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Judgment Search Results Home > Cases Phrase: offences against state criminal Page 1 of about 250,407 results (0.480 seconds)

Feb 21 1989 (FN)

Mesa Vs. California

Court : US Supreme Court

..... defense: "it ought, therefore, to be considered as settled that the constitutional powers of congress to authorize the removal of criminal cases for alleged offences against state laws from state courts to the circuit courts of the united states, when there arises a federal question in them, is as ample as its power to authorize the removal of a civil case ..... to allege it and transform those pleading requirements into an independent basis for jurisdiction. mesa and ebrahim have not and could not present an official immunity defense to the state criminal prosecutions brought against them; imbler v. pachtman, 424 u. s. 409 , 424 u. s. 429 (1976) ("this court has never suggested that the policy considerations which compel ..... in which the violations occurred or abandoning those prosecutions. it is hardly consistent with the "strong judicial policy" against federal interference with state criminal proceedings to permit removal of state criminal prosecutions of federal officers, and thereby impose potentially extraordinary burdens on the states when absolutely no federal question is even at issue in those prosecutions. pp. 489 u. s. 136 - ..... 489 u. s. 123 justice o'connor delivered the opinion of the court. we decide today whether united states postal service employees may, pursuant to 28 u.s.c. 1442(a)(1), remove to federal district court state criminal prosecutions brought against them for traffic violations committed while on duty. i in the summer of 1985, petitioners kathryn mesa and .....

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Mar 27 2003 (HC)

Dr. Anup Kumar Srivastava Vs. State

Court : Delhi

Reported in : 2003IIIAD(Delhi)129; 104(2003)DLT393; 2003(68)DRJ247

..... advantageous to quote certain provisions towards which the attention of this court has been drawn. section 196(2) of the code reads as under :- '196. prosecution for offences against the state and for criminal conspiracy to commit such offence. -- (1) no court shall take cognizance of - (a) xx xx xx (b) xx xx xx (c) xx xx xx (1a) xx xx xx (a) xx xx ..... ), other than a criminal conspiracy to commit (an offence) punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the ..... state government or the district magistrate has consented in writing to the initiation of the proceeding: provided that where the criminal conspiracy is one to which the provisions of section ..... xx (b) xx xx xx (2) no court shall take cognizance of the offence of any criminal conspiracy punishable under section 120b of the indian penal code (45 of 1860 .....

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Feb 15 1999 (HC)

Kandi Buchi Reddy Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1999(3)ALD193; 1999(1)ALD(Cri)450

..... ) any offence punishable under chapter vi or under section 153-a (section 295-a or sub-section (1) of section ..... that in terms of section 196 of the code of criminal procedure, before a court takes a cognizance of the offence under section 124-a ipc, sanction of appropriate government is necessary. section 196(1) of the code of criminal procedure lays down:'section 196. prosecution for offences against the state and for criminal conspiracy to commit such offence: (1) no court shall take cognizance of (a ..... 505) of the indian penal code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any ..... such abetment, as is described in section 108-a of the indian penal code (45 of 1860) except with the previous sanction of central government or the state government.' admittedly, section 124-a ipc is an offence contained under chapter-vi of the indian penal code .....

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Nov 15 1995 (HC)

M. Mohan Reddy Vs. Jairaj D. Bhale Rao and anr.

Court : Andhra Pradesh

Reported in : 1995(3)ALT630; 1995(2)ALT(Cri)716

..... the new criminal procedure code, intended to permit the offences against other laws to be compounded. 10 ..... by this section', i.e., the prohibition is regarding compounding of offences mentioned in that section only; since the new criminal procedure code is silent regarding the compounding of offences against other laws; especially since the column in the second schedule to the old criminal procedure code stating the offences against the other laws are not compoundable, is deleted in the new criminal procedure code, it can be safely inferred that the legislature, while drafting ..... . the provision of section 320 of the criminal procedure code (new) permitting an agreement between the injured person and .....

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Nov 11 1997 (HC)

Vali Siddappa and Others, Etc. Vs. State of Karnataka

Court : Karnataka

Reported in : 1998CriLJ1879; ILR1998KAR1796

..... to commit such offence (1) no court shall take cognizance of - (a) any offence punishable under chapter vi or under section 153-a, section 295-a or sub-section (1) of section 505 of the indian penal ..... the offence under section 295-a, i.p.c. is a condition precedent, and, if so, whether or not the said sanction order bearing no. mag/law/194/94-95 dated 24th july, 1994 is a valid sanction order. 5. the material portions of section 196, cr.p.c. are as extracted below :- '196. prosecution for offences against the state for criminal conspiracy ..... for prosecution of the petitioners accused. the criminal prosecution of the accused in c.c. no. 554 of 1994 stands challenged by them in this revision on the ground that obtaining of requisite sanction under section 196, cr.p.c. for the offence under section 295-a, i.p.c. from the state government is a condition precedent, and that ..... code, 1860, or (b) ...... ....... ...... ........ (c) ...... ....... ...... ........ except with the previous sanction of the central government or of the state government. (2) ..... ....... ........ ......... (3) .....

