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Mar 02 2012 (HC)

T.Tamilarasi Vs. State Rep. by Sub-inspector of Police.

Court : Chennai

..... fair trial.order1. the petitioner is the wife of accused thandayuthapani, facing trial under section 302 of ipcipcipc. a case in crime no.154 of 2011 was registered against the husband of the petitioner under sections 294(b), 452, 506(i) and 307 ipcipcipc, which was later on converted to section 302 ipcipcipc. the case was registered on the statement of deceased suguna on 26.06.2011 ..... reads as under:government of maharashtranotificationhome department (special)mantralaya, mumbai 400 032dated: 7-2-2008no. mis 0807/cr 276/part-ii/spl-2. in pursuance of the provisions contained in section 6 of the delhi special police establishment act, 1946, (act 25 of 1946), the government of maharashtra is pleased to accord consent to the exercise of the powers and jurisdiction ..... decisions make it clear that if any person is aggrieved by the inaction on part of the police or not getting proper response, there are adequate remedies provided under the code and it is for such person to seek relief with the aid of these provisions. however, we have already adverted to the specific allegation in the complaint of respondent 1 .....

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Mar 08 2012 (HC)

N.Yogaraj Vs. Lakshmi.

Court : Chennai

..... 06.08.2010 itself, he lodged a complaint under ex.p1 alleging commission of offence of causing annoyance of others by using obscene language in a public place punishable under section 294 i.p.c, by the respondents herein(a1 to a4) against p.w.2 an offence of wrongful restraint punishable under ..... of police came to notice the said complaint on 12.08.2010 pursuant to which he registered a case in the above said crime number for offences punishable under the penal provisions cited supra. for registering the case, he prepared ex.p5-first information report. thereafter, p.w.8 conducted investigation and during investigation, he visited the place of occurrence and ..... section 341 i.p.c and an offence of causing simple hurt punishable under section 323 i.p.c. however, p.w.6, who received the complaint did not register any first information report and kept it as a petition assigning petition ..... prayercriminal revision case filed under sections 397 and 401 of cr.p.c., to call for the records and to set aside the order of acquittal made in s.t.c.no.445 of 2010 by .....

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Feb 17 1956 (HC)

The Public Prosecutor Vs. Mulugu Jwala Subrahmanyara

Court : Andhra Pradesh

Reported in : 1957CriLJ1389

..... circumstances constituting the acts of the said mulugu jwala subrahmanyam, an offence punishable inter alia under section 294-a of the indian penal code, 1860 (central act xlv of 1860).2. now, therefore, in exercise of the powers conferred by section 196 of the code of criminal procedure, 1898, (central act v of 1898), the governor of andhra hereby ..... investigation into the cognizable offence which was registered under section 420, indian penal code and the charge-sheet itself relate to both the offences under sections 294-a and 420, indian penal code. it is a report falling under section 173, criminal procedure codecriminal procedure codecriminal procedure code, so far as the offence under section 420, indian penal code, is concerned.no doubt, after the case was taken ..... this behalf.5. a complaint authorised by the state government is necessary before a court, can take cognizance of an offence punishable under section 294-a, indian penal code. section 230, criminal procedure codecriminal procedure codecriminal procedure code, provides for the situation when a new charge is framed which requires previous sanction and runs as follows:if the offence stated ..... was published to be drawn. it winds up by stating that the accused was liable under the second part of section 294-a, indian penal code, for having unauthorisedly published the lottery and under section 420, indian penal code, for having cheated the public.it contains no reference to any office or place kept by the accused either at .....

