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...they acted, as they did, in obedience to the orders of a superior authority and that the benefit of the general exceptions contained in Section 76, Indian Penal Code, should...be given in their favour. If the benefit of the exception can be given them, the acts committed by them would cease to be offences punishable under the Indian Penal Code, those acts being taken out of the category of offenc...person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Indian Penal Code...is upon him and the Court shall presume the absence of...
..., but that it must be assumed that they acted as they did in obedience to the orders of a superior authority, and that the benefit of the general exceptions contained in section 76 of the Indian ...“when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Indian Penal Code……is upon him and the Court shall presume the abs...plea in any way touching a defence based upon section 76, Indian Penal Code, was raised; that Ghaus Ali does not appear to have sent in any petition of appeal; that Wajid...
...:
The petitioners are accused Nos.1 and 2 in Crime No.165 of 2022 on the file of Lalapet Police Station, Guntur Urban District for the offences under Section 420 Indian Penal Code, ...Section 420 of Indian Penal Code and 76 of the Chit Funds Act r/w 34 of Indian Penal Code.
5. Accordingly, Criminal Petition is allowed. Miscellaneo...the Chit Funds Act r/w Section 34 of Indian Penal Code...
...does not establish any offence under section ???76 Indian Penal Code against the accused parsons that the evidence of p. ws. 1 and 3 is not at all reliable that the circumstances of the case rather go to...persons were found guilty under section 376, Indian Penal Code and were convicted there under. Accused Sewarmal Sharma was sentenced to undergo R.I for three years and six...who recorded the statement under section 164, Criminal Procedure Code of P.W 3 as per Ext. 2 P.W 5 is the prosecutrix...
..., therefore, difficult to deny him the defence of the "excuse" contemplated under Section 300, Indian Penal Code.
13. Our attention is drawn to certain decisions dealin...Penal Code. On facts, it was found that the order of superior authority was unlawful and, therefore, the "exception' was held not established. In Chaman Lal, AIR 1940 Lahore 210 the exception pleaded under ...committing the civil offence of murder contrary to Section 302, Indian Penal Code. He is also dismissed from service. After pronouncing the sentence, "recommendation to mercy" was...
...petitioner are punishable under Sections 341, 290 and 353 read with Section 34 of Indian Penal Code and Section 21/76 of the City Police Act.
2. Heard learned counsel for the p...
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- accused to quash the...procedure laid down under Section 41-A
1
Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in...
...offences punishable under Section 354/509/506/34 Indian Penal Code, 1860, FIR no. 75 dated 01.04.2009 for the offences punishable under Section 323/354/509/506...Section 354/509/506/34 Indian Penal Code, 1860, FIR no. 75/2009 for the offences punishable under Section 323/354/509/506 and FIR no. 76/2009 ...dated 02.04.2009 for the offences punishable under Section 324/34 Indian Penal Code, 1860 all registered at PS-Kalyan Puri...
...with Dhanbad (Bank More) P.S. Case No.805/2014 corresponding to G.R. No. 3682/2014 for the offences under sections 406, 420, 467, 468, 471 and 120(B) of Indian Penal Code, under section ...of the Chit Fund Act and under Section 4,5,6 of the Prize Chit Fund and Money Circulation Scheme.
It appears that charge of Dhanbad (Bank More) P.S. Case No.805/2014...
...registered under Section 346 of the Indian Penal
Code, 1860 at Police Station Krishna Gate, Thanesar to which Section
376 of the Indian Penal Code, 1860 was subse....)
The petitioner has filed the first petition under Section 439
of the Cr.P.C. for the grant of regular bail to the petitioner in FIR No.76
dated 21.08.2020...
...Petitioner/Accused, to quash the Proceedings in Crime No.67 of 2022 of Darsi Police Station, Prakasam District, for the offence punishable under Section 420 of the Indian Penal Code, 1860 and Section ...)
ORDER:
The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the...coercive action sought to be taken against the petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C., and the guidelines laid down...
