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...judge or magistrate of the first class or of the second class or sentenced under section 325 or against an order made or sentence passed under section 360 by any magistrate. Section 375, cr. P. C. Deals wi.... P. C. Deals with the cases where no appeal lies against conviction in petty cases. In the instant case, sections 375 and 376, cr. P. C. Are not applicable. Section 374...learned counsel for the revision - petitioner submits that the convicted - accused has got a statutory right of appeal under section 374, cr. P. C. And the learned sessions judge has committed error...
..., police has not filed the final report, and in this view, the petitioner is entitled to statutory bail, as contemplated under section 167 (2) (a) (ii) cr. P. C. But, the learned government advoca...prosecution before me, that the offence said to have been committed by the petitioner would come under section 376 (2) ipc, which alone will carry the maximum imprisonment of life, in addition to...other grounds, which are not available, and therefore, if at all the petitioner would come, if any offence had been committed by him, only under section 376 (1) ipc, which says the maximum punishment is...
...with all the material exhibits to this Court in accordance with the provisions of Section 374, Cr. P. C., for confirmation of the death sentence imposed on Sardara Ram under ...was again produced before the Munsiff-Magistrate. He recorded his statement Ex. P-7 under Section 164, Cr. P. C. Thereafter Bhikha Ram accused submitted an application Ex. P...-5, dated September 25, 1971, to the District Magistrate, Ganganagar, under Section 337, Cr. P. C., stating therein that he should be tendered pardon on the condition of...
...application under section 482 Cr. P. C. has been filed
challenging the summoning order dated 25.05.2018, passed by
the Chief Judicial Magistrate, Saharanpur, in Complaint Case
No. 13993 of 2017 (Rashid Ansari Vs. Hu...IPC, P.S. Kutubsher,
District Saharanpur, whereby application under section 340 Cr.
P. C. filed by the applicants...on the ground that
since the co-accused persons have already been convicted,
therefore, the basis of filing the application under section 340
Cr. P. C., whereby it was alleged that false evidence has...
...accused, has approached this Court by means of present application under Section 482 Cr. P. C. challenging the order dated 12.09.2024 passed by Additional District and Sessions Judge, Court No. 17, Kanpur Nagar in S.T. No. ...Station Rail Bazar, District Kanpur Nagar, whereby Court below exercised it's jurisdiction under Section 216 Cr. P. C. and has framed additional charge against the applicant, and the proceedings of...charges were framed against the accused applicant by Court below, vide framing of charge order dated 9.6.2022. However, the framing of charge under Section 376 D I.P.C. was differed with the submission of...
...(1) PRAYER in this petition filed under Section 482 of the Cr. P. C. is for issuance of directions to the respondents, to register and investigate an fir under ...petitioner was medico legally examined. The Doctor forwarded a positive opinion, with respect to rape. However, instead of lodging the FIR under Section 376 IPC etc. , the police lodged FIR No. 61 dated 9...invoked Section 376 IPC and has also sought permission to re-arrest the accused. In view of these facts, the present petition has been rendered infructuous. The Superintendent of Police, Distt. Mewat is...
...Section 438 of Cr. P. C. for grant of anticipatory bail to the applicants, as he is under apprehension of his arrest in connection of Crime No.61/2014, registered at P. S.
...in her statement recorded under Section 164 of Cr. P. C. deposed that he had gone to the applicant and she loves the applicant and married with the applicant. She further...in sub- Section 2 of Section 438 of Cr. P. C.
C. C. as per rules.
(S. K. Gangele) JUDGE
...
..., 1967. He took her to Indore and there on or about the 16th March, 1967, committed rape upon her. On behalf of the accused, a question was raised that the offences under Section 376 I. P. C. acc...learned Deputy Government Advocate opposes it.
4. Mr. Tikku argued that the offence of kidnapping under Section 366 is independent of the offence under Section 376 I. P. C....] Section 366 and Section 376, in the circumstances of the case, it appears, are so related to one another that their inquiry can be justified both under the provisions of ...
...1. The question which arises in this Criminal Revision Case, is one which has to be decided under Sub-section (1) of Section 185 of the Cr. P. C. The respondent had been commi..., proceeding before the Court of Sessions, Bangalore Division.
Under Section 561-A of the Cr. P. C., we quash the commitment in so far as it relates to the offence under ...Sessions Case came up for trial, felt that he could not proceed with the trial in so far as the offence under Section 376 of the I. P. C. was concerned, in view of the fact that Tarikera and Peelapura which...
...punishable under Sections 363, 366, 376, 506 of IPC and r/w 3/4 POSCO Act.
Prosecutrix in her statement recorded under Section 164 of Cr. P..., Panel Lawyer for the State.
Heard.
Perused the case diary.
This is first application application under Section 439 of Cr. P. C...trial Court, the applicant Kailash be released on regular bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under...
...Cr. P. C. for quashing of FIR No. 124 dated 10.12.2019 under Section 376 IPC, registered at Police Station Dhakoli, District SAS Nagar on the basis of compromise....