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Jul 30 1928 (PC)

Emperor Vs. Vazirally

Court : Mumbai

Reported in : (1928)30BOMLR1426

..... 1917) 18 l.j. 768, where it was held that the word 'drawing ' is used in the section in its physical sense and the actual drawing of lots is an essential ingredient of the offence provided for in section 294 a, indian penal code. the learned magistrate held : 'there was certainly no drawing of any ticket of cigarettes. the purchaser when he ..... reverse the conviction and sentence and order the fine, if paid, to be refunded.baker, j.9. the accused was convicted under the 2nd paragraph of section 294a of the indian penal code, of publishing a proposal relating to a lottery. the facts are that the accused, who is a dealer in cigarettes, had caused five rupee notes to ..... lottery, and secondly, that even if it does, it does not amount to publishing a proposal relating to a lottery under section 294a, latter part. there is no definition of lottery in the indian penal code, but in view of the definition which has been laid down by the courts in england there can be no doubt that ..... patkar, j.1. in this case the accused is tried on a charge under section 291 a (second part) of the indian penal code for publishing a proposal for the drawing of a lottery. the accused, who is the proprietor of the british cigarette and tobacco co., published ..... that the act of the accused in publishing the particulars with which he is charged, does not fall within the terms of is, 294a of the indian penal code. i agree, therefore, that the conviction and sentence should be set aside, and the fine, if paid, refunded. .....

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Sep 07 1970 (HC)

Kamal Agency Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1970)72BOMLR928a

..... , because of the far greater weight of the judgment of the supreme court which is to the contrary.25. our attention was also drawn to the provisions of section 294-a of the indian penal code, which provides that whoever keeps any office or place for the purpose of drawing any lottery not being a state lottery or a lottery authorised by the state government ..... was contended that therefore a lottery cannot be considered to be unlawful except to the extent that it is made punishable under section 294-a. in our opinion, this is not a correct appreciation of the provisions of section 294-a of the indian penal code because it would not be correct to say merely from the fact that only a particular activity out of the series ..... shall be punished as provided in that section. it was pointed out that the indian penal code is an all india legislation. it was pointed out that out of the various activities in connection with the organising and conducting of a lottery only the ..... activity of keeping any office or place for the purpose of drawing any lottery is singled out in section 294a and that the section does not make any . other activity .....

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Jan 03 1984 (HC)

Ummaida Ram anr. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1984WLN27

..... of a gang, habitually commits, or attempts to commit, or abets the commission of, offences, punishable under chapter xvi, chapter xvii or chapter xviii or the indian penal code, 1860 (act xlv of 1860) or under section 290 to 294 of the indian penal code, 1860; or(ii) has been convicted under the suppression of immoral traffic in women and girls act, 1956 (act no. 104 of 1956); or(iii) has ..... his application filed by girdharilal. the only allegation having a material bearing is that a criminal case instituted on firfirfir no. 266 dated 22-9-82 under section 379, ipcipcipc is pending investigation at police station sadar bikaner. but this alone is not sufficient to vest jurisdiction in the magistrate to proceed under the act for the simple reason ..... prior to six months immediately preceding the commencement of the action under section 3. the allegations relating to the commission of offence under section 406 ipcipcipc and for some other offences relating to the first information report no. 77 of 1966 could not similarly be taken into consideration as they ..... before 11-5-82, can not be taken into consideration for initiating actions against them under section 3 of the act. the petitioner were convicted for offences under sections 427 and 352, ipcipcipc i.e. for offences punishable under chapter xvi and xvii of the indian penal code on 26-11-80. this could not be taken into consideration as the conviction was made .....

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Aug 30 2001 (HC)

Rana Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2002(2)WLN269

..... gang, habitually commits, or attempts to commit, or abets the commission of offence, punishable under chapter xvi or chapter xxii of the indian penal code, 1860 (act xlv of 1860) or under sections 290 to 294 of the indian penal code, 1960; or (ii) has been convicted under the suppression of immoral traffic in women and girls act, 1956 (act no. ..... to have commenced only when the competent authority has applied his mind for issuing a notice under the goondas act. the words employed in sub-section (1) of section 3 are 'where it appears to the district magistrate. the words used, appeared in sub-clause (i) are of great significance. the ..... in relation to a person in this clause means a person, who during a period within six months immediately preceding the commencement of an action under section 3 has been found on not less than three occasions to have committed the offences or acts, as the case may be, referred to in sub ..... according to the appellant the proceedings against him under the goondas act is without jurisdiction as he is not a goonda within the meaning of section 2(b) of the goondas act, inasmuch as he has not been found on not less than three occasions to have committed the offences ..... has preferred this appeal on the ground that he has been granted relief only in part. according to him the entire proceedings against him under section 3 of the rajasthan control of goondas act, 1975 (hereinafter referred to as goondas act) being without jurisdiction ought to have been quashed .....

