CiteTEXT
...dated 4.8.2012 passed by the learned Judicial Magistrate, 1st Class, Begusarai in Mufassil P.S Case No. 35 of 2005, whereby he refused to add charge under Section 411 of the Indian Penal Code (for short ‘.... Accordingly, finding a prima facie case to be made out for the aforesaid offences, the accused persons were summoned to face trial. At the stage of framing of charge, an application under ...CrPC was filed by the petitioner with a prayer to frame charge under Section 411 of the IPC also. The aforesaid prayer of the petitioner was rejected by the learned Judicial Magistrate, 1 Class...
...charged with the offence under section 447 IPC.
14. In view of the above, I am of the view that charge framed against the petitioner on 13.12.2013 is no...Section 447 IPC.
2. Learned counsel for the petitioner submits that the Trial Court has erred in framing a charge and not appreciating that petitioner was the allottee and.... Section 447 is punishment for Criminal Trespass which is defined under section 441 to be committed when a person enters into or upon property in the possession of another with intent to commit an offence...
..., Bathinda.5. On merits, it denied all the allegations and prayed for dismissal of the petition.
6. On 7.12.2007, charge under section 447 read with ...Singh accused-petitioner filed revision petition against the said order of framing charge under sections 447 read with section 511 ipc in firno.239 dated 2.5.2006 registered at Police...investigation conducted after expiry of six months as provided under section 167(5) of the cr.p.c. It has been further alleged that the offences under Sections 447 and 511 IPC both are to...
...brought on the record by the investigating agency to proceed against the petitioner for the offence under Section 447 of the IPC, still the learned Judicial Magistrate-1st Class has taken cognizance ...Class, Raxaul have completely erred in lodging of the FIR and passing of the order taking cognizance and framing of charge against the petitioner under Section 447 IPC, ...of written report of the informant Ajay Kumar Pankaj (AFRRO, ICP, Raxaul) giving rise to Raxaul (Haraiya) P.S. Case No. 115/2021 under Section 447 of the India Penal Code (in short 'IPC')...
...respondents, the learned trial court framed charge under Section 148, 447, 302 and in the alternative under Section 302/149 IPC. After framing ...charge-sheet under Section 302, 447, 147, 148 and 149 IPC was filed against the respondents in the court of Munsif and Judicial Magistrate, Loonkaransar from where case ...court for acquitting the respondents from the charge levelled against them under Section 302 and in the alternative under Section 302/149 IPC and under Section ...
....
16. In view of above, this Court is of the opinion that trial court has not committed any error in framing charge for offence under Section 147, 148, 149, ...the basis of aforesaid report, a FIR No. 58/2017 was registered at Gotan Police Station for offence under Section 147, 148, 149, 447, 325, 307 IPC and after completion of investigation, the police...filed a challan against the petitioners for offence under Section 147, 148, 149, 447, 325, 307, 120B IPC and the case was committed to the court of Additional Sessions Judge, Merta where charges were...
...R.S Sodhi, J.:— This revision petition is directed against the order dated 18th August, 2003, whereby the learned CMM in his order framing charge has held that he finds no reason why the accused who was in illegal possessi...Section 173 Cr.P.C on which report the Magistrate has framed a charge under Section 447 IPC. The order framing charge and proceedings emanating therefr...Metropolitan Magistrate on the basis of material collected during investigation came to the conclusion that prima facie the accused had committed an offence under Section 447 IPC and framed charges...
...prosecution against the accused. Learned Judicial Magistrate although held that offence under Section 13-A of the Act is not made out but held that the offence under Section 447 IPC is at...noting that neither offence under Section 13-A of the Act is made out against the accused nor offence under Section 447 read with Section 34 IPC is mad...Sections 447/34 IPC and Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as...
..., submits that very surprising part of the present case is that though there was no ingredients of Section of 447 of IPC nor it was taken in consideration at the time of ...No. 09/2021, is upheld. However, conviction and sentence of the accused under section 447 of IPC, is hereby set aside as the same is erroneous in view of the fact that no consideration wa...nor charge was framed under Section of 447 of IPC with an advise and observation that the learned Special Judge, POCSO, to be more...
.../149 IPC. Thereafter, the case was committed to the Sessions Judge, Jalore, who after hearing learned counsel for the parties has observed that no case for framing of charge under Section 307 ...for framing charge for the offence punishable under Section 307/149 IPC against the accused persons.
