Sec.304 B – Reason of Death not established – Non- examination of the Doctor – Non- production of Vicesar report – filed charge sheet – Police , Magistrate – Prosecution all committed grave mistake – resulted in Acquittal under sec. 304 B I.P.C. = We are of the opinion that the conviction of the … Continue reading
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several … Continue reading
Section 482 of the Code of Criminal Procedure (for brevity.P.C.) = Sections 406, 409, 420 and 120(b) IPC = Fraud played on Bank in collusion with Bank Officers for 2.51 crores – Criminal case – Charge sheet filed – Earlier Quash petitions are withdrawn, dismissed and a direction was also given for speedy trial – reached final … Continue reading
Service – matter = Disproportionate punishment to the negligence proved – Dismissal orders quashed – directed to pay retire benefits and pension as he was dismissed just 6 days prior to his retirement date = “25(1). No order imposing any of the major penalties specified in Clause (f), (g), (h), (i) and (j) … Continue reading
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal … Continue reading
Accident claim – Registration of FIR and filing of charge sheet is enough to prove the negligence of opposite party who caused an accident – acquittal of criminal case can not be considered – Non- examination of pillion rider is also not fatal – when investigation officer supported the case – Apex court set aside … Continue reading
Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2356 OF 2009 Palwinder Singh ….Appellant VERSUS State of Punjab ….Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal is directed against the judgment of the Division Bench of Punjab & Haryana High Court … Continue reading
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 447 OF 2013 (Arising out of S.L.P. (Crl.) No. 6462 of 2012) Jitendra Raghuvanshi & Ors. …. Appellant(s) Versus Babita Raghuvanshi & Anr. …. Respondent(s) J U D G M E N T P.Sathasivam,J. 1) Leave granted. 2) The important question … Continue reading