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Oct 15 1999 (HC)

Sunkara Satyanarayana Vs. State of Andhra Pradesh, Home Department and ...

Court : Andhra Pradesh

Reported in : 2000(1)ALD(Cri)117; 1999(6)ALT249; 2000CriLJ1297

..... to commit or abet the commission of, offences involving a breach of the peace;(b) persons bound over under sections 106, 107, 108(c) and 110(1) of the code of criminal procedure, 1973.(c) persons who have been convicted more than once in two consecutive years under section 75 of the madras city police act or under section 3, clause 12, of ..... madras, especially pso 145 read with section 53 of madras district police act came up for consideration. the contention before the supreme court was that the provisions of the code of criminal procedure for investigation of crime are superseded by the pso and therefore the investigation by the police has to be in accordance with police standing orders. the said contention was rejected ..... directly empowers the police to open history sheets. there are also no rules issued by the governor of andhra pradesh in exercise of powers conferred under relevant provisions of either code of criminal procedure, 1973 and/or the provisions of andhra pradesh (andhra area) district police act, 1859 or andhra pradesh (telangana area) district police act or the hyderabad city police act, 1348 ..... on the ground that the petitioner is a habitual offender. he was involved in several offences like theft, house-breaking. he was also bound over under sections 109 and 110 code of criminal procedure, 1973 (cr.p.c. for short). since 1971, the petitioner was involved in 11 crimes and that cr.no. 60 of 1998 under sections 324, 342, 506 read with .....

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Aug 21 1998 (HC)

Bibi Shahnaz Alias Munni Vs. State of Bihar and anr.

Court : Patna

..... and expenses of iddat period. whatever may be the factual position, such direction cannot be issued in the instant proceeding under section 125 of the code of criminal procedure. if, in fact, the petitioner has not been paid her agreed amount of dower (mehr) and other articles which were given to her at ..... provision of section 125, cr. p. c. their lordships further provides :-the question as to whether section 125 of the code of criminal procedure applies to muslim women also is concluded by two decisions of the supreme court in the case of bai tahira v. ali hussain firsoli chothi ..... anywhere that a divorced wife would not be entitled to maintenance beyond the period of iddat. according to their lordships, the provisions of the code of criminal procedure created a statutory right to a muslim divorced wife and she can still maintain an action claiming maintenance after the period of iddat under the ..... maintenance of the divorced wife to the period of iddat, it does not contemplate or countenance the situation envisaged by section 125 of the code of criminal procedure, 1973. the court held that it would be incorrect and unjust to extend the above principle of muslim law to cases in which the ..... the expiry of period of iddat. if she is unable to maintain herself she is entitled to take recourse to section 125 of the code of criminal procedure.16. as stated above, the decision of the supreme court generated a good deal of sound and fury amongst the muslim community of india .....

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Apr 25 1997 (HC)

Bhola Rai and anr. Vs. State of Bihar and anr.

Court : Patna

..... a magistrate in such proceedings.9. it appears to me that the learned magistrate has failed to appreciate the changes brought about under the new code of criminal procedure, 1973, inasmuch as cognizance is taken of an offence and not against the accused persons. similarly, the accused persons are not committed to the ..... and were never considered so at any point of time historically. there has never been any doubt on that account. before the amendment of the code of criminal procedure in the present form, commitment proceedings had the essential attributes of an inquiry and were termed as such. now do they continue to be so ..... code of criminal procedure, which defines that 'inquiry' means every inquiry, other than a trial conducted under this code by a magistrate or a court', because of preclude of its being 'subject to the context otherwise requiring'. ..... straightway with the trial and that nothing is lacking in content, as per requirement of sections 207 and 208 of the code of criminal procedure. such proceedings thus, in our opinion do not fall squarely within the ambit of 'inquiry' as defined in section 2(g) of the ..... m.y. eqbal, j.1. in this application filed under section 482 of the code of criminal procedure (hereinafter to be referred to as `the code') the petitioner has prayed for quashing the entire proceeding and the order dated 10th september, 1996, passed by the learned chief judicial .....

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Jan 19 2007 (HC)

Paresh Nath and anr. Vs. State of Bihar and anr.