I have heard the counsel for the parties.
Admittedly, an FIR under Section 376 IPC was registered against the petitioner at Police Station Dhakoli, District....
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CRM-M-8350-2020(O&M)
The instant petition has been filed under Section 482...
...Section 482 Cr. P. C. challenging the charge sheet/police report dated 19.06.2024 submitted by the Investigating Officer in terms of Section 173 (2) Cr. P. C. in Case Crime No. 197 of 2024, under ...and Sections 5/6 POCSO Act, Police Station Kotwali, District Fatehpur, whereby Court concerned has taken cognizance upon aforesaid police report under Section 190 (2) (b) Cr. P. C. 4.At the very outset...stage with liberty to applicant to file fresh application under Section 482 Cr. P. C. at appropriate stage.
9. Certified copies of documents appended along with this application...
...fine, if realised, be paid to the complainant.
(2) Because of the provision's of section 376 (c) of the cr. P. C. No appeal against the order could be filed...prescribed for trial of summons cases. Three witnesses earlier examined by the complainant were not, however, recalled according to the section 260 (2) cr. P. C. Eventually by his order dated 21. 1. 82.... Under section 397 of the cr. P. C. The petitioner accused could file a revisional applica tion and he had his choice of forum. He could file his revisional application either in the high court or in...
...approached this Court by means of present application under Section 482 Cr. P. C. challenging the charge sheet/police report dated 20.7.2024 submitted by the Investigating Officer in terms of Section 173 (2) ...police report under Section 190 (2) (b) Cr. P. C.
At the very outset, the learned A.G.A. representing State opposite party 1 and Mr. Harish Chandra Yadav, the learned counsel....
It is, accordingly, dismissed at this stage with liberty to applicant to file fresh application under Section 482 Cr. P. C. at appropriate stage.
Certified copies of...
...Section 376 IPC is non-compoundable, but, however, Section 320 Cr P C does not limit or affect the powers of High Court under Section 482 Cr ...aggrieved by the conviction and sentence imposed on him by the learned Judge under Section 376 IPC on the ground that the accused admitted the guilt. The prosecutrix - victim had sworn to an affidavit...rape on 22-3-2000 and the same was registered as a case in Crime No.36 of 2000 under Section 376 IPC of Samisragudem Police Station and while the matter pending trial, the...
...I.P.C., Police Station- Jagdishpura, District-Agra, whereby rejected the application dated 30.05.2017 filed Under Section 156 (3) of Cr. P. C., Otherwise applicants deprived from the justice.
...application and quash the order dated 25.07.2017 passes by the Additional Chief Judicial Magistrate, Court No. 06, Agra in Case No. 214 of 2017, Under Section 284, 504, 506, 376, 511, 328...Section 482 Cr.P.C.
3. Sri Ajay Singh, learned AGA-I for the State is present.
4. The present application under Section 482 Cr.P.C. has been filed by the applicant...
...under Section 164 Cr. P. C. also was recorded by learned Additional Chief Judicial Magistrate-IV, Moradabad on 4.10.2016. During investigation statements of the prosecutrix, accused and other witnesses under ..., 506 I. P. C. and submitted police report under Section 173 (2) Cr. P. C. against the accused- respondent to the magistrate concerned, who in the light of the material before him, took cognizance in exercise of po....
5. The chik F. I. R. was registered being Case Crime No. 346 of 2016 under Sections-376, 504 and 506 I. P. C. and Section-66 of Information Technology (Amendment...
...could be given about the alleged offence against the accused. Thereafter, the statement of the prosecutrix was recorded under section 164 Cr. P. C., in which prosecutrix has clearly implicated all the named accused. The Pol.... State of U.P., reported in A.I.R. 2017 SC, page 1884, wherein the Apex Court has quashed the criminal proceedings under section 376 I.P.C. when there was no other evidence to support the prosecution case except the statement under...section 164 Cr. P. C. there is no other evidence upto this stage to suggest the commission of the alleged crime. Reliance is placed upon the judgement of Apex Court in the case of Vineeta Srivastava Vs...
...magistrate had not been recorded and that an acquitted had been recorded in relation to the offence under Section 376 IPC. Section 300 Cr. P. C. reads as hereunder, �person once convicted or acquitted.... The served copy of the charge sheet in S. C. No. 51 of 1997 was also filed during the course of examination under section 313 Cr. P. C. The learned Judge also recorded a finding that the learned...reliance on the language of Section 300 Cr. P. C. The Counsel also would submit that the question of abetment would not arise especially, in the light of the gap in between 25-08-1994 to 02-09-1994. At...
..., the appellant is sentenced with fine which in turn can be paid to the victim as compensation under section 357 Cr. P. C.
In the result, the judgment of conviction for the offen...prosecutrix PW-1, the respondent was tried for the charge of rape punishable under Section 376, Indian Penal Code. The trial court on appreciation of the evidence on record, held...justice. The accused is sentenced to undergo rigorous imprisonment for two years for the offence under Section 376 of IPC. The bail bond of the accused stands cancelled...