .....

Kesri Chand Sethia Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... here, in this case while following the procedure laid down in the rules the petitioner was placed under suspension when prosecution sanction was granted by the competent authority for the alleged offence committed by the petitioner under the prevention of corruption act, therefore, the jurisdiction exercised by the competent authority under rule 13 of the rajasthan civil services (cca) rules, 1958 is not in contravention of any 7 provisions ..... hearing as a matter of right nor he is required to be heard by the sanctioning authority because the competent authority is required to examine the entire investigation to ascertain the fact whether alleged offence is committed by the public servant during discharge of duties or not, therefore, the grounds raised by the petitioner in this writ petition are totally unfounded and deserves to be ignored. ..... where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview ..... that time is that the necessary facts collected during investigation constituting the offence have to be placed before the sanctioning authority and it has to ..... (4) where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as .....

Moti Chand and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001CriLJ1916; 2001(1)WLC524; 2001(1)WLN422

..... thus, it can be said that the learned trial judge was justified in convicting both accused-appellants for the offence under section 376, ipc as prosecution has proved its case beyond reasonable doubt against both accused-appellants by cogent and reliable evidence and, therefore, the findings of the learned ..... the tender years of the child which is the victim of a sexual offence, coupled with other circumstances appearing in the case such, for example, as its demeanour, unlikelihood of tutoring and so forth, may render corroboration unnecessary but that is a question ..... trial, the learned judge, special court, sc/st cases, jodhpur through judgment and order dated 4-3-1999 did not find the case proved against the accused appellants for the offence under sections 307 and 376(2)(f) and 376(2)(g), but found the case proved beyond reasonable doubt against both the accused appellants for the offence under sections 366-a, 376 and 323, i.p.c. ..... and extent of corroboration necessary for such offence the hon'ble supreme court in sheikh ..... and sentenced for the said offences in the manner as stated ..... but, for proving the offence under section 366-a, ipc, the prosecution has to prove that the girl was kidnapped with the intention that she will be forced or seduced to ..... that no case for the offence under section 366a, ipc is made out against the accused appellants, as the prosecutrix pw 10 bhikhi was not kidnapped with the intention that she will be seduced or forced to illicit intercourse by another .....