Court : Mumbai Nagpur
..... by the hon'ble apex court that as there was no law in force at the time when the accused was found in possession of disproportionate assets in search on 17.05.1964 under which law this possession could be said to constitute an offence, he was entitled to protection of clause (1) of article 20 of the constitution of india and it was not permissible for trial court to convict him of an offense under clause (e) of sub- section (1) of section 5 as no such clause was in existence at the relevant time ..... in this background, he has contended that new offence or disability/disqualification, envisaged under section 10 and section 11 of the act no.23 of 2001 cannot have any application in present facts, as both the petitioners had obtained their caste certificates before 1980. ..... (2) no court shall take cognizance of an offence punishable under this section except upon a compliant, in writing, made by the scrutiny committee or by any other officer duly authorized by the scrutiny committee for this purpose. .....
Tag this Judgment!Court : Mumbai Nagpur
..... nayar reported in 1991 supp (2) scc 412 pressed into service by learned counsel for the applicant, criminal proceedings for the offence punishable under section 406 of the indian penal code were initiated against the applicant by food corporation of india for shortage of paddy and rice procured by ..... he lodged report with police station, saoner and after investigation, offences punishable under sections 406, 409, 109 of the indian penal code read with sections 3 and 7 of the essential ..... , on the other hand, contends that there is ample material with the prosecution which shows prima facie involvement of the applicant for commission of offences registered against him and, therefore, application deserves to be dismissed. 7. ..... 254/2007 at police station, saoner for the offences punishable under sections 406, 409, 109 of the indian penal code read with sections 3 and 7 of the essential commodities act together with consequent charge-sheet is hereby quashed and set ..... is such where 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 applicant. ..... , is sought to be given a colour of a criminal offence to wreak vengeance against the appellant. ..... parties constite only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offence has been made out". .....
Tag this Judgment!Court : Mumbai Nagpur
..... after issuance of the cheque drawn on 'an account maintained' a person, if he closes his account, then apart from the fact that it may amount to offence of cheating also it would certainly be an offence 6] criminal revision no.280/2007 punishable under section 138 of the negotiable instruments act because there was no sufficient fund to honour the cheque in that account or there was no fund to honour the cheque in that account. ..... 6] the learned trial magistrate, who considered the evidence led, concluded that the accused had committed offence punishable under section 138 of the negotiable instruments act and convicted the accused accordingly and sentenced him to suffer simple imprisonment of three months and to pay fine of rs. ..... 9] considering the necessary ingredients of offence punishable under section 138 of the negotiable instruments act that 8 criminal revision no.280/2007 the cheque was drawn by the accused of an account maintained by him with the banker (1) it was presented to the banker but ..... it is thus alleged that offence punishable under section 138 of the negotiable instruments act was committed. .....
Tag this Judgment!Court : Mumbai Nagpur
..... rajesh was taken to the hospital in the police jeep, sufficiently shows that the police had received information about some cognizable offence having taken place at that place and time before filing of the oral report by pw2 and, therefore, it cannot be treated as the first information report on the basis of which the crime was registered. ..... there is no cogent and convincing evidence to convict the accused for offence punishable under section 302 with the aid of section 34 of i.p.c. ..... (d) on the basis of the said report, crime no.6/2006 was registered against the persons named in the first information report for offence punishable under sections 302 and 307 read with 34 of i.p.c. ..... and contradictions read in consonance with the evidence of pw3, it can be inferred that upon seeing ghastly incident, pw3 and pw6 were scared and to save their skin, they had fled from the scene of offence and had not actually witnessed the assault. ..... 1 to 3 (the present appellants) are convicted for the offence punishable under section 302 read with section 34 of i.p.c. ..... (g) the fact that the offence was registered under sections 302 and 307 read with 34 of i.p.c. ..... 4 to 6 are acquitted for the offence punishable under sections 302 read with 149 of i.p.c. ..... 1 to 3 are acquitted for offences punishable under sections 147 and 148 of i.p.c. .....
Tag this Judgment!Court : Mumbai Nagpur
..... as such the appeal filed before the sessions court under proviso to section 372 of the criminal procedure code against the order of acquittal in a complaint case for the offence punishable under section 138 of the negotiable instruments act was totally misconceived. ..... the applicant was acquitted of the offence punishable under section 138 of the negotiable instruments act by order dated 15-02-2010. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondent/accused was tried before the learned judicial magistrate, first class, chandrapur, who was pleased to convict the respondent/accused for the offences punishable under sections 279, 304a and 337 of the indian penal code and sentence him to suffer rigorous imprisonment for six months and to pay a fine in the sum of rs.1,000/- vide ..... would not be helpful to the appellant/state because it is essential in the interest of fair trial that the ingredients of the offences alleged against the accused are to be mentioned properly in the particulars/charge framed against the accused and as it is clear from the record of the present case the ingredients of the offences alleged against the accused herein were not distinctly and rightly mentioned in the particulars framed by the trial magistrate ..... . submits that the court has to keep in mind the ingredients of the offence and the accused can even be punished for a lesser or graver offence than the offence with which he is charged provided the requisite ingredients are satisfied and hence, when the ingredients of the offence are covered in particulars compositely, it does not make any difference whether the plea is ..... 304a of the indian penal code, it is worth mentioning here that the sessions judge set aside the conviction of the accused herein not only based upon the loopholes in framing of particulars of the offences, but the accused was set free giving him benefit of doubt in the facts and circumstances established .....
Tag this Judgment!Court : Mumbai Nagpur
..... criminal appeal no.70/2007 were tried by the learned additional sessions judge along with accused no.2 kawadu ambar chauriwal, accused no.3 vasanta kawadu chauriwal and accused no.5 sau vanita chandrakrushna chauragade for the offences punishable under sections 304b read with section 34 and section 498a read with section 34 of the indian penal code. ..... as such the learned trial court should not have based conviction of the appellants for the offence punishable under section 498a read with section 34 of the indian penal code only on the basis of the letters produced by father of the deceased, which according to him were written to him ..... circumstances, in our opinion, the conviction recorded by the learned additional sessions judge for the offence punishable under section 498a read with section 34 of the indian penal code is also not ..... in fact it is the practice in maharashtra that whenever the first information report of cognizable offence is received by the police station with regard to the offence which had not occurred within the jurisdiction of the said police station, the first information report is recorded under '00' number of ..... no.2 and other accused are concerned, the learned trial judge had framed charge against them for the offences punishable under sections 498a and 304b read with section 34 of the indian penal code. ..... death of deceased asha hemant chauriwal, the police started investigation for the offences punishable under sections 302 and 304b of the indian penal code also. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 34 of 1999 whereby the the respondent/accused was acquitted of the offence punishable under section 7(1) read with section 2(ia)(a) punishable under section 16(1)(ii) and under section 7(i) read with section 2(ia) punishable under section 16(1)(a)(i) of the prevention of food adulteration act , 1954. 2. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....
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