Court : Rajasthan
Reported in : 2006CriLJ2816; RLW2006(3)Raj2025
..... the instant case, there is strong prima facie evidence against the petitioner for offences under section 7, 13(1)(d)(2) of prevention of corruption act, 1988 and section 120b indian penal code. ..... registered at anti corruption bureau, jaipur for offences under sections 7, 13(1)(d)(2) of prevention of corruption act, 1988 & section 120b of the indian penal code.2. ..... while exercising the power under section 482 of the code a high court cannot act as a trail court; it cannot meticulously examine the evidence to stifle a legitimate prosecution at initial ..... 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 of section 155(2) of the code.3. ..... a formal fir was chalked out on 17.5.03 for offences under sections 7, 13(1)(d)(2) of prevention of corruption act, 1988 and section 120b, ipc against the petitioner and sanjay sharma. ..... there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party ..... 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 code.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3104
..... it is also required to be said that legislature at the time of enactment of indian penal code clearly provided under section 182 that if any false information is filed by the complainant with intent to cause public servant to use his lawful power to the injury of another person, then, he shall be liable to be punished with imprisonment of either description for a ..... to secure the ends of justice and even fir can be quashed but at the time of passing such an order, the court will not loose its sight that as per the provisions of code of criminal procedure, if remedy is available with the petitioners to bring all material before the investigating officer with regard to their innocence, then, power is left with the investigating officer to arrive at with the finding before ..... if it was so, then, it can very well be said that with malafide intention the material was not supplied, therefore, provisions of section 446 of the companies act are not attracted in the present case because non-petitioner no. ..... learned counsel for the petitioners has also invited the attention of this court towards section 446 of the companies act and prayed that there is a bar for initiation of any proceeding against the company where a winding up order is made or an official liquidator has been appointed as provisional liquidator ..... 1 is a private limited company registered under the indian companies act, 1956 and is engaged in the manufacturing of ..... these documents were also placed before the investigating officer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj32; 1965CriLJ219
..... in my opinion, the conviction of the appellant under section 323, indian penal code, is sustainable even apart from the applicability of section 34, indian penal code, on the basis of the reasoning adopted above and i consider it unnecessary to examine the finding of the additional sessions judge with regard to the applicability of section 34 and to invoke that section for convicting the appellant under section 323, indian penal code.18. ..... the additional sessions judge considered the question of the applicability of section 34, indian penal code, and recorded a conclusion that the three accused had not been animated by any common intention. ..... this is an appeal by jiwaram against the judgment dated 13th july, 1964 of the additional sessions judge, bharatpur, convicting him under section 304 part ii, indian penal code, and sentencing him to three years rigorous imprisonment and a fine of rs. ..... the witness did not express any opinion as to whether the injuries received by the deceased kaluva were sufficient in the' ordinary course of nature to cause death to invite the applicability of sections 300 and 302, indian penal code, or they were likely in the ordinary course of nature to cause death to invite the applicability of sections 299 and 304, indian penal code. ..... chatterji is that even on accepting the prosecution allegation in its entirety, no case under section 304, part ii, indian penal code, is made out on a proper interpretation of the medical evidence. dr. b. p. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ1849
..... of the customers, to save the electrical energy for illegally enriching themselves, the action of the petitioners would amount to cheating and they would be liable for the punishment under section 420 of the indian penal code. ..... the inspector of police (crime) alliyur 1992 mad lw weekly (criminal) 429 has been followed, in which it was held as under :-'according to the learned counsel, in order to attract section 420 ipc, the complainant should have been deceived and thereby dishonestly induced to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which ..... to the instant case, it is clear that as the cheques have been issued by the revision petitioner for the existing dues, the said act will not fall under section 420, ipc and as such the conviction and sentence passed by the trial court and upheld by the appellate court have to be set aside. ..... learned counsel for the petitioner and as such, i find that the receipt of the cheque for an existing debt will not form the basis for an offence punishable under section 420, ipc in the event of the cheque bouncing back for want of funds. ..... the same on their presentment as also assured by all the accused-petitioners at sriganganagar itself, it was on this undertaking of payment without any condition that surendra singla, the first informant signed the documents purporting to have been originally typed on 24-2-98 and 27-2-98, lastly, at sriganganagar. ..... to accept the documents. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj19; 1963CriLJ223
..... that controversy put shortly is: whether it is possible for a member of the public to commit an offence of criminal trespass within the meaning of section 441, indian penal code, by entering into the office of a government servant it being granted that his intention in so doing was to commit an offence or to intimidate, insuit or annoy the omcer incharge of the office or further by ..... of the learned sessions judge, kotah, dated the 19th april, 1960 by which he acquitted the respondents hari ballabh, gulab chand and kailash of an offence under section 448, indian penal code, reversing the judgment and order of the sub-divisional magistrate, kotah, dated the 22nd february, 1960, by which he had convicted the said respondents under section 448, indian penal code, and sentenced them to one month's rigorous imprisonment and a fine of rs. ..... however, strenuously contended before us that the learned sessions judge had erred in taw in acquitting the accused under section 448, indian penal code, as well, and it is this part of the learned judge's order which brings into play the controversy ..... may state at once that the acquittal of the accused under section 186, indian penal code, by both courts below, is not being challenged before us and, in our opinion, rightly, because an offence under that section can be taken cognizance of by a court only on a complaint as provided under section 195(1)(a), criminal procedure code and admittedly such a complaint has not been filed in this case .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)DMC94; 2000(3)WLC257; 2000(2)WLN568
