CiteTEXT
...framing the charge under Section 385 IPC. Following are the reasons in para 10 and 11 which have been recorded by the learned Sessions Judge in revisional jurisdiction to hold that Section 385 IPC...that offence under Section 385 IPC is disclosed. To appreciate the point in dispute, it would be quite useful to go through the illustrations appended thereto. Upon doing so, it is clearly made out that...for making out an offence of extortion punishable under Section 385 IPC, it has to be alleged and shown that accused had put any person in fear of injury to that person or any other person...
...under section 385 IPC are missing in the case and the prosecution has failed to establish that the petitioner had issued threat to the informant.3. Mr. Ishteyaque Ahmed, the learned...the offence under section 385 IPC is not sustainable.4. Briefly stated, on the allegation that the petitioner made a phone call on 08.09.2009 to the informant-Nayab Jeba to her mobile...phone bearing no. 9431169513 demanding Rs. 5 lacs from her, Bhandra P.S Case No. 43 of 2009 was registered. After investigation, charge-sheet was submitted and charges for the offence under section 385, 386 IPC were...
...for the applicant, that there is no ingredient of extortion of money by the applicant which punishable under Section 384 of IPC and offence under Section 385 IPC is only bailable in nature, the....249/15 registered at police station Chirmiri, Distt.-Koria, Chhattisgarh for alleged commission of offence under Section 384 of IPC.
2. Prosecution case is that the applicant...punishable under Section 384 IPC is not present as there is no allegation that any money was actually delivered to the applicant by the complainant. According to him, in such a case, offence under...
...
Sections 67/67(a) of the IT Act and Section 385 IPC has been registered
against the petitioner.
3. Faced with the above, learned counsel for the petitioner wishes
to...
...or any valuable thing has been looted. Therefore, in that case, only offence under Section 385 IPC would be made out which is bailable in nature. It is submitted that offence under Section 451 IPC is.... Taking into consideration the submission that the complaint does not talk of any valuable things being looted from the complainant and in such case, only offence under Section 385 IPC would be made...out and considering that offence under Section
385 and 451 IPC are bailable in the nature, I am inclined to grant anticipatory bail to the applicants.
6...
...which the allegations were levelled against stamp vendor without naming him. It comes out that earlier also, the charges were framed under Section 385 IPC, which were challenged before the Sessions...Court, in which the observations were made that only offence under Section 385 is not made out and that offence under Section 506 IPC is made out. Learned counsel for the petitioner has referred to the..., affirming the order dated 4.2.2016 (Annexure-P-2), passed by the learned Judicial Magistrate 1 Class, Kurukshetra, vide which charges under Section 506 IPC were framed against the...
...levelled against the petitioner is treated to be true, it is at best a case under Section 385 IPC and not under Section 387 IPC. Admittedly, no extortion amount was paid to the petitioner or the co-accused...for the parties. The petitioner is accused in connection with the case registered under Sections 387/452/406/34 IPC and Section 27 of the Arms Act. Learned counsel for the...
...result of fear allegedly extended upon him by the petitioners which is one of the essential ingredients to constitute such offence, but as per allegations made in the FIR, offence under Section 385 IPC is...investigating agency is free to proceed further in accordance with law so far as offence under Section 385 IPC is concerned. The stay application also stands disposed of. (PRASHANT...Misc.Petition under Section 482 Cr.P.C.with a prayer to quash FIR No.425/2014 registered at Police Station Manak Chowk, Jaipur for offence under Section 384 IPC. Brief relevant...
...counsel for the petitioner that offence under Section 384 IPC is not made out, at the most offences under Section 385 IPC is made out which is bailable. 4. Learned Public Prosecutor ha...Judgment / Order 06/07/2018 1. Petitioner has filed this bail application under Section 439 Cr.P.C. 2. F.I.R. No...
...Section 385 IPC at NRI Police Station Hoshiarpur and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.The FIR in question was got...of FIR in the interest of justice.Accordingly, the present petition is allowed and FIR No. 3 dated 21.6.2010 registered under Section 385 IPC at NRI Police Station Hoshiarpur and all subsequent proceedings ar...NIRMALJIT KAUR, J. (Oral)The present petition has been filed under Section 482 Cr.P.C for quashing of FIR No. 3 dated 21.6.2010 registered under...
