Court : Rajasthan
Decided on : May-02-1997
Reported in : 1997CriLJ2752
..... unfortunate event are falsely prosecuting the accused persons for some oblique motive. this is fortified from the fact of pendency of a civil action under the fatal accidents act also instituted by the complainant.9. therefore, it is submitted that the conduct of the accused petitioners conclusively bears testimony to the fact that they were out ..... singh breathed his last at jaipur hospital; (iv) none, except sajjan singh, accompanied the dead body of bhanwar singh from sanderao to mada; (vi) prithvi raj acted as a sole guardian thereby getting bhanwar singh operated upon and the conduct of all the medical officers and experts is shrouded in mystery; and (vii) the resultant ..... persons, it may be observed that even if it is assumed that there is a prima facie case of commission of offences on the basis of circumstances, acts, omissions and conduct of the accused persons, this by itself, does not deter the court from granting bail to the petitioners specially when this occurrence is alleged .....
Tag this Judgment!Court : Rajasthan
Decided on : May-27-1997
Reported in : 1998CriLJ150
..... established that the assault made on mangu singh was in prosecution of the common object of the unlawful assembly.9. the next important question to be decided whether the act of the accused persons is punishable under section 302 read with section 149 of the indian penal code. the prosecution has adduced evidence to prove that the accused ..... and budharam p.w. 11 are the police constables, who carried the malkhana articles to forensic science laboratory, jaipur. chunnia p.w. 2, misra p.w. 3 and bal want singh p.w. 4 are the witnesses of recovery of certain articles during investigation.8. bhawani singh p.w. 6 and chhatar singh have given statements to the effect ..... , prayed that the appeal be allowed and the appellants be acquitted of both the charges. in the alternative, the learned counsel for the appellants has submitted that the act of the accused does not travel beyond the scope of section 325 of the indian penal code, because there is no evidence to prove that all the accused persons .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-27-1997
Reported in : 1998CriLJ433
ORDERAmaresh Kumar Singh, J.1. Heard the learned counsel for the petitioner, learned counsel for the non-petitioner No. 2 and the learned Public Prosecutor.2. This petition under Section 482, Cr.P.C. is directed against the order dated 20th Nov. 96 passed by the learned Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate, Raisinghnagar in Criminal Regular Complaint No. 36/96. By the aforesaid order, the learned Additional Chief Judicial Magistrate discharged the accused-non-petitioner No. 2 of the offences punishable under Section 500 and 501, I.P.C.2-A. The facts relevant for the purpose of dispose of this petition may be summarised as below :- Petitioner Harban Singh filed a complaint in the Court of learned Additional Chief Judicial Magistrate, Raisinghnagar alleging the commission of offences under Sections 500 and 501, I.P.C. against the non-petitioner No. 2. According to complaint the petitioner is a Lecturer and is in the employment of the State of Rajasthan. ...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-18-1997
Reported in : 1998CriLJ1430; 1998(3)WLC102
ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner and the learned Public Prosecutor.2. By this petition under Section 482, Cr.P.C. the petitioners has prayed that the charges framed against her by the learned Chief Judicial Magistrate, Dungarpur in criminal case No. 614/ 93, under Sections 120B, 474, 471, 420 and 198, I.P.C. be quashed.3. The facts of the case so far as they are relevant for the disposal of this petition may be summarised as below ;The applications were invited from the candidates by Mahila Vikas Abhikaran, Dungarpur for appointment as 'Pracheta'. A copy of the notification which is in the file of the lower Court shows that the educational qualifications required for appointment were that the candidate must have passed Higher Secondary Examination or an equivalent examination; must he having experience of five years of working in villages (rural areas) and departmental training if any. According to the notification only those candidates were eli...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-02-1997
Reported in : 1998CriLJ4119; 1998(1)WLN555
..... the basis of the complaint which he had himself signed as the case before him was not covered by any exception to the general rule that the complainant should not act as a judge in his own cost. sub-section (1) of section 340, cr.p.c. clearly provide in cl.(c) that the complaint is to be sent to the ..... should have himself drafted or dictated the complaint and got it prepared in his own office for the purpose of submission in a competent court. to say the least, the act of putting signatures on the complaint prepared by the police officer does not appear to be warranted by any law nor it appears to be in consonance with the well ..... a complaint for the purpose of taking cognizance of the offence under section 211, i.p.c. as chief judicial magistrate he ought to have realised that while purporting to act as a chief judicial magistrate he has to apply his mind to the matter brought to his notice and in case he thought it fit to file complaint relating to .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-1997
