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...and his co-accused came on motorcycles armed with various kinds of weapons. The complainant was assaulted resulting in injuries one of which has resulted in addition of Section 326 IPC ...Station, Bilaspur, District Yamuna Nagar, under Sections 148, 149, 323, 324 & 506 IPC (later on Section 326 IPC was added).
According to the contents of the FIR, the petitioner...
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.101 CRM-M-22798-2023 (O&M...
...physical condition of accused
31
4.
Drop Purshis.
43
5.
Report for addition of section in FIR.
54
...of one month for offence under Section 427, simple imprisonment of one year for offence under Section 435 and fine of Rs. 2,000/-, and in default of payment of fine further simpl...months; simple imprisonment of two years for the offence under Section 436 and fine of Rs. 3,000/- and in default of payment of fine, further simple imprisonment of three months was impos...
...8 and for addition of Section 302 IPC in the FIR.
At the outset, learned counsel for the petitioner submits that let this petition be disposed of only with a direction to...
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH....
NAMIT KUMAR, J. (ORAL)
This petition has been filed by the petitioner under Section 482 Cr.P.C. for summoning the record and issuance of direction to official...
...of police, upon subsequent addition of offence punishable under Section 307 IPC in the above FIR. On 11.12.2019, notice of motion was issued. Learned counsel for the petitioner contends t...This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 81 dated...stage of registration of the FIR, offence punishable under Section 307 IPC was not incorporated in the FIR. According to him, the petitioner was arrested on 02.08.2019 and the concession ...
...has not been declared as dangerous to life and, thus, addition of Section 307 IPC in the FIR was with the intention of making the offence
1 of 2...rider is attached thereto i.e. addition of Section 307 IPC is just for the sake of doing so. The nature of the injury would need to be examined in this regard as well as whether the same has been...an iron rod and has been declared as grievous in nature. Thus, it cannot be said that Section 307 IPC has been added just for the sake of doing so. Accordingly, the FIR cannot be quashed on the basis...
...the trial Court for framing of charges, merely seeking the addition of Section 103 of the Bharatiya Nyaya Sanhita (BNS) in the FIR at the behest of the petitioner cannot be permi....
[1.0] By way of present petition, the petitioner prays for direction directing the police authority to add Section 103 of BNS in FIR at Annexure-
A...while exercising jurisdiction under Articles 226 and 227 of the Constitution of India. This is especially so in the absence of any material to prima facie establish whether an offence under Section 103...
...outcome of a sudden quarrel between the neighbours. The complainant has fully recovered from the injury which was the very basis of addition of Section 308 IPC in the instant FIR. The mat...oral request of learned counsel for the petitioners, in FIR No. 155 dated 15.11.2015, Section 308 IPC shall also be read. Registry is directed to make necessary correction...counsel for the petitioners contends that inadvertently the petitioners did not mention Section 308 IPC in the FIR as offence under Section 308 IPC was added later on. He apologises for this lapse. On...
...petitioner Ramjan for addition of Section 326 IPC along with other sections for the purpose of granting anticipatory bail in case FIR No.147 dated 14.03.2018 registered under Sec...motion was issued, said section was there in the FIR but after long delay, an application has now been moved for addition of this section. No interim order can be passed by add...interim protection vide order dated 29.05.2018. On the next date of hearing i.e. 20.07.2018 it was also pointed out by learned State counsel that Section 326 is also there in the FIR but same has not...
...the addition of Section 376 in the FIR, both the applicant and the victim got married and have a child out of the said wedlock, I am of the view that the applicant deserves to be enlarged...registered with Mahemdavad police station for the offence punishable under Sections 363 and 363 of Indian Penal Code. Section 376 of IPC was subsequently added in the FIR on 30th...is reflected in the FIR, provisions of sections 363, 366 and 376 of IPC, quantum of punishment, police papers, statements of witnesses and considering the fact that prio...
...medical record annexed with the reply filed by the State clarifies that the complainant did not suffer a mis-carriage. Thus, addition of Section 316 IPC in the FIR is not justified. All other injuries...Sadar Tauru, District Nuh, under Sections 148, 149, 323 & 506 IPC (Section 316 IPC added later on). According to the contents of the FIR, the petitioner and others assaulted the complainant. The...
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.206 CRM-M-17040-2023 (O&M...
...Sections 392 and 323 of the Indian Penal Code and for addition of Section 394 of the Indian R/CR.MA/28010/2017 ORDER Penal Code in the FIR. Having heard the learned coun...forgery punishable under Section 394 of the Indian Penal Code are spelt out. I have no hesitation in quashing this FIR so far as the offence of robbery is...Sections 394, 427, 504, 506(2) read with Section 114 of the Indian Penal Code. It appears that initially the FIR was registered for the offence punishable under...