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Jun 20 2000 (HC)

Karnati Bhaskar and ors. Etc. Vs. State of A.P. and ors. Etc.

Court : Andhra Pradesh

Reported in : 2000(2)ALD(Cri)231; 2000CriLJ3983

..... virtue of section 190 of the code of criminal procedure) to take cognizance of offences. each of the above mentioned sections deal with certain categories of offences enumerated in the indian penal code. section 195 deals with the offences against the public justice and offences relating to documents given in evidence. section 196 deals with the offences against the state and for criminal conspiracy. section 197 of course, does not ..... deal with any specific category offence but deals with the status of a person who ..... is alleged to have committed an offence. the section prescribes certain procedure before an .....

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May 06 1991 (HC)

State of Punjab Vs. Sunder Singh and ors.

Court : Punjab and Haryana

Reported in : 1992CriLJ1330

..... any offence punishable under chapter vi or under section 153a (section 295a or sub-section (1) of section 505) of the indian penal ..... the prescribed authority as required under section 196a of the code of criminal procedure, hereinafter referred to as the 'code' and the case could not proceed. on that application, the impugned order was passed.section 196 of the code reads as under :--prosecution for offences against the state and for criminal conspiracy to commit such offence :-- (1) no court shall take cognizance of --(a) ..... 505 of the indian penal code, 1860 (45 of 1860), or(b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate.(2) no court shall take cognizance of the offence of any criminal conspiracy punishable under section 120b of the indian penal code (45 of 1860), ..... sunder singh and others, accused for want of sanction required under section 196 of the code of criminal procedure with the further observation that the prosecution would be at liberty to launch the prosecution against the accused after obtaining the necessary sanction. the state has come up in appeal.2. on january 25, 1972 shri amar singh, a p.c.s .....

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Oct 23 1989 (HC)

Acharya Rajneesh Vs. Naval Thakur and ors.

Court : Himachal Pradesh

Reported in : 1990CriLJ2511

..... imprisonment of either description for a term which may extend to one year, or with fine, or with both.''196. prosecution for offences against the state and for criminal conspiracy to commit such offence.--(1) no court shall take cognizance of--(a) any offence punishable under chap. vi or under section 153-a, section 295-a or sub-section (1) of section 505 of the ..... the offence alleged; there may not be the requisite sanction.11. in view of the aforesaid discussion, these principles apply in the present ..... 505 of the indian penal code, 1860 (45 of 1860), or(b) a criminal conspiracy to commit such offence,except with the previous sanction of the central government or of the state government or of the district magistrate.(2) no court shall take cognizance of the offence of any criminal conspiracy punishable under section 120-b of the indian penal code (45 of 1860 ..... (r. p. kapur v. state of punjab) wherein the apex court, without being exhaustive to the principles which may come in aid of the court for examining cases for quashing such proceedings, laid down guidelines and two such are : where the allegations do not constitute the offence alleged and where there is legal bar against the institution of the criminal proceedings in respect of .....

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Jun 16 2011 (HC)

Cardinal Telesphore P. Toppo @ Telesphore P. Cardinal Toppo Vs. State ...

Court : Jharkhand

..... obtained under section 196 code of criminal procedure to proceed against the petitioner for the alleged offence under sections 153a/295a/298/120b of the indian penal code. section 196 code of criminal procedure provides;- " prosecution for offences against the state and for criminal conspiracy to commit such offence.- (1) no court shall take cognizance of- (a) any offence punishable under chapter vi or ..... under section 153-a,[section 295-a or sub-section (1) of section 505] of the indian penal code (45 of 1860), or (b) a criminal conspiracy to commit such offence, ..... exercise and without application of judicial mind, the learned judicial magistrate observed that a prima facie offence was made out against the petitioner and others which could not be sustained under law. the learned counsel on the point of maintainability of criminal prosecution submitted that the occurrence took place on 06.01.1991 being the date of publication ..... of the indian penal code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate.] (2) no court shall take cognizance of the offence of any criminal conspiracy punishable under section 120-b of the indian penal code (45 .....

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Jun 12 2017 (HC)

Ashwath and Others Vs. The State Through Aland Police Station, Represe ...

Court : Karnataka Kalaburagi

..... of- (a) any offence punishable under chapter vi or under section 153a, [section 295a or sub- section (1) of section 505] of the indian penal code ..... of the central government or by the state government is very much essential as contemplated under sec. 196 of the cr.p.c. for the purpose of brevity, i quote sec. 196 of cr.p.c, which reads as under; sec. 196 of cr.p.c. "prosecution for offences against the state and for criminal conspiracy to commit such offence-(1) no court shall take cognizance ..... ) of section 505 of the indian penal code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate] (2) no court shall take cognizance of the offence of any criminal conspiracy punishable under sec. 120b of the indian penal code (45 of 1860), other ..... than a criminal conspiracy to commit (an offence) punishable with death, imprisonment for life or rigorous imprisonment for a term of .....

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