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State of Orissa Vs. Dhaniram Luhar

Court : Supreme Court of India

Reported in : AIR2004SC1794; 2004CriLJ1385; 2004(3)CTC374; JT2004(2)SC172; 2004(2)SCALE202; (2004)5SCC568

..... the official witnesses had deposed that the respondent-accused had encroached the land inside the aforesaid reserved forest within sunabeda wild life sanctuary and also produced sketch map of the plot under occupation of the accused. ..... , nuapada, holding that the respondent dhaniram luhar (hereinafter referred to as 'the accused') was not guilty of offences punishable under section 27(1)(a) of the orissa forest act, 1972 (in short 'the act').3. ..... stand of the prosecution was that the respondent-accused had encroached about 5 acres of land for the purpose of cultivation in the patidanger reserved forest. .....

Kaushik Chaterjee Vs. State of Haryana

Court : Supreme Court of India

..... after making such a distinction between two different types of jurisdictional issues, this court concluded in that case, that where a magistrate has the power to try a particular offence, but the controversy relates solely to his territorial jurisdiction, the case would normally be covered by the saving clause under section 531 of the code of 1898 (present section 462 of the ..... whether a conviction and punishment handed over by a magistrate of first class for an offence under the uttar pradesh private forest act, 1948 were void, in the light of section 15(2) of the special act. ..... by this court in raj kumari vijh (supra) that the question of jurisdiction with respect to the power of the court to try particular kinds of offences goes to the root of the matter and that any transgression of the same would make the entire trial void. ..... high court, in case where 2 or more courts have taken cognizance of the same offence and a question as to which of them should inquire into or try the offence has arisen, to decide the district where the inquiry or trial shall take place. ..... in sections 177 to 184 of the code (contained in chapter xiii) regarding the jurisdiction of criminal courts in inquiries and trials can be summarized in simple terms as follows: (1) every offence should ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. ..... section 15(2) of uttar pradesh private forest act made the offences under the act triable only by a magistrate of second .....

M. Balakrishna Reddy Vs. Director, Cbi, New Delhi

Court : Supreme Court of India

Reported in : AIR2008SC1754; 2008(56)BLJR1575; JT2008(4)SC162; 2008(4)SCALE617; (2008)4SCC409

..... report (fir) in the high court by invoking section 482 of the code of criminal procedure, 1973 inter alia contending that the consent given by the state government under section 6 of the delhi act for investigation of offences by delhi special police establishment and for operation of the delhi act to the state was withdrawn by the state and cbi had no power to initiate criminal proceedings. ..... it was also submitted that the high court was wholly wrong in upholding the contention of cbi that it could have initiated prosecution since the alleged offence had been committed in conduct of upsc examination which had been conducted by its delhi office which is the head quarter of upsc and, hence, the delhi act was applicable. ..... a preliminary inquiry was instituted and on being prima facie satisfied about the allegations levelled, the secretary, upsc, lodged a criminal case against the appellant for offences punishable under sections 420, 471, 474, 467, 468 and 417 read with section 511 of the indian penal code, 1860 ('ipc' for short). ..... the high court was again wrong in holding that since the appellant was selected in indian forest services examination conducted by upsc and he was in indian forest services since 1993 and was an officer of central government, the delhi act would apply for cognizance of offences committed by him as a central government employee and cbi had power to prosecute him. .....

Somon Vs. State of Kerala

Court : Supreme Court of India

Reported in : 2008(6)LHSC4430

..... of other evidence including the evidence of injured witnesses as also referring to the evidence of (`hostile') witnesses coupled with the evidence of pw 3 rahmathulla rawther, forest guard, who was an independent witness, the trial court recorded a finding that the incident in question did take place in which balan was killed. ..... the order of conviction is concerned, apart from the fact that at the time of issuance of notice on special leave petition, this court had expressly observed that it was limited to `the nature of offence', even on the basis of evidence and material on record, we are satisfied that both the courts were right in holding that accused no. ..... ) is concerned, it held that conviction recorded by the trial court against him for an offence punishable under section 302, ipc was well-founded and was accordingly confirmed.7. ..... the appellant absconded and his companion was in the meantime convicted of an offence under section 302 and a sentence of transportation for life was imposed on him, which was confirmed by ..... the forest out post in maniyar nalumakku and committed an offence of ..... the above facts, in our opinion, ends of justice would be met if we convert conviction of the appellant herein from an offence punishable under section 302, ipc to an offence punishable under section 304 part i, ipc.24. ..... and 6 shared common intention to commit murder of deceased balan and hence they were liable to be convicted for an offence punishable under section 302 read with section 34, ipc. .....

