Court : Allahabad
Reported in : AIR1954All501
..... and (g). in other words persons accused of theft, extortion or criminal misappropriation, receiving or retaining stolen property or assisting in the disposal or concealment of the some, or attempting and abetting the commission of any of these offences can be tried with persons accused of offences relating to counterfeit coin. i agree with the views expressed by the full bench of the ..... any other offence under the said chapter relating to the same coin, or of abetment of or attempting to commit any such offence'; 30. it will appear from a perusal of the ..... above sections that sections 234 and 235 are applicable only in those cases where the different offences have been committed ..... any such last named offence'; (f) 'persons accused of offences under sections 411 and 414 of the indian penal code or either of those sections in respect of stolen property the' possession of which has been transferred by one offence; and (g) 'persons accused of any offence under chapter xii of the indian penal code relating to counterfeit coin, and persons accused of .....Tag this Judgment!
Court : Mumbai Aurangabad
..... poured in her vagina in order to extract information from her. the offence related to treasure trove act and police wanted to recover gold coins found as treasure. the then judicial magistrate, first class reported the matter to the sessions judge in view of para 3 of chapter i of the criminal manual and on directions of the sessions judge, joint judicial magistrate, first ..... in para 28 of the judgment are as under: ??28. police is, no doubt, under a legal duty and has legitimate right to arrest a criminal and to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third degree methods, or torture of accused in custody during interrogation and investigation ..... such prosecution against a police officer may be entertained by the court, if instituted with the previous sanction of the state government within two years from the date of the offence. ? (2) . . . . . . . . (emphasis supplied) 8. learned counsel for the respondents relied on the case of virupaxappa veerappa kadampur vs. state of mysore, reported in air 1963 sc 849, in which the ..... of acts done under colour of duty as aforesaid not to be entertained, or to be dismissed if not instituted within the prescribed period:- (1) in any case of alleged offence by the revenue commissioner, the commissioner, a magistrate, police officer or other person, or of a wrong alleged to have been done by such revenue commissioner, commissioner, magistrate, police officer .....Tag this Judgment!
Court : Mumbai
Reported in : 1983(2)BomCR707
..... ) miniature paintings.7. as regards the material placed by the persecution in criminal case no. 78/s of ..... (other than gold coins) and currency notes; and(b ..... view of the matter, to my mind, the learned judge was duty bound to frame a charge against the accused in criminal case no. 78/s of 1980, for offence under section 191, read with section 193 of the i.p.c. i reiterate that since the learned counsel for the ..... offence of under-valuation made punishable by section 277, of the income-tax act and on 28-3-1980. criminal case no. 78/s of 1980, was filed by the department against the accused for the alleged offence of a false statement allegedly made by the accused on 9-1-1975, relating to the ownership of :(a) the coins ..... 1980, the learned magistrate appears to have taken a somewhat unsupportable view on the question as to whether the material placed before him by the prosecution in support of the of complaint disclose any offence .....Tag this Judgment!
Court : Chennai
Reported in : 1997(2)CTC585
..... of the accused has to be proved before/the court, section 173(8), code of criminal procedure comes into action permitting the investigating agency to once again swing into action to garner all facts that have come to surface relating to the offence. such new facts coining after the final report will be very rare and occasional because the prosecution would have left ..... is too short a period to complete the investigations when especially the respondent/investigation agency is unable to get proper co- operation in foreign lands to probe the information relating to this offence. the learned special public prosecutor would further submit that the previous petitions filed by these petitioners, crl.o.p. nos. 780 and 781 of 1997 were dismissed for ..... the respondent had filed the final report in this case even on 29.1.1997 before the additional chief metropolitan magistrate (economic offences), that thereafter, they filed a memo on 6.2.1997 under section 173(8), code of criminal procedure stating that as fresh information has been received by them, they are proceeding with the further investigation, that though sixty ..... after the investigation, when the final report is filed under section 173(2), code of criminal procedure, it is presumed that the prosecution has taken sufficient steps to gather all particulars relating to the occurrence and therefore, they had filed the final report enabling the court to take cognizance of the offences. but when new facts come to light after the final report .....Tag this Judgment!
Court : Kerala
Reported in : AIR1966Ker242; 1966CriLJ1136
..... be said that, in court or in relation to any proceeding in court, the petitioner instituted or caused to be instituted any criminal proceeding against any person or that he charged any person with having coin-milted an offence so as to attract section 195(1)(b) of the criminal procedure code in respect of his prosecution for an offence under section 211 of the indian penal code ..... . the commitment of the petitioner to sessions for that offence is therefore, not liable to be questioned on the ground the only ground ..... offence or in relation to any proceeding in that court, any more than it means that an offence under section 211 1. p. c. is not committed until a court has actually taken cognizance of the false charge. 2. i dismiss this petition for ..... a false charge punishable under section 211 i. p. c. unless it reaches the stage where it is committed in court or in relation to any proceeding in court. but that does not mean that a false charge of a cognizable offence made to the police must necessarily be viewed as made in the court competent to take cognizance of the alleged .....Tag this Judgment!
