...failing to do so he was culpable within the meaning of Section 287 of IPC as well as Section 338 thereof. Section 287 of IPC reads as...apparent from the above section that the applicant cannot be held guilty of the first part of Section 287 of IPC as he was not present at the spot when the alleged accident occurred. Howe..., according to second part of Section 287, IPC, by the person who is holding possession or is caretaker thereof. 4. The applicant had given thrasher on hire to Smt. Pramod Devi Paliwal...

...holding the petitioner (hereinafter referred to as the accused) guilty of the offence punishable under Section 287 of IPC. 2. The charge sheet was laid against the accused alleging...charges under section 287 and 304(a) of ipc and the charge : 3 : under Section 279 was dropped. After trial, the learned Magistrate acquitted the accused of the charge under Section 304(A...accused under Section 287 of IPC. The learned counsel submits that, under the said circumstances, imposition of sentence of imprisonment is disproportionate to the offence proved against the petit...

...accident resulting into registration of FIR No. 40/2022 and consequent criminal proceedings. Admittedly, the driver was not on the wheel when the vehicle went off the road. Section 287 of IPC has been...Satyen Vaidya, J.:— By way of this petition, a prayer has been made to quash FIR No 40/2022, dated 26.04.2022, under Sections 287, 336, 337 and 338 of Penal Code, 1860, registered at...finds that the quashing of FIR and criminal proceedings will serve the interest of justice. Accordingly, the petition is allowed. FIR No 40/2022, dated 26.04.2022, under Sections 287, 336, 337 and 338...

...the absence of essential ingredient so as to constitute the offence under Section 287 of IPC, the registration of the aforesaid offence is impermissible...: ORDER Petitioner - accused No.1 and accused No.2 have been charge sheeted for the offences punishable under Sections 287 and 337 of IPC...the petitioner-A1 and operating food mixing machine sustained injuries. 8. To constitute the offence under Section 287 IPC, a person must have done any act so rashly and...

...materials collected on Google search. According to him, which says that the application under Section 287 of IPC is generally not applicable to a motor vehicle accident, which typically governed by the Motor.... Section 287 of IPC specifically deals with rash or negligent conduct with respect of machinery, not vehicles. A motor vehicle, though a machinery, is not considered as a machinery in the context ...Section 287 of IPC, if it is operated on road, as the Motor Vehicles Act provides a specific framework for such incidents. He further stressed on the wordings 'machinery' Vs. 'motor vehicle', which he has...

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...Section 287 of IPC came to be registered as against the petitioner herein. The main ground raised by the learned Senior Counsel for the petitioners is that since, Section 287 is a non-cognizable...offence, the Investigating Officer is not entitled to investigate into the same without prior order of the Magistrate. Section 155 Cr.P.C reads as follows: 155. Information as...-cognizable 4. What is contemplated under Section 155 Cr.P.C is that when it is brought to the notice of the Investigating Officer about the commission of...

..., arising out of Crime No.11/2021 registered by Raichur Rural Circle, Police Station, Raichur, for offences punishable under Sections 304 A and Section 287 of IPC. 2...Station, Raichur, for the punishable under Section 287 and 304-A of IPC, is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE AMM ... - 3 - PROCEEDINGS IN CRIME NO. 11/2024 AND CHARGE SHEET IN C.C NO. 3092/2022, FOR OFFENCES PUNISHABLE UNDER ...

...prosecution. The learned counsel also submitted that the ingredient to attract offences under Sections 287 and 304(A) of IPC is not available in the complaint or in the statements of the witnesses. ...the Factories Act. Simultaneously, the 1strespondent police also registered case in Crime No.49 of 2016 for the alleged offences under Sections 287 and 304(A) of IPC. The petitioners filed.... 6. It is alleged that the ingredient for attracting offence under Sections 287 and 304(A) of IPC is an illusory ground only to delay the process, inspite of specific direction by th...

...accused in Crime No. 128/2014 of the Thrissur Town East Police Station registered for the offences punishable under Sections 511 of Section 287 IPC and Section 118(e) of...an offence under Section 511 of Section 287 IPC. At the same time, presently it cannot be said that the allegations will not constitute an offence under...Section 118(e) of the Kerala Police Act, if proved. It is for the prosecution to prove it. With the said observations, this Crl.M.C is dismissed....