...Code of
Criminal Procedure (for short “Cr.P.C”) for directing the respondents to
conduct fair investigation and addition of Section 450 & 325 read with Section
34 IPC ...
CRM M-53151 of 2018 Neutral Cita�on No. 2023:PHHC:104731
115 IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM M-53151-2018 (O&M...
Present: Mr. G.S. Ghuman, Advocate,
for the petitioner.
Mr. Joginder Pal Ratra, Sr. DAG, Punjab.
MAHABIR SINGH SINDHU. J.
Present petition has been filed under Section 482 of the...
...10.07.2020, the learned Additional Sessions Judge granted protection by way of three days' advance notice in case of addition of offence under Section 302 IPC. It appears that thereafter three co-...Magistrate) seeking addition of Section 302 IPC in FIR No. 77 dated 06.05.2020. That by order dated 21.08.2020, the learned Judicial Magistrate, First Class (Duty Magistrate) allowed the said application...after 30 years of service and the alleged incident is of the year 1991 and even in the present FIR initially there was no allegation for the offence under Section 302 IPC and the allegations were...
...present application under Section 482 of Cr.P.C. with a prayer for addition of Section 326 of IPC in FIR No.35 dated 29.03.2024 under Sections 307, 323, 324, 34 ...bail to him in case FIR No.35 dated 29.03.2024 registered under Sections 307, 323, 324, 34 of IPC (Section 326 of IPC added later on, while presentation of challan), at Police Sta...
CRM-M-33823-2024(O&M) -1-
105+215 IN THE HIGH COURT OF PUNJAB AND HARYANA...
...has remarked that the complainant had to run a marathon for getting her complaint registered as an FIR and more particularly for addition of charge under Section 376 IPC. In view of what we have...conspicuously missing.3. On the basis of the statement made on 31-5-2001, the FIR was registered and charge under Section 506 Part II of the Penal Code, 1860 (IPC) was framed in...wherein certain directions were issued. Ultimately, the police filed a revised charge-sheet stating that a prima facie case under Section 376 IPC was also made out. In view of addition of the charge under...
...the Arms Act. In view of the addition of Section 302 IPC in the FIR and deletion of Section 304 IPC, anticipatory bail granted to respondent No.2 shall no longe...grant of pre-arrest bail in FIR No. 06 dated 06.01.2018, registered under Sections 302 & 120-B IPC (lateron Section 201 IPC was added) and Sections 25 & 27 of the Arms Act...Sections 302 & 120-B IPC and Sections 25 & 27 of the Arms Act at Police Station City Tarn Taran. The Investigating Officer had later on deleted Section 302 IPC from the FIR...
..., 167, 169, etc., must have a bearing on the interpretation of Section 154. In addition, he emphasised that giving a literal interpretation would reduce the registration of FIR to a mechanical act...as an FIR and in such a case, the higher police officer has all the powers of recording an FIR and directing investigation into the matter. In addition to the remedy available to an aggrieved pers...of tampering with the evidence collected during the investigation.40. In addition, Mr Shekhar Naphade, learned Senior Counsel contended that insertion of Section 166-A ...
...of this Court that after addition of Section 307 IPC in the present FIR, earlier also an application was filed to summon present private respondents No. 2 to 4 before the Magistrate and learned JM...Addl. Sessions Judge, Fazilka vide which application under Section 319 Cr.P.C filed by the prosecution has been dismissed.Notice of motion was issued in this...the prosecution under Section 319 Cr.P.C to summon Lajinder Singh, Baldev Singh and Sukhjit Singh.The FIR in the present case has been got registered by...
..., leading to the addition of Section 377 IPC to the subject FIR, in my opinion, the subject FIR cannot be quashed, as the allegations levelled therein prima facie tantamount to mental depra...the serious allegations levelled by the complainant in the subject FIR as well as her statement recorded under Section 164 of the Code before the learned Magistrate on 16thJanuary, 2015...
#22
* IN THE HIGH COURT OF DELHI AT NEW DELHI th
Date of Decision...
....8. I hold that bail once granted cannot be automatically set at naught by an addition or subtraction of a section of the Indian Penal Code in the FIR. No...the Investigating Officer by merely adding a section to the FIR or in the daily diary.7. Having heard learned counsel for the parties, I am of the opinion that once a pre-arrest bail is...is not open to the police officer to set at naught the order of pre-arrest bail by merely tinkering with a section in the FIR. The learned Additional Sessions Judge, who has rejected the second...