Court : Rajasthan
Reported in : 1976WLN448
..... , out of them, the ones that can be considered relevant for our purpose are (1) to commit any mischief, criminal trespass or other offence, or (2) by means of criminal force or show of criminal force, to any person to take or obtain possession of any property etc., or to enforce any right or supposed ..... acquitted the accused of the charge of criminal trespass under section 447 ipc he has also come to the conclusion that the field in question was o joint ..... immaterial what the offence is and whether the irregularity occasioned any prejudice the absence of a charge under one or other of the various heads of criminal liability for the offence cannot be said to be fatal by itself and before a conviction for the substantive offence without a charge can be ..... with the work of unloading. moreover whatever common object was alleged, that too was not proved. in the charge the common object stained was to commit criminal trespass, while the common object that was proved, was to chastise girdhari and party. serious prejudice has thus by this change, been caused to the ..... right, vide clause third and fourth of section 141 ipc.9. now there is no question of committing mischief. the learned trial judge has .....Tag this Judgment!
Court : Kolkata
Reported in : (1995)2CALLT56(HC)
..... accused petitioner had not made over the possession of the premises and she was in possession of the premises in question.24. the allegation of mischief, criminal conspiracy and house; trespass is intertwined with the offence of house trespass as alleged in the petition of complaint. the question of house trespass ..... herein had left the premises and in conspiracy with accused no. 2 & 3, the accused no. 1 trespass into the premises and caused mischief.23. so nowhere in the petition of the complaint the allegation has been made that the petitioner in the instant petition had ever made over ..... tion 401 does not contemplate quashing of the proceeding though the sections contemplate setting of an order. only under section 482 of the code of criminal procedure a proceeding can be quashed. by the instant applica- tion under section 482 the petitioner has challenged the proceeding for qua- shing and ..... behalf of the accused no. 1, petitioner herein, for being permitted to be represented by her pleader as contemplated under section 205 of the criminal procedure code.6. the 1d. magistrate fixed 2-3-94 for hearing of that petition and directed the present petitioner to appear before the court on ..... had tresspassed into the said 1st floor flat along with some nepali foreigners and at the instigation of the present accused-petitioner, they are causing mischief to the wooden moveable propesties of the said trust such as windows, bathroom fittings, parapet iron railings etc.3. the trust lodged an fir .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1921All95; 59Ind.Cas.850
..... of the wall and put them in another place in the compound of pandit bhagwati prasad. pandit bhagwati prasad thereon lodged a complaint of mischief, criminal trespass and assault against the accused. as i have said above, they have all been convicted by the magistrate under various sections. this conviction ..... into the other points raised in this revision. i, therefore, set aside the convictions and sentences. the order under section 106 of the criminal procedure code falls with the setting aside of the conviction in the present case. having regard to the fact that both the parties are respectable residents ..... in my opinion, the trial of this case is wholly vitiated by the above proceedings. the provisions of chapter xxi of the code of criminal procedure are mandatory and have to be followed. it is not the conviction under any particular section of the indian penal code which decides ..... of the accused immediately following the examination of the complainant was not justified by the procedure laid down in chapter xxi of the code of criminal procedure. however, to proceed further, the case was again adjourned to the 22nd of may 1920 at the request of the complainant. on ..... illegal and has seriously prejudiced the accused;(5) because of certain arbitration proceedings the complainant was prevented from proceeding against the applicants in the criminal courts.3. the parties to these proceedings are respectable gentlemen of meerut and it has taken the learned gentleman appearing on either side .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All161; 1965CriLJ413
..... other offence. there is no suggestion on behalf of the respondents that five or more persons had collected on the scene with the common object of committing mischief, criminal trespass or other offence. as already observed, d.w. ram swarup head constable, on the other hand, clearly admitted that the persons who had gathered round him were all members ..... keep in view the above principle of law of interpretation of statutes, when they held that the police derived their power of preventive arrest not only from the code of criminal procedure but also from section 23 of the police act. 15. at any rate, whatever may have been the state of law before, now all laws are subservient to the .....Tag this Judgment!
Court : Mumbai
Reported in : (2000)102BOMLR605
..... thug, hurts as simple hurt, grievous, voluntarily caused hurt with deadly weapons for wrongful confinement and restraint, criminal force, assault, extortion, kidnapping, abduction by force and sexual offences. chapter xvii is in respect of theft, extortion, robbery, dacoity, cheating, mischief, criminal trespass and etc. it will therefore be clear that all those offences are made punishable and seriously punishable because ..... the effective range of these activities then such activities may not create fear, panic or terror in the society.10. a 'dangerous person' and 'habitual criminal' are both criminals. both indulge in criminal activities but the former succeeds in creating terror, fright or fear in the society by ruthlessness, cruelty and ferociousness of his illegal activities. the activities may ..... and arrest such persons and prosecute them. however, legislations like m.p.d.a. act are found necessary because this ordinarily criminal law is insufficient and incompetent to deal with such persons. even if he is arrested and prosecuted such a person has a right to apply for bail, is released ..... daring to go to the police or to oppose him in any manner whatsoever.14. it is true that society has evolve a system of criminal jurisprudence to deal with such criminals. the ordinarily criminal law is there for this purpose and it requires citizens to report such incidents to the police, police to register offences, carry out investigation .....Tag this Judgment!
