Court : Mumbai Nagpur
..... the main grievance of the petitioners is that the learned trial magistrate without following the order passed by this court in writ petition no.138 of 2011 had issued process against the petitioners for the offence punishable under section 138 read with section 141 of the negotiable instruments act. 3. ..... statement of the complainants/ respondents on oath was recorded for verification of the correctness of the complaint and a process was issued against the applicants to answer the charge for the offence punishable under section 138 of the negotiable instruments act on 16th december, 2010. ..... no doubt, the learned trial magistrate has a very little scope for detail inquiry in the complaint for the offence punishable under section 138 of the negotiable instruments act. ..... after recording of the said statement a fresh process was issued on 16th january, 2012 against all the petitioners to answer the charge for the offence punishable under section 138 of the negotiable instruments act. 5. ..... respondent nos.1 and 2 had filed complaint bearing no.16047 of 2010 in the court of judicial magistrate first class, nagpur against the petitioners for the offence punishable under section 138 of the negotiable instruments act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... accordingly, first information report dated 21/8/2011 registered vide crime no.114/2011 by koradi police station for the offence punishable under section 498-a read with section 34 of indian penal code is quashed. 6. ..... by this application under section 482 of code of criminal procedure, the applicants seek quashing of the first information report dated 21/8/2011 in crime no.114/2011 registered at koradi police station for the offence punishable under section 498-a read with section 34 of indian penal code. 4. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the applicant meena mohammad mustaq ansari was convicted by the learned judicial magistrate first class, corporation court no.2, nagpur in regular criminal case no.1936 of 2009 for the offence punishable under section 380 of the indian penal code and was sentenced to suffer simple imprisonment for a period of six months and to pay a fine of rupees two thousand in default to suffer simple imprisonment for one ..... there are no antecedents and no repetition of the offence. 8. ..... this is her first ever offence. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the first information report was filed by the applicant against non-applicant no.1 for the offences punishable under sections 3(1)(x) and 3(2) (vii) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. ..... (i) the alleged offence was committed on 19th april, 2011 and complaint was made on the same day; (ii) first information report was registered on 26th may, 2011. ..... however, the offence was registered on 26th may, 2011. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it appears from the impugned order that the cognizance of the offence punishable under section 63 of the indian forest act was taken by the predecessor of the learned magistrate who has passed the impugned ..... there is discharge of the petitioners from the offence punishable under section 63 of the indian forest act, the chargesheet filed by the forest department will be beyond limitation period. ..... discharge under section 245(2) of the criminal procedure code, or any other provisions of the criminal procedure code and they are also at liberty to raise the issue of limitation in view of the fact that the offence punishable under section 33 of the indian forest act attracts only one year punishment. ..... if the respondent/forest department are unable to show that there was material for the offence punishable under section 63 of the indian forest act, the petitioners will be entitled for discharge under section 245(2) of the criminal ..... the substantive punishment for the offence punishable under section 63 of the indian forest act is three years. ..... stage, it may be noted here that the substantive punishment for the offence punishable under section 33 of the indian forest act is one year. ..... have been charge-sheeted by the forest department of amgaon range for the offences punishable under sections 33 and 63 of the indian forest act. ..... magistrate has not taken into consideration as to whether the material before him made out a case for the offence punishable under section 63 of the indian forest act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by this application under section 482 of the criminal procedure code, the applicants against whom the first information report has been lodged by the non-applicant no.2 for the offence punishable under section 498-a 506 of the indian penal code and u/s 3 and 4 of dowry prohibition act, seek quashing of the first information report on the ground that the parties have settled the dispute amongst ..... state of punjab and another reported in 2012 (9) 257 scale and, therefore, in our considered view, this is a fit case in which the first information report lodged by the respondent no.2 against the applicants for the offences punishable under section 498-a and 506 of the indian penal code and under section 3 and 4 of dowry prohibition act, deserves to be quashed and as such is hereby quashed. 5. .....
Tag this Judgment!Court : Mumbai Nagpur
..... shriagnihotri, the learned counsel for the respondent nos.1 and 2, submitted that the petitioner was involved in the offence punishable under sections 302 and 506b of the penal code as the petitioner had shot the driver of the respondent no.2 on the construction site and no relief can be granted in favour of an offender ..... hence, the submission made on behalf of the respondent nos.1 and 2 that relief must be denied to the petitioner only because the petitioner has been accused of an offence punishable under sections 302 and 506b of the penal code is liable to be rejected. ..... it was admitted by the respondent nos.1 to 3 that the petitioner was arrested in connection with the offence punishable under sections 302 and 506b of the indian penal code. ..... it was stated that though the petitioner wanted to file the miscellaneous civil appeal within the prescribed period of limitation, the petitioner could not do so as he was arrested for the offence punishable under sections 302 and 506b of the penal code on 07/12/2011. ..... on 09/01/2012 the petitioner attended the court in connection with the offence registered against him and gave instructions to his counsel for filing the miscellaneous civil appeal ..... merely because a person is accused or convicted of an offence, he cannot be deprived or denuded of his civil rights ..... cannot be said as submitted on behalf of the respondent nos.1 and 2 that the delay should not be condoned only because the petitioner is involved in the commission of a serious offence. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the alleged offence had taken place within the territorial jurisdiction of nagpur court. .....
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
..... under sections 302 and 201 of the indian penal code, and sentencing him to imprisonment for life and to pay a fine of rs.10,000/-, in default, to undergo further rigorous imprisonment for six months for the first offence, and rigorous imprisonment for two years and to pay a fine of rs.5,000/-, in default, to undergo rigorous imprisonment for three months, for the latter offence, the appellant has preferred the present appeal before this court. ..... the police patil then went to salekasa police station and lodged the report, which registered offences under sections 302 and 201 of the indian penal code. ..... the trial court convicted the appellant for the offence of murder and for causing disappearance of the evidence relying on the circumstantial evidence, since there is no direct evidence. ..... 91 of 2010, convicting the appellant for the offences punishable under sections 302 and 201 of the indian penal code is set aside. ..... any circumstances which would prove that the appellant and the appellant alone was the person who committed the murder of the deceased and we, therefore, conclude that the appellant is entitled to be acquitted of the offences charged. .....
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