...and to pay a fine of Rs.10,000/- for the offence punishable under Section 304-II of IPC and to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- for the offenc...the prosecution has failed to prove the guilt of the accused for which she is convicted. The charge was framed for the offences punishable under Sections 304 and 287 of IPC. Even though it is stated that due to neg...referred to as 'Trial Court') convicting the accused for the offences punishable under Sections 287 and 304 Part-II of IPC and sentencing her to undergo simple imprisonment for a period of three years...

...Station for offences punishable under Sections 292, 420 read with Section 34 of IPC, Sections 406, 420 read with Section 34 of IPC, Sections 287, 420 read with ..., Sections 407, 420 read with Section 34 of IPC, Sections 406, 420 read with Section 34 of IPC, Sections 406, 420 read with Section 34 of IPC, Sections 283, 420 read wit...read with Section 34 of IPC & Sections 406, 420 read with Section 34 of IPC. The allegation in each of the above crime is that the petitioners induced the respective de facto com...

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...PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the FIR in Crime No. 701 of 2020 filed under Section 287 & 304(A) of IPC...Original Petition has been filed to quash the FIR in Crime No. 701 of 2020 filed under Section 287 & 304(A) of IPC dated 28.07.2020, now pending before the 1 respondent police, on...28.07.2020, now pending before the 1 respondent police, on the basis of ‘Joint Compromise Memo’. The Order of the Court was delivered by J. Nisha Banu, J.:— This Criminal...

...of the respondent No.2, the respondent No.1 registered a case in Crime No.3202/2017 for the offences punishable under Sections 338 read with Section 34 of IPC and took up ...IPC. The petitioner herein was arrayed as accused No.4. The Trial Court took cognizance of the offences punishable under Sections 338, 287 read with Section 34 of IPC.... 6. The learned Additional Government Advocate for respondent No.1, on the other hand, submitted that the offence did attract the provisions of Section 338 and 287 of IPC ...

...charge the learned Magistrate was of the view that the offence actually falls under Section 287 of Indian Penal Code and not under Section 338 IPC. The order shows that ...the learned APP appearing before him conceded that the offence actually was covered by Section 287 IPC.4. I have heard the arguments advanced by learned counsel for the petitioner and learned counsel for the S...petitioner that the offence under Section 287 IPC was actually non-cognizable and therefore the police could not investigate this case without seeking permission of the...

...making a gang, and crime nos. 286 of 2006 (relating to offence punishable under section 395, 398, and 412 IPC), crime no. 287 of 2006 (under section 307 IPC), c...station Champawat:-As against accused Mobin(i) Crime no. 286 of 2006, relating to offences punishable under section 395, 397, 398, 412 IPC.(ii) Crime no. 287....As against accused/appellant Devendra Prasad:(i) Crime no. 286 of 2006, relating to offences punishable under section 395, 397, 398, 412 IPC.(ii) Crime no. 287...

...PROCEEDINGS AGAINST PETITIONER HEREIN/ACCUSED NO.1 IN CC NO.102/2023 (CRIME NO.53/2022 OF HANSABHAVI PS) FOR OFFENCES PUNISHABLE U/S 287, 338 OF IPC AND SECTION 5, 180 OF INDI...and the learned Additional Government Advocate for the respondent-State. 5. To constitute an offence under Section 287 of the IPC, there must be evidence that a person...punishable under Sections 287 and 338 of the Indian Penal Code (IPC) and Sections 5 and 180 of the Motor Vehicles Act, 1988, is before this Court. 2. The case of the...

...being bailable and triable by any magistrate. Section 284 of IPC deals with negligent conduct with respect to poisonous substance and offence is cognizable and bailable besides being tried by any Magistrate. ...the said police officer vide Exhibit-P.9 -14- with regard to said alleged offences made punishable Under Sections 269, 284, 287, 324, 338, 491 read with Section 107 of IPC...that, these OP Nos.1 to 3 were guilty of offences made punishable Under Sections. 269, 284, 287, 320, 322, 324, 338, 491, 24 and 25, as well 107 of IPC and other applicable penal provisions to this case...

...dated 14.07.2016 registered at PS Baba Haridass Nagar, under section 287/304A of IPC along with consequential proceedings. 2. Briefly stated, the present FIR was registered...14.07.2016 registered at PS Baba 4 Haridass Nagar under section 287/304A of IPC along with consequential proceedings are... DINESH KUMAR SHARMA, J. (Oral) 1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 214/2016...