Court : Kerala
Reported in : 1955CriLJ414
..... with deadly weapons, dacoity with murder, murder, voluntarily causing hurt by dangerous, weapons, voluntarily causing hurt to deter public servant from his duty, committing mischief, criminal conspiracy, and waging war against the raj pramukh. when the charge-sheet was filed i court, accused no. 18 therein was already dead, and ..... with him to sooranad that afternoon.2. the 4th accused took the leading part in calling together this meeting.3. in pursuance of the criminal conspiracy entered into at the pathirikkal dam, the appellants and their friends formed together into an unlawful assembly having the common object of assaulting ..... that subsequent to the occurrence in this case, the janadhipathya tjvajana sangham was declared an unlawful association by the government of travancore-cochin under the criminal law amendment acts i of 1114 and vi of 1125 and that pws. 39, 44 and 49 who were members of the sangham would ..... murder the police men and seize from, them the weapons they had brought. for this purpose they are said to have entered into a criminal conspiracy and also to have formed themselves, into an unlawful assembly with the above common object. according to the prosecution the accused mentioned in ..... ex. bs charge-sheet, including the appellants before this court, were present at the meeting on 25-12-1949, and they entered into a criminal conspiracy at that meeting to attack the police and wage war against the raj pramukh and overthrow the established government.(b) a few days after .....Tag this Judgment!
Court : Mumbai Nagpur
..... police act, criminal house trespass, preparation to commit dacoity, causing hurt while committing robbery and kidnapping for ransom. it may be noted here that the petitioner ..... petition. it is also not disputed that about 21 criminal cases were pending against the petitioner in the courts at nagpur, mainly pertaining to gittikhadan police station, nagpur. the said 21 cases pending against the petitioner cover variety of cases including cases under the arms act, robbery, extortion, mischief, criminal intimidation, contravention of prohibitory orders issued under the bombay ..... satisfaction of the authority concerned is of the prime importance in such cases. in the present case, it may be noted here that a large number of criminal cases are pending against the petitioner in which the prosecution has to examine its witnesses to establish the charges against the petitioner though last offence allegedly committed by ..... of cases including the cases under the mcoc act. though certified copies of the judgments of the trial court have not been produced before me, it is submitted criminal cases are pending against the petitioner. mr. barapatre has submitted that the last offence allegedly committed by the petitioner, according to the impugned order, itself is of .....Tag this Judgment!
Court : Patna
Reported in : 2004(3)BLJR1952
..... taking over the assets of the hotel and in presenting the cheques given by the complainant to the bank the accused petitioners had committed the offences of dacoity, cheating, misappropriation, mischief, criminal trespass and defamation in conspiracy with each other,7. on the basis of the complaint the magistrate took cognizance of offences as indicated above.8. the inherent falsehood of the ..... offences would be committed by the accused-petitioners by their action of putting the hotel premises under attachment and taking an inventory of its properties. if courts were to start criminal proceedings against the officials and functionaries of financial institutions for taking measures for recovery of loans, it would become impossible for the financial institutions to recover the loans, which, as .....Tag this Judgment!
Court : Delhi
Reported in : 123(2005)DLT236; 2005(83)DRJ508
r.s. sodhi, j. 1. this revision petition is directed against the order dated 10th december, 2003, of the learned additional sessions judge in crl.a.56/03, 63/03, 64/03, 65/03, whereby the learned judge while upholding the order on conviction dated 4.10.1999 passed by the trial court, has reduced the sentence to ri for six months and fine of rs. 1000/- for offence under section 448 ipc, though maintaining the sentence of ri for six months and fine of rs. 1,000/- under section 427 ipc and ri for six months and fine of rs. 1,000/- for offence under section 506/34 ipc in default of payment of fine to further undergo si for two months in each section as awarded by the learned trial court vide its order dated 6.10.1999. all the sentences were directed to run concurrently.2. as per the letter no. f.2/scj-2/cj-2/as(ct)/2005/3759 dated 30th may, 2005 of the superintendent, central jail no. 2, tihar, new delhi, the petitioner no.1 has already completed the sentence of imprisonment imposed upon him. as such, the revision petition against him is abated.3. with the assistance of learned counsel for the petitioner nos. 2 and 3 and learned counsel for the state i have gone through the material on record. learned counsel for the petitioner nos. 2 and 3 submits that he is not in a position to challenge the order of conviction on merit. i, thereforee, confirm the order of conviction. however, on the question of sentence, it is argued by learned counsel for the petitioners that the occurrence .....Tag this Judgment!
Court : Allahabad
Reported in : 1972CriLJ59
..... immoveable, of him self or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass, 'mischief' has been defined in section 425 of the indian penal code; 'whoever, with intent to cause or knowing that he is likely to cause ..... caused to the other side in the exercise of that right would be protected under section 97. the view which take of the matter so far as the offence of mischief is concerned is supported by the following cases : empress v. shanker lal (1887) all. wn 101. in re rao nihalkaran : air1958mp341 hari bilash shau v. narayan das agarwala ilr (1938 ..... hands. the law does not permit a citizen to take the law in his own hands for the redress of a civil matter. the law protects a citizen only against criminal trespass by resort to the exercise of the right of defence of property. under section 97 of the indian penal code, the act of bisram and ram bharosey in demolishing ..... chhotey lal. having regard to the admitted facts as emerging from the prosecution evidence, to my mind. bisram and ram bharosey were clearly guilty of commission of the offence of mischief as defined under section 425, i. p. c. in destroying the mend which was earlier constructed by chhotey lal. if bisram believed that chhotey lal had trespassed over his land .....Tag this Judgment!