Court : Patna

..... duty. therefore, the apex court refused to interfere in the prosecution of the appellant on the basis of the bar provided in sections 195 as well as 196 of the code of criminal procedure (only for conspiracy). thus, in the facts and circumstances stated above, it is not applicable in this case.5. so far the applicability of section 501 of the ..... 295a of the indian penal code without prior sanction of the central or state government as the case may be second submission of learned counsel for the ..... sections 295a and 501 of the indian penal code against the petitioners as also the entire criminal proceeding.2. the main contention of the learned counsel for the petitioners is that the cognizance has been taken under; the above provisions in complete violation of section 196 of the code of criminal procedure. section 196 of the criminal procedure code prohibits the court to take cognizance under section ..... ghanshyam prasad, j.1. this application under section 482 of the code of criminal procedure has been filed to quash the order dated 7.3. 2006 passed by sri muni lal paswan, additional sessions judge-xii, patna in criminal revision no. 831/05 as well as the order of cognizance dated 20.8.2005 passed by sri s.d. dwivedi, judicial magistrate, patna .....

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Nov 03 2004 (HC)

Sri Sanjay Ku. Choudhury and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 98(2004)CLT745

..... a.m. to g.r. & co. (civil) 5012.30 p.m. g.r. & co. (criminal) 503rd sitting procedural law 200 marks2.00 p.m. to code of criminal procedure 504.00 p.m. indian penal code 50evidence act 50orissa forest act 25orissa & bihar excise act 25so, 21 candidates could secure 30 percent or more marks in ..... 1.3.1982 till 1.10.1986 i.e., only for a period of four years. so he left the touch of the process of criminal procedural law from 1986. the establishment where he is working at present is orissa state administrative tribunal where only service matters are dealt with. it goes ..... university or school. this is an examination for recruitment from experienced ministerial staff of different courts conversant with the procedural law. the candidates appearing for the examination are always in practice of the criminal procedural law while working in the different courts and also g.r. and co. it is quite natural on ..... 24.5.2001 (annexure-2). according to the counter affidavit, the high court of orissa has got all powers to frame rule under section 13 criminal procedure code, ojs rule, 1994 cannot be equated with the present rule in question as contended by the petitioners in their writ applications. learned counsel for ..... care of the speedy disposal of petty cases which may impede the case of appointment of officers who are not in continuous touch of the procedural law. therefore, he cannot be considered to be eligible for the post of special judicial magistrate.6. the other petitioners have sought for a .....

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Sep 19 2006 (HC)

Sheo Prasad Singh and ors. Vs. State of Bihar and ors.

Court : Patna

..... i.p. singh, j.1. this application filed under section 482 of the code of criminal procedure, 1973 (in short the code) is directed against the entire proceeding of complaint case no. 566(c) of 2003(annexure-1) -pending in the court of shri ram binod singh, ..... complaint petition in this case. in this connection reference has also been made to section 340 of the code which provides for the procedure in cases mentioned in section 195 of the code. according to section 340 of the code if any court is of the opinion that it is expedient in the interest of justice that an ..... this panchnama. however, in the year 1999 the matter was reported to the police which recommended action under section 107 of the code against the parties. the petitioners are respectable villagers and not criminals. petitioner, sugrivha sharma is the ex-mukhiya of the gram panchayat. the panchnama will show that the father of the complainant got ..... before cognizance was taken it was held that the high court was right in directing that the magistrate is at liberty to proceed with the trial of the criminal case.12. the position of law is this connection has clearly been laid down in the case of budhu ram (supra) as mentioned above. from ..... circumstance it was held that the bar of section 195(i)(b)(ii) of the code will not be attracted and the high court was right in granting liberty to the magistrate to proceed with the trial of the criminal case. it further appears from the facts of this case that the magistrate has taken .....