Reported in : 1998CriLJ287; 1997(3)WLC750
..... digging the earth. it was all more necessary when the accused knew that the labourers were coming nearer him to collect the earth dug by him. in our opinion, the act of the accused constitutes criminal negligence, and the case come under section 304a i.p.c. though a separate charge under section 304a i.p.c. has not been framed ..... obvious that the accused did not take proper care and caution when he worked the spade on the earth. the facts of the case clearly reveal that the accused was acting negligently. criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or ..... the accused did not see him he worked the spade which hit bhika ram.13. in our opinion, on the facts proved, it can be said with certainty that the act of the accused neither comes within the net of section 302 or even 304 i.p.c. it is relevant to state that according to dr. shiv narayan, who had .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-02-1997
Reported in : 1998CriLJ718
..... on the basis of conspiracy. professional rivalry can be a presumptive evidence of the bad relations between the two but it cannot be the motive for indulging in such voilent acts. charges have been framed against the petitioner only on the basis of the strong suspicion. a suspicion may be strong but it cannot furnish even prima facie evidence for framing .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-31-1997
Reported in : (1997)IILLJ161Raj
..... of justice or violation of procedural laws and, therefore, entertaining a petition directly in this court, by-passing the tribunal or court established by the industrial disputes act, would be resulting in deprivation of the remedy to the losing party. a workman or the employer-state losing before the industrial court or tribunal will have ..... appeal) rules, 1958 was not adequate as alternate remedy. in the present case, there cannot be any such question in view of section 9a of the industrial disputes act. this judgment is, therefore, of no consequence. the petitioner is not being non-suited for delay and it may be possible to argue that an individual oppressed by ..... case (supra) we would like to observe that even in cases where remedy is available in respect of the violation of the provisions of the industrial disputes act, the court cannot ignore the fact that the process of conciliation for making reference is extremely tardy and dilatory. the information which has been furnished by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-10-1997
Reported in : II(1998)DMC566; 1998(3)WLC636
..... parents. if at the place of their residence with their husbands they are harassed and meted with cruel behaviour by their husbands or his relations and the consequences of their acts, constituting offences, ensue within the jurisdiction of a different court, such different court is legally entitled to take cognizance of such offences. offence under section 494, ipc has been considered ..... the courts in the district of dholpur had no jurisdiction to entertain the complaint. similarly since the learned court below failed to take note of the continued consequences of the acts done by the proposed accused, they considered that complaint was barred by the provisions under section 468, cr. p.c. in that behalf the case relied upon by mr. srimal .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-03-1997
Reported in : 1997CriLJ1777; 1997(2)WLC642; 1997(1)WLN430
ORDERRajendra Saxena, J.1. Notice was given to learned P.P. who has accepted the same.2. Heard. Perused the relevant record. A perusal of certified copy of the order of the trial Court dt. 10-7-95 indicates that the police submitted the challan against the accused petitioners for the offences under Sections 447, 323 and & 341/ 34, IPC. On 4-9-95 the learned trial Magistrate took cognizance against the petitioner for the said offences. On 20-11-95 and 17-7-96 the Presiding Officer was on leave. On 26-11 -96 an application for dropping the proceedings against them was filed by the petitioners in view of the directions-given by the Apex Court in Common Cause,' A Registered Society v. Union of India, 1996 Cri LR (SC) 430 : (1996 Cri. LJ 2380). On that day, the learned, A.P.P. and counsel for the, complainant prayed for short adjournment for filing the reply. On the next date a reply was filed. On 16-1 -97 the learned trial Magistrate after hearing the parties by impugned order judgment rej...
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