By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed

HANIF USMANBHAI KALVA & 3 Versus STATE OF GUJARAT By this application under section 482 of the Code of Criminal Procedure, 1973, the applicant’s original accused persons call in question the legality and validity of the order dated 31.12.2012 passed by the learned Additional District Judge & Additional Sessions Judge, Bhavnagar below exhibit – 7 […]

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The question, therefore, emerges as to whether the complainant/informant/ prosecution would be precluded from seeking a remedy if the investigating authorities have failed in their duty by not including all the sections of the IPC on which offence can be held to have been made out in spite of the facts disclosed in the FIR

At this stage, the Chief Judicial Magistrate after submission of the charge sheet appears to have entertained an application of the Complainant for the addition of three other sections into the charge sheet, completely missing that if it were a complaint case lodged by the complainant before the magistrate under section 190 (a) of the […]

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FACT The appellants in this appeal are the parents of one Abhimanyu Singh who was married to Renu on 24.02.2014. Renu was found dead on 27.11.2014 i.e. within ten months of the wedding. The cause of death was Asphyxia due to hanging. An FIR was lodged by respondent No. 2 herein (Father of deceased) alleging that Renu was done to death by her husband Abhimanyu Singh as well as his parents (appellants herein) for not satiating the dowry demands of the accused persons.

BALVEER SINGH & ANR Vs. STATE OF RAJASTHAN & ANR FACT The appellants in this appeal are the parents of one Abhimanyu Singh who was married to Renu on 24.02.2014. Renu was found dead on 27.11.2014 i.e. within ten months of the wedding. The cause of death was Asphyxia due to hanging. An FIR was […]

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Para 4: I take notice of the fact that the Investigating Officer filed a report in the Court of the Judicial Magistrate First Class, Deesa for the addition of Section 326 of the Indian Penal Code on the ground that the injured sustained a fracture in her hand.

Sureshkumar Taraji Mali V/s. State of Gujarat Para 4: I take notice of the fact that the Investigating Officer filed a report in the Court of the Judicial Magistrate First Class, Deesa for the addition of Section 326 of the Indian Penal Code on the ground that the injured sustained a fracture in her hand. […]

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There was a private complaint within the meaning of section 190(1)(a) of the code. The matter was referred to the Police under section 156(3).

In H.S. Bains (supra), there was a private complaint within the meaning of section 190(1)(a) of the code. The matter was referred to the Police under section 156(3). The Investigating Officer filed a final report. Therein, the court took view that apart from the power of the Magistrate to take cognizance notwithstanding the final report, […]

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The Magistrate could not be compelled to treat the protest petition as a complaint.

The Magistrate could not be compelled to treat the protest petition as a complaint. VISHNU KUMAR TIWARI VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY HOME, CIVIL SECRETARIAT LUCKNOW AND ANOTHER The second respondent, in this appeal generated by special leave, got registered a First Information Report which invoked Sections 201, 304B and 498A of the […]

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Addition & Deletation Section In FIR & Report u/s. 169 Cr.P.C.

Addition & Deletion Section In FIR & Report u/s. 169 Cr.P.C. CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS Cognizance of offences by Magistrates. – Subject to the provision of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of […]

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. Upon a seizure under Section 52(1), the officer affecting the seizure has to either produce the property before the Authorized Officer or to make a report of the seizure under sub-section (2) of Section 52.

The State of Madhya Pradesh Versus Uday Singh Our analysis of the amendments brought by MP Act 25 of 1983 to the Indian Forest Act 1927 leads to the conclusion that specific provisions have been made for the seizure and confiscation of forest and of tools, boats, vehicles and articles used in the commission of […]

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