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May 16 2006 (HC)

Brij Kishore Prasad, Vs. the State of Bihar

Court : Patna

..... j.n. bhatt, c.j.1. this is an application under section 482 of the code of criminal procedure. 1973 (in short 'the code'), by which the petitioners have made a prayer for quashment of the order dated 24.11.2005 of sub divisional ..... 608, the hon'ble apex court has highlighted. once again, the principles for the purpose of exercising powers under section 482 of the code for quashing the criminal proceedings. when and how such powers should be excercised are also articulated and expounded. obviously, such powers are to be exercised sparingly and with ..... case have also been examined.4. in order to avail the inherent powers of the high court under section 482 of the code for quashment of the criminal proceedings. it has to be shown that there is exceptional case for exercise of such powers. while exercising the jurisdiction under section ..... complaint petition or relevant papers, no offence is made out or constituted. the interference in minor matters with the help of section 482 of the code would be warranted only when the complaint or the first information report or the police papers do not, even on plain perusal, constitute, prima facie ..... 482 of the code, the high court would not embark upon a fresh inquiry - whether the allegations against the petitioners in the complaint is likely to be established or not. the power under section 482 of the code .....

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May 16 2006 (HC)

Pradeep Lal Poddar Vs. the State of Bihar and anr.

Court : Patna

..... j.n. bhatt, c.j.1. this is an application under section 482 of the code of criminal procedure, 1973 ( in short ' the code'), by which the petitioners have made a prayer for quashment of the order dated 09.9.2004 of sub divisional judicial magistrate, jhanjharpur, in c.r. no. 198 of 2004 ..... by which the learned court below has taken cognizance of the offence under section 498a of the indian penal code.2. the instant trial arises out of ..... and anr. (2005) 10 scc 608, the hon'ble apex court has highlighted. once again, the principles for the purpose of exercising powers under section 482 of the code for quashing the criminal proceedings. when and how such powers should be excercised are also articulated and expounded. obviously, such powers are to be exercised sparingly and with caution and not to stifle ..... police papers and record emerging from the present case have also been examined.4. in order to avail the inherent powers of the high court under section 482 of the code for quashment of the criminal proceedings, it has to be shown that there is exceptional case for exercise of such powers. while exercising the jurisdiction under section 482 of the .....

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Sep 28 2004 (HC)

Jagjit Singh Arora Vs. the State of Bihar and anr.

Court : Patna

..... complaint a magistrate finds that there is ground for proceeding further against the accused, he can issue process against him under section 204 of the code of criminal procedure. there are well settled principles upon which a prosecution at initial stage can be quashed. such grounds have been enumerated by the apex court ..... been heard.2. this is an application under section 482 of the code of criminal procedure praying therein to quash order dated 14.2.2001 by which cognizance of offence under sections 406 and 120b of the indian penal code had been taken, as well to quash the further prosecution arising out of ..... dishonesty cannot be attributed to the petitioner in the circumstances of the case while the company accepted the deposits, in my opinion makes continuance of criminal prosecution against the petitioner to be the abuse of the process of the court.23. this being so, this petition is allowed and impugned order ..... opinion of the court chances of an ultimate conviction were bleak and, therefore, no useful purpose was likely to be served by allowing a criminal prosecution to continue, the court may, while taking into consideration the special features of a case also quash the proceeding even though it might ..... only once a sum of rs. 10,000/- was remitted to the complainant which he had refused.9. a person is said to commit criminal breach of trust if he, being in any manner entrusted with the property, dishonestly misappropriates or converts to his own use that property or disnestly .....

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Jun 30 2006 (HC)

Krishna Murari Sinha, Vs. the State of Bihar and Asha Sinha

Court : Patna

..... rekha kumari, j.1. this is an application filed under section 482 of the code of criminal procedure, 1973 for quashing the order dated 21.6.2005 passed by sri mukesh upadhya, j.m. 1st class, biharsharif in complaint case ..... no. 639(c) of 2001 whereby he has ordered to issue summons against the petitioners for facing trial for the offences under sections 494 and 114 of the indian penal code ..... was not maintainable at biharsharif, nalanda. opposite party no. 2 then preferred revision application against that order. the learned 7th additional sessions judge, nalanda in criminal revision no. 408 of 2001 allowed the revision and directed the court below to hold further enquiry, holding that as the complainant-opposite party no. 2 ..... of her husband within the district of nalanda and hence, in view of section 182(2) of the code, the jurisdiction of the court at nalanda was not barred. after receipt of the order passed in criminal revision. sri mukesh upadhaya, j.m. 1st class, nalanda at biharsharif, considering the statements of the ..... complainant and her witnesses and the documents filed by her, found a prima facie case against the three petitioners under sections 494 and 114 of the indian penal code and passed the impugned .....

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