6. Having regard to the overall facts and circumstances of the cas...submitted that the trial court has grossly erred in not framing charge against the accused persons for the offence punishable under Section 307 IPC. It is further submitted that the injured namely...
..., Sikar. By the former order, the learned Magistrate had rejected the application filed by the petitioner for framing a charge for offence under Section 447 IPC against the respondent Nos. 2 to 4....the Revisional Court with regard to the non-committing of the offence under Section 447 IPC, the trial court may not, subsequently, modify the charge and frame a charge for offence .... According to the learned counsel, the trial court should be free to modify the charge and frame the charge under Section 447 IPC on the basis of evidence which may be produced by the pr...
.... 327/2016 for offence under Sections 498-A, 376/109, 354/109 r/w Section 498-A, 376/511 of IPC and also under Section 354 of IPC against respondent no. 4 and accordingly, the Tr...the respondents have been acquitted of the charges under Sections 498-A of IPC and under Section 3/4 of the Dowry Prohibition Act.
2. The necessary facts for ...registered by Police Station Kolaras, District Shivpuri for offence under Section 498-A of IPC and under Section 3/4 of the Dowry Prohibition Act.
3. The resp...
...Criminal Case No. 1012/2014, whereby a multi-headed charge under Sections 294, 323 read with Section 34, 452, 447 and 506 (part II) of the IPC has been framed against th...the charge has been assailed mainly on the grounds that Ramkripal Mishra is husband of victim...under Section 161, the role that has been ascribed to Ramkripal Mishra in the incident is that he stood there and was abusing the victim filthily. He was exhorting the remaining accused persons to push...
...Judicial Magistrate, 3rd court at Contai, Purba Medinipur on a charge for having committed the offences punishable under sections 447/323/325/354/34 IPC. The trial was...commenced on December 1, 2009 for framing of the charge.During the trial on July 28, 2014 invoking section 311 CrPC, an application was filed from the side of the prosecution for tendering...to the notice of the learned Public Prosecutor, conducting the trial and an application under section 311 CrPC was filed. She further submitted that this is a case where the trial was commenced in the...
...stage of the trial, complainant moved application under Section 216 Cr.P.C. for framing additional charge against the petitioners under Section 458 IPC...aside order of the trial Court dated 09.10.2013, whereby application of the complainant under Section 216 Cr.P.C. for addition of charge under Section 458 ...445 IPC, which define lurking house-trespass and house breaking, respectively, urged that to charge-sheet a person under Section 458 IPC, ingredients of both the aforesaid Sections are necessarily...
...substantially akin to each other and may be, to some extent, over-lapping. Law enunciated by Supreme Court with reference to provisions of Section 482 Cr. P.C can therefore be also applied to proceedings ...whereas owner of land had not received full payment. Learned trial court was justified in framing charge for offence under Secs. 420 and 447 of the IPC because prima facie those offences ...merits so as to find out whether or not there was any justification for framing of charge for offences under Sections 420 and 447 IPC on the basis of evidence available on record....
...discharge, which was allowed in part. The Special Court, though held that there was no ground for framing charge under sections 353/120B of the IPC and section 12 of the P.C. Act, was sat...under sections 419/353/447/120B of the Penal Code, 1860 (“IPC”, hereafter) read with section 12 of the Prevention of Corruption Act (“P.C. Act, hereafter) was registered against the appel.... Investigation that followed culminated in a report (charge-sheet) being filed under section 173(2) of the Code of Criminal Procedure (“Cr. P.C.”, hereafter). Since the offence under ...
Can't display summary as content is Scanned, Please open the judgment to see full content.
Can't display summary as content is Scanned, Please open the judgment to see full content.
...order framing charge and observed that there was an error in dropping Section 457/380 IPC and directed the trial Court to reframe the charge. The concluding paragraph reads as under:-...Section 380/457 IPC and charge was only framed under Section 447/511 IPC and trial is proceeding and two witnesses had been examined till November 2014.7. I have heard lear...committed by the accused persons. The Ld. Trial Court has committed error in framing the charge by dropping the Sections 457/380 of IPC. Accordingly, the impugned order is set aside and the Ld. Trial Court...