Atul Thakur Vs. State of Himachal Pradesh

Court : Supreme Court of India

..... the judgment and order dated 1st april, 2016 passed by the high court of himachal pradesh, shimla in criminal appeal nos.75 & 227 of 2015, modifying the order of conviction and sentence passed by the sessions judge (forests), shimla, dated 31st december, 2014 in sessions trial no.39-s/7 of 2012 thereby convicting the appellant under section 302 of the indian penal code (ipc) and sentencing him to imprisonment for life along with fine. 2 2. ..... the trial court after analysing the evidence acquitted the other three accused but found the appellant guilty of the offence punishable under section 304, part-ii and sentenced him to rigorous imprisonment for five years and to pay fine of rs.10,000/-, in default to undergo further imprisonment for one year vide judgment dated 31st december, 2014.4. ..... as aforesaid, the high court overturned this finding of the trial court on the question of nature of offence, by mainly observing that the appellant had caused repeated blows with a weapon like knife, causing six serious injuries to hitesh thakur to which he succumbed. ..... the high court overturned the finding recorded by the trial court regarding the nature of offence, principally on the ground that the appellant gave repeated knife blows to hitesh thakur and hitesh thakur could not defend himself as he was unarmed. ..... shorn of details, the appellant along with three others were tried for offence punishable under sections 302, 201 read with section 34 of ipc by the sessions judge (forests), shimla. .....

Vijay Rajmohan Vs. State Represented By The Inspector Of Police

Court : Supreme Court of India

..... (2) no court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the government of union territory of jammu and kashmir ..... this protection is only to ensure that a public servant 18 for example, section 74 of indian forest act, 1927 or section 88 of the food safety and standards act, 2006 provide as under: - section 74 ..... the preamble to the cvc act states that the commission is constituted to inquire or cause inquiries to be conducted into offences alleged to have been committed under the prevention of corruption act, 1988. ..... cvc shall inquire on a reference made to it by the central government (dopt) about an alleged offence committed by a public servant under the pc act [section 8(1)(c), cvc act].. ..... cvc shall review the progress of the investigation by the cbi for offences under the pc act [section 8(1)(e), cvc act].. ..... cvc shall also inquire into any complaint against a public servant alleged to have committed an offence under the pc act [section 8(1)(d), cvc act].. ..... cvc shall exercise superintendence over cbi in relation to the investigation of offences under the pc act [section 8(1)(a), cvc act.].. ..... (1) no court shall take cognizance of an offence punishable under sections 7, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction [save as otherwise provided in the lokpal and lokayuktas act, 2013 .....

Assistant Wild Life Warden Vs. K.k.moideen

Court : Supreme Court of India

..... it was found during enquiry that the rosewood logs were cut from the forest of shrimangala, ponnampet area in karnataka and lorry was coming from kutta (karnataka) side. ..... at the time of crossing inter-state border in karnataka, the 2 the kerala forest act, 1961 (hereinafter the act ) page 3 of 6 civil appeal no.4367 of 2012 lorry was shown to be loaded with bananas and rice husk bags. ..... in the order dated 27.06.2005 passed by the wildlife warden, it was recorded that the rosewood logs were government property and the vehicle was being used in commission of offence of illicit transport of forest produce. ..... briefly the facts available on record are, that the officers of the forest department stopped a lorry bearing registration no.kl11e4995on 08.08.2004. .....

State of Maharashtra Vs. Mahipati Krishna Ingavale Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1977SC1200; 1977CriLJ968; (1977)4SCC598C

..... the high court held that since the offences were under a central act and the investigation or enquiry was conducted only by forest officers under the provisions of the act the central government alone was competent to prefer the appeals under section 377(2), cr.p.c. ..... the state preferred appeals against the inadequate sentence awarded by the trial court in each of the three cases tried for offences under section 33(1)(c), (f) and (h) of the indian forest act. .....

State of Punjab Vs. Davinder Pal Singh Bhullar and ors.

Court : Supreme Court of India

Reported in : 2012(1)KLT10; AIR2012SCW207; AIR2012SC364; 2012CriLJ1001

..... can transfer the matter to the cbi or any other special agency only when it is satisfied that the accused is a very powerful and influential person or the state authorities like high police officials are involved in the offence and the investigation has not been proceeded with in proper direction or the investigation had been conducted in a biased manner ..... . to stay the operation of an order of confiscation under section 44(iia) of the andhra pradesh forest act as it is distinct from a trial before a court for the commission of an offence. 37 ..... . he was tried for the said offence, convicted in the year 2001 and given the death sentence ..... . the court cannot direct cbi to investigate as to whether a person committed an offence as alleged or not ..... . in divisional forest officer & anr. v. g.v ..... pinochet ugarte (no.2) 1999 all er, 577, in which the house of lords on 25.11.1998, restored warrant of arrest of senator pinochet who was the head of the state of chile and was to stand trial in spain for some alleged offences. .....

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

..... . of the various duties mentioned in section 23, the more important duties are to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public nuisances and to detect and bring offenders to justice and to apprehend all persons whom the police officer is legally authorised to apprehend ..... . the learned judges held that an excise officer invested with the powers of an officer in charge of a police station for investigation of offences under section 20a of the opium act was a 'police officer' coming within the purview of section 25 of the evidence act ..... . 291 : 'it is true that the petitioners were dealt with by the collector of central excise and land customs, for the 'offence' of smuggling; were found 'guilty', and a deterrent 'punishment' was imposed upon them, but as he had not been vested with the powers of a magistrate or a criminal court, his proceedings against the petitioners were in the nature of ..... . ' section 5(2) of the code of criminal procedure also contemplates investigation of, or inquiry into, offences under other enactments regulating the manner or place of investigation, that is, if an act creates an offence and regulates the manner and place of investigation or inquiry in regard to the said offence, the procedure prescribed by the code of criminal procedure will give place to that provided in that act ..... . various acts dealing with customs, excise, prohibition, forest, taxes etc .....