..... 304b of the indian penal code (45 of 1860).' (5). ..... explanation: for the purposes of this sub-section, 'dowry' shall have the same meaning as in sec. ..... explanation: for the purposes of this section, 'dowry death' shall have the same meaning as in sec. ..... 113b of the indian evidence act reads as under:- presumption as to dowry death;'113 b. ..... 113b of the indian evidence act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj123
..... we are, however, of opinion that the statement of the prosecutrix in a case under section 376 of the indian penal code does not stand on the same footing as statements of witnesses brought in under section 288 of the code of criminal procedure, and there is no reason why the statement of the prosecutrix if true, should not be held to corroborate the retracted confession of the accused and vice ..... set aside his conviction under section 376 of the indian penal code, and instead convict him under section 376 read with section 109 of the indian penal code. ..... this case, on the evidence of the girl, sanwaria could have been charged of an offence under section 376 read with section 109 of the indian penal code for abetting the offence of rape by surjia and balmukan. ..... the learned judge held that the conviction of chotey forabetment under section 109 of the indian penal code was illegal, but did not give any particular reason for arriving at that conclusion, and there was no consideration of sections 236 and 237 of the code of criminal procedure.31. ..... state of the evidence, we are not prepared to hold that the girl was necessarily under 14 and in this view of the matter, her consent would protect sanwaria so far as an offence under section 376 of the indian penal' code is concerned.18. ..... are satisfied that the girl was not willing to have sexual intercourse with these two appellants, namely, surjia and balmukan, and they have been rightly convicted under section 376 of the indian penal code.16. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj267; 1964CriLJ730
..... to collect moneys or property of the firm i think that he is entrusted with dominion over that property, and if he dishonestly misappropriates it, then i think he comes within the section,'thus from the above it follows that even a partner can be guilty of a charge under section 405 of the indian penal code in case where he is found to have been entrusted with property or dominion over that property and is further shown to have dishonestly misappropriated it.5. learned counsel for the ..... . the above case is a clear authority for the proposition that a partner cannot be held liable for a charge under section 406 of the indian penal code for not rendering accounts to any partner and for, withholding the share of profits of the other partner when the accounts have not been gone into and it has not been ..... an application by chiranjilal one of the accused under section 561-a read with sections 435 and 439 of the code of criminal procedure for quashing certain criminal proceedings which are being taken against him in this court of additional munsif magistrate jaipur east.2.on 8th june, 1963, the opposite party rajaramsingh filed a complaint, against the petitioner nd others under sections 420, 120b and 406 ofthe indian penal code on the following facts, thatthe opposite party after ..... on 8th july, 1963, having been satisfied on, the above materials registered a case under section 420 of the indian penal code against the accused and issued bailable warrants against them. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj221; 1965CriLJ683
..... judicial magistrate after hearing the parties on the aforesaid application held that the accused could not be retried under section 304a of the indian penal code in view ,of his acquittal for the offences under the motor vehicles act and therefore, acquitted him. ..... first question which requires determination is whether the trial of the respondent under section 304a of the indian penal code was barred under section 403 (1) of the code in view of his acquittal in the complaint case. ..... is urged that the acquittal in the complaint case involves a finding that the respondent was not driving the truck and as such evidence to prove the same fact cannot be led in the case under section 304a of the indian penal code on the ground of issue estoppel which applies to criminal proceedings as well. ..... in the case under section 304a of the indian penal code charge was framed against the accused, 18 witnesses were examined on behalf of the prosecution and statement of the accused under section 342 of the code of criminal procedure was ..... also pointed out that the evidence of the aforesaid witnesses had already been recorded in the case under section 304a of the indian penal code in the court of the judicial magistrate, abu road. ..... an application was submit on behalf of the accused that in view of the acquittal of the accused in the complaint case under sections 3/112, 89 and 126 of the motor vehicles act, his trial under section 304a of the indian penal code was barred under section 403(1) of the code. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj214; 1958CriLJ1099
..... . in such a case, he may be guilty under section 323 of the indian penal code, but he would not be guilty under section 448 of the indian penal code, for he did not effect the entry with intent to commit any offence, but merely under his bona ..... under section 147, of the indian penal code and no charge was framed under that section', nor did the magistrate frame any charge against any of the remaining four accused under section 323 of the indian penal code. ..... come to the conclusion that though he had a bona fide claim of right, the dominant intention in his mind in making the entry was to commit the offence of criminal intimidation defined in section 503 of the indian penal code or even to intimidate the person in possession, in case he is found there ..... will have to be taken into account in coming to the conclusion whether a person who is making an entry under a bona fide claim of right has the intent necessary under section 441 of the indian penal code to turn the entry into criminal trespass. 13 ..... dealing with section 427) of the ceylon penal code, where also the intent necessary to make an entry upon property criminal trespass is exactly in the same words as in section 441 of the indian penal code ..... we may in this connection set out section 441 of the indian penal code which sets out the ingredients of an offence of criminal trespass : 'whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of .....
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