Court : Chennai
..... following offences involving moral turpitude: ".1. criminal conspiracy (section 120-b ipc) 2. offences against the state (sections 121-130 ipc) 3. offences relating to army, navy and air force (sections 131-134 ipc) 4. offence against public tranquillity (sections 153-a and 153-b ipc).5. false evidence and offences against public justice (sections 193-216- a ipc) 6. offences relating to coin and ..... government stamps (sections 231 to 263-a ipc).7. offences relating ..... on benefit of doubt or due to the fact that the complainant ".turned hostile". shall be treated as person involved in a criminal case. the explanation no.1, has no exemption, in case of an offence relating to section 498 a ipc. however, having held the provision valid, in the earlier decision, it has been decided by the ..... to religion (sections 295-297 ipc) 8. offences affecting human body (sections 302-304, 304-b, 305-308, 311- 317, 325-333, 335, 347, .....Tag this Judgment!
Court : Supreme Court of India
..... offences involving moral turpitude:1. criminal conspiracy (section 120-b, ipc) 2. offences against the state (sections 121 130, ipc) 3. offences relating to army, navy and air force (sections 131-134, ipc) 4. offence against public tranquility (section 153 a & b, ipc).5. false evidence and offences against public justice (sections 193- 216a, ipc) 6. offences relating to coin and government stamps (section 231- 263a, ipc).7. offences relating ..... to religion (section 295-297, ipc) 8. offences affecting human ..... body (sections 302-304, 304b, 305-308, 311-317, 325-333, 335, 347, 348, 354, 363-373, 376-376-a, 376-b, 376-c, 376-d, 377, ipc) 9. offences against property (section 379-462, ipc) 10. offences relating ..... to documents and property marks (section 465- 489, ipc) 11. offences relating to marriage and dowry prohibition act (section 498-a, ipc) 18. clause 3 of the comprehensive policy delineated .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(2)BomCR695; 1994CriLJ2393; II(1994)DMC195; 1994(1)MhLj202
..... code of criminal procedure. 11. the definition of 'moveable property' given in the indian penal code, is basically meant for the provisions contained in the indian penal code itself. the penal code classifies the offences under various heads. many of those heads deal with various items of moveable property. for instance, chapter xii of indian penal code deals with offences relating to coins and government ..... stamps. chapter xiii deals with offences relating to weights and measures. chapter xvii deals with moveables which could be stolen, robbed ..... or extorted. these chapters deal with tangible corporeal property. but there are offences categorised under some other heads which deal with intangible moveable property. such are .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1988CriLJ1011
..... p.c. enumerated in the later part of clause (a) of rule 3, it would be seen that chapter v-a deals with criminal conspiracy. chapter vi deals with offences against the state. chapter vii deals with offences relating to army, navy and air force. section 216a prescribes penalty for harbouring robbers or dacoits. section 224 deals with resistance or obstruction by a ..... person under lawful apprehension. section 225 deals with resistance or obstruction to lawful apprehension of another person if it is a case of escape from jail. section 231 deals with counterfeit coins. section ..... hereunder:3. classes of prisoners not to be released. the following classes of prisoners shall not be released under act : '(a) those convicted of offences under the madhya bharat vagrants and habitual offenders' and criminals (restrictions and settlement) act 1952, or any law in force in any region of the state corresponding to the said act, or the explosive substances ..... 232 deals with counterfeit indian coins, section 303 provides punishment for murder by a life convict. section 311 provides for punishment of a thug which according to section 310 means a person .....Tag this Judgment!
Court : Chennai
Reported in : (1966)2MLJ194
..... amplitude of the power. the indian penal code contains various categories of offences; offences against the state; offences against public tranquility, offences by or relating to public servants; offences relating to elections, coins and government stamps, weights and measures; offences relating to public health, safety, convenience, decency and of morals; offences relating to religion and human body; offences relating to property; and so on. section 5 of the penal code ..... provincial railways. a charge of the latter kind that the state in this case was in the guise of enacting criminal law usurping the centre's legislative power cannot in our view be laid. the fact that the offence relates to the constitution a matter of all-india concern, and insult to what is termed as national honour is ..... not have been intended to prevent the parliament of canada from declaring and enacting certain uses of property, and certain acts in relation to property to be criminal and wrongful. laws which make it a criminal offence for a man wilfully to set fire to his own house on the ground that such an act endangers the public safety, or ..... 'moral delinquency' is not involved, because the motive is not personal, but political. after a careful consideration of this aspect, i am inclined to feel that any grave criminal offence, which involves an element of guilty knowledge, and which thus transgresses the majesty of the law of crimes, will necessarily involve also an element of moral delinquency ' because .....Tag this Judgment!