...Section 385 IPC, P.S. Khekra, District Baghpat.
It is submitted by the learned counsel for the applicant that the FIR was lodged by the opposite party no.2 against the applicant with...when neither there was any demand of extortion nor any proof of extending threats nor the complainant has suffered any injuries in the absence of which no offence is made out under Section 385 IPC. Hence...
...Procedure for grant of regular bail to the petitioner in case FIR No.323 dated 25.08.2020, under Sections 323, 376(2)(n) and 506 of IPC (Section 385 IPC has been added later on) registered...CRM-2660-2021 Application is allowed and Annexure P-5 is taken on record. CRM-M-43281-2020 This petition has been filed under Section 439 of the Code of Criminal...
...Section 385, IPC and the petitioners are said to have taken away goats from the possession of the complainant. Considering the nature of the case it appears that this case cannot be said to be one which...1. The Special Judge, Dacoity Affected Area has refused to grant bait to the two petitioners before me and they have moved this application under Section 439, Cr.P.C...
...of an offence of extortion. In the instant case, property was not delivered.
15. Section 385 IPC defines attempts to extort, which is as hereunder...under Section 385 IPC. His conviction Under Section 385 IPC is bad in the eye of law, which needs to be modified.
17. The revisionist is convicted under ...of 386 IPC. The revisionist is sentenced for two years rigorous imprisonment and a fine of Rs. 1,000/- under Section 385 IPC. In default of payment of fine the revisionist shall undergo...
...under Section 385 IPC and not under Section 387 IPC. Admittedly, no extortion amount was paid to the petitioner or the co-accused persons. The petitioner is in judicial custody since 15.09.2016. In.../01.03.2017 Heard learned counsel for the parties. The petitioner is accused in connection with the case registered under Sections 387/452/506/34 IPC and Section 27 of the Arms Act...
...
that the learned trial court has convicted the petitioner to undergo
imprisonment for one year and six months for the offence under section
354(D) of the IPC; under section 385 ...one year; and under section
67 of the I.T.Act sentenced for one year and the direction was there that
all the sentence will run concurrently. He further submits that the...
...quashed by this Court in Cr.M.P. No.1470 of 2017 vide order dated 04.07.2017. It was stated by the counsel for the petitioner that no case under Section 385 IPC is made out. Regard being had to the facts...and learned A.P.P. for the State. The petitioner, who is accused for offence under Sections 341/379/385/427/504/34 of the Indian Penal Code, prays for anticipatory bail...under Section 82 Cr.P.C. which has been issued against the petitioner. It is submitted that the issuance of process under Section 82 Cr.P.C. was...
...invoking its revisional jurisdiction, his prime contention being that on the basis of the material which had been submitted in each case, charge only for the offence under Section 385 IPC is attracted...cases involving offence graver in nature than the one punishable under Section 385 IPC. Since the ingredients of the penal clause in Section 387 IPC are shown to be existing, the orders framing charge..., offences under Section 387/506 of Indian Penal Code, 1860 (IPC). In each case, charges have been framed against him by the Metropolitan Magistrate, inter alia, for offence punishable under...
...invoking its revisional jurisdiction, his prime contention being that on the basis of the material which had been submitted in each case, charge only for the offence under Section 385 IPC is attracted...cases involving offence graver in nature than the one punishable under Section 385 IPC. Since the ingredients of the penal clause in Section 387 IPC are shown to be existing, the orders framing charge..., offences under Section 387/506 of Indian Penal Code, 1860 (IPC). In each case, charges have been framed against him by the Metropolitan Magistrate, inter alia, for offence punishable under...
...
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for offence punishable under section 385 of the IPC, 1960...connection with Crime No. 395/2021 for offence punishable under section 385 of the IPC which is bailable offence and Section 3 (2) (v) (a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities...Scheduled of the SC-ST Act has been committed but a perusal of the aforesaid scheduled the offence under section 385 of the IPC in not included and thus for commission of offence under section 385 ...