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Jul 21 2011 (HC)

Veeralakshmi Vs. Kannapiran and anr.

Court : Chennai

..... of 1860) was committed, such death shall be called harassment death. (2) notwithstanding anything contained in section 4, whoever commits harassment death and if the act by which the death ..... guilt of the accused. but, as discussed above, their evidence are not sufficient to hold that the accused has committed the crime under section 354 ipcipcipc. 13. the learned counsel for the first respondent would submit that in the revision, this court has got limited powers to interfere ..... in the complaint. the complaint would show that the accused disgraced (khdga;fk;) p.w.2. this would not constitute an offence under section 354 ipcipcipc. 9. the occurrence is said to have taken place about 15 days anterior to 10.09.2006 and no particulars with regard to ..... but p.w.1 has woefully failed to mention those incidents in her complaint and by no stretch of imagination, a charge under section 354 ipcipcipc could be made out and that medical evidence in this case would not come to the aid of the prosecution. 7. the ..... section 4a of the act goes thus: 4-a. harassment death.-(1) where the death of a woman is caused by bodily injury or occurs otherwise than under normal circumstances and if it is shown that soon before her death, she was subjected to harassment or that in respect of her an offence under section 294, 354 or 509 of the indian penal code (central act xlv .....

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Jan 03 2002 (HC)

Abdul Rahman Sheikh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2002(3)MPHT330; 2002(2)MPLJ251

..... dated 28-1-1993 passed by first additional district judge, indore in special case no. 36/91 convicting the appellant for the offence punishable under section 161, ipcipcipc and section 5(2) of the prevention of corruption act (for short, 'the act') and sentenced to ri for 2 years and fine of rs. ..... is given about the cause of death, nature of injury and its effect or connection with the death. such opinion evidence is admissible under section 45 of the evidence act and it could not be disputed that an opinion could not be admitted in evidence without the evidence of the expert. ..... same was not proved by examining the concerned witnesses is not acceptable because the same has been admitted by the defence under the provision of section 294 of the code of criminal procedure. the judgments relied upon, on this point, by the defence, are not applicable and relevant. a11 the judgments are regarding ..... the cause of death, nature of injury and the effect of injury are matters which could only be admitted in evidence under section 45 of the evidence act. and under section 45 the opinion could only be admitted in evidence if the expert is examined in court as the mere certificate is not evidence. ..... all these transactions must have taken some time. hence, a preliminary panchnama, ex. d-4, was not prepared on 16-7-1984 at 1.45 pm. the difference of signing by the witnesses scribe and the complainant vishnu prasad arc clearly indicating thatthe documents were prepared in ante-date and ante-time .....

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Sep 11 1997 (HC)

Dattatraya Manglya Patil and Others Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1998BomCR(Cri)300

..... is true that the arrest panchanama of the appellants, wherein there is a mention of recovery of blood-stained clothes, was admitted by the defence under section 294 of cr.p.c. and consequently, can be used as substantive evidence. however, to our dismay, the circumstance that these appellants were putting on ..... accused. on 5-3-1987, the appellants were arrested, vide panchanama exhibit 62. a perusal of exhibit 62 which is admitted to the defence under section 294 cr.p.c. shows that the appellants had blood-stained clothes, which appeared to be washed, on their person.a perusal of exhibit 62 shows ..... we should not accept the solitary statement of pi. faruqi.apart from the fact that her submission is contrary to the provisions contained in section 134 of the indian evidence act which provides 'no particular number of witnesses shall in any case be required for the proof of any fact' and the ..... deceased, was found on the clothes of appellants dattatraya and prabhakar, because the said circumstance has not been put to them in their statements under section 313 cr.p.c.29. be that as it may, in our view, the circumstances mentioned above, establish beyond any shadow of doubt, the ..... the guilt of these appellants.against these appellants, the circumstantial evidence adduced by the prosecution is as under :-(a) motive;(b) recovery under section 27 of the indian evidence act; of a blood-stained knife on the pointing out of appellant-prabhakar and a blood-stained dagger on the pointing out of .....

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