...(B) READ WITH SECTION 34 OF INDIAN PENAL CODE AND
SECTION 76 OF THE CHIT FUNDS ACT BY ALLOWING THIS
PETITION.
THIS PETITION COMING ON FOR ADMISSI.... No.6946/2020 for the offences punishable under Sections 406, 418, 420 and 120(B) read with Section 34 of the Indian Penal Code and Section 76 of the Chit Funds Act qua the petitioner-ac...circumstances, in the absence of sufficient /corroborative material to come to the conclusion that the petitioners had committed offences punishable under Section 420 of the Indian Penal Code, I am of...
...Section 420 of the Indian Penal Code, 1860 registered at Police Station Sandaur, District Sangrur (Annexure P1).2. Prosecution story, in brief, is that the...Sabina, J.:— Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 76 dated 19.8.2014 under...
...REKHA MITTAL, J.The petitioners have prayed for quashing of FIR No. 76 dated 28.4.2008 offence under Section 498-A of the Indian Penal Code (for short “IPC”), registered at...Section 498-A of the Indian Penal Code, registered at Police Station, Division No. 8, Jalandhar lodged at my behest and proceedings emanating therefrom are quashed as the matter has been..., 2012 (4) R.C.R (Criminal) 543.In view of what has been discussed hereinabove, the petition is allowed and FIR No. 76 dated 28.4.2008 under Section 498-A IPC, registered at...
...Police Station Majitha, District Amritsar under Section 379-B of Indian Penal Code, 1860 and all the consequent proceedings arising therefrom are hereby quashed qua the...of Indian Penal Code, 1860 and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Vide order dated...By way of filing this petition, the petitioners seek quashing of FIR No.76 dated 31.5.2018 registered at Police Station Majitha, District Amritsar under Section 379-B...
...379 of the Indian Penal Code, 1860 (Sections 411 and 463, IPC added later on), registered at Police Station Longowal, District Sangrur. This Court, while issuing notice of motion...Present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.76 dated 24.06.2019, under Section...petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C. 1 of 2 CRM-M No.38201 of 2019 (O&M) -2- Today, ASI Ranjit...
...shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code. Section 76 provides that save insofar as they may be inconsistent with anything...conferred on the officers appointed under the Act, but for the bar of jurisdiction of civil court, would be triable by the civil court as provided in Section 92 of the Code of Civil Procedure. A person to be...Y.K Sabharwal, J.— Whether the Assistant Charity Commissioner appointed under Section 5 of the Bombay Public Trusts Act, 1950 (for short “the Act”) as applicable to Karnataka...
...inspected and raised the shop premises of opposite party no. 2 on 1.8.1997, they were protected at their action had come under the provisions of general exceptions as contained in section 76 of the Indian ..., the learned Magistrate relying on the provisions of section 76 of the Indian Penal Code held that since these accused were acting under the orders of the accused District...Supply Officer they were also entitled to the protection of section 76 of the Indian Penal Code.14. In the impugned order the learned Sessions Judge has...
...section of the Indian Penal Code under which such a defence can be pleaded is section 76 and the learned Advocate has not been able to urge that section ...the girl away. It does not seem necessary in this connection to deal with the annotations of Dr. Gour on section 76 of the Indian Penal Code referring to the well-known...Dhavle, J.:— The appellant has been sentenced to three years' rigorous imprisonment under section 366 of the Indian Penal Code by the Sessions Judge of Cuttack...
...for the offences punishable under Sections 406 and 420 read wit Section 34 of Indian Penal Code and Section 5 of TSPDFE Act and Section 76 of Chit Fund Act.
...
CRIMINAL PETITION No.7009 OF 2022
ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure...34 of IPC and also under Section 76 of Chit Fund Act which makes failure to pay the price amount would amount to an offence under Section 76 of the Chit Fund Act which is punishable upto two years. The...
...registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 76 of the Chits Fund Act.3. Prosecution case is that the...A. Hariprasad, J.:— Application filed under Section 438 of the Code of Criminal Procedure.2. Petitioner is the accused in Crime No. 309 of 2015 of Meppayoor Police Station...