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1 0.2018 82 KB CRM No. 8100 of 2018 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 17th September, 2018 in connection with Ghoksadanga Police Station Case No. 54 of 2018 dated 15.04.2018 under Sections 341/324/326/307/109 of the Indian Penal Code.And In Re:- Malin Roy and others ... Petitioners Mr. Somnath Banerjee, Mr. Pronojit Roy ... for the petitioners Mr. Madhu Sudan Sur, Mr. Manoranjan Mahata ...for the State The petitioners seek anticipatory bail in connection with Ghoksadanga Police Station Case No. 54 of 2018 dated 15.04.2018 under Sections 341/324/326/307/109 of the Indian Penal Code.The State produces the case diary and says that all the petitioners have been named as being a part of a group which attacked the victim and caused his death.However, the statement against the other petitioners do not appear to be of any eye witness.In addition, the petitioners will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.The prayer for anticipatory bail is allowed subject to the conditions as indicated above.A certified copy of this order be immediately made available to the petitioners subject to compliance with all requisite formalities.(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2

Relevant sections: Section 326 in The Indian Penal Code; Section 341 in The Indian Penal Code; Section 307 in The Indian Penal Code; Section 324 in The Indian Penal Code; Section 109 in The Indian Penal Code; Section 438 in The Indian Penal Code
Certified copy as per rules.(C V SIRPURKAR) JUDGE Sha Digitally signed by SHALINI SINGH LANDGE Date: 28/07/2018 10:43:06Heard on admission.Learned Special Advocate accepts notice on behalf of the respondent/State; as such, no further notice is required.Let record of the Courts below be requisitioned.Heard on I.A. No.12462/2018 for suspension of sentence and grant of bail under Section 389(1) of Code of Criminal Procedure filed on behalf of appellant Raman Singh Uikey.Learned counsel for the appellant prays for withdrawal of suspension of recovery of fine amount (I.A.No.12463/2018).Consequently, I.A.No.12463/2018 is dismissed as withdrawn.A perusal of the impugned judgment dated 28.6.2018 passed in Special Criminal Case No.300048/2008 by the Court of Special Judge (Prevention of Corruption Act), Seoni reveals that appellant Raman Singh Uikey has been convicted and sentenced as hereunder:Digitally signed by SHALINI SINGH LANDGE Date: 28/07/2018 10:43:06 471 I.P.C. R.I. for 2 3 Rs.30,000/- In default CRA-5459-2018 of years fine R.I. For Deposited 6 months 3 Atyavashya R.I. for six Rs.30,000/- In default of k Vastu months fine R.I. For 7 Adhiniyam Deposited 6 months 1955 13(1) Corruption R.I. for 3 Rs.30,000/- In default of d/13(2) And years fine R.I. For Prevention Deposited 6 months Act 1988 Keeping in view the facts and circumstances of the case in their entirety, particularly the quantum of sentence imposed upon the appellant, in the opinion of this Court, the substantive jail sentence of the appellant deserves to be suspended and he be released on bail.Consequently, I.A. No.12462/2018 for suspension of sentence and grant of bail under Section 389 (1) of Code of Criminal Procedure filed on behalf of appellant Raman Singh Uikey, is allowed.It is directed that on depositing the fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 19-12-2018 and on all other subsequent dates as may be fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stands suspended and he shall be released on bail.

Relevant sections: Section 389 in The Indian Penal Code
This criminal revision is directed against the order dated sh 10.02.2017 passed by the Court of Second Additional Sessions Judge, Lakhnadon, District- Seoni in Sessions Trial No.11/2017 whereby, the e ad charges under Sections 341, 294, 307 read with Section 34 and 506-B of the IPC were framed against the four accused persons namely Naresh Kumar, Atul Jain, Avdesh and Paras.Pr a Learned counsel for the petitioners submits that the charges did hy bear the names of the accused; therefore, a direction be made to the ad trial Court to rectify the error and mention the name of the accused in the charge framed against that particular accused.He further prays for M disposal of this criminal revision with liberty to raise all the grounds of taken by the petitioners, herein before the trial Court at appropriate stage.rt Consequently, the trial Court is directed to rectify the error and ou mention the names of each of the accused in the charge framed against C him.The petitioners shall be free to raise all the grounds taken by the h ig petitioners, herein before the trial Court at appropriate stage.H This criminal revision is accordingly disposed of.Date: 2018.04.11 21:59:09

Relevant sections: Section 34 in The Indian Penal Code
gm H.C.P.No.1889 of 201526.10.2015Such order is under challenge herein.The detenu came to adverse notice in the following cases:Sl.Name of the Police Station and Crime No.Section of Law1Vridhachalam Police Station, Crime No.613 of 2013147, 148, 294(b), 323, 326 & 307 IPC r/w 109 IPC2Vridhachalam Police Station,Crime No.13 of 2014147, 148, 294(b), 341, 323, 324, 302 IPC r/w 149 IPC3Vridhachalam Police Station,Crime No.648 of 2014399 IPCThe ground case has been registered against the detenu in Crime No.453 of 2015 on the file of Vridhachalam Police Station for offences under Sections 392, 397 and 506(ii) IPC.We have heard learned Additional Public Prosecutor on the above submissions.Finding that the subjective satisfaction arrived at by the detaining authority is erroneous, this Court would allow the present petition.The detention order passed by second respondent, detaining the detenu Rajasekar @ Kottan Rajasekar S/o.Pattusamy, aged about 25 years, made in C3/D.O/27/2015 dated 23.06.2015, is quashed and the Habeas Corpus Petition is allowed.The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.(S.T.,J.) (C.T.S.,J.) 26.10.2015Index:yes/noInternet:yesgmTo1.The Secretary to Government Home, Prohibition & Excise Department, Fort St.2.The District Magistrate and District Collector, Cuddalore District, Cuddalore.3.The Public Prosecutor, High Court, Madras.4.The Superintendent of Central Prison Cuddalore.S.TAMILVANAN,J.AND C.T.SELVAM, J.

Relevant sections: Section 392 in The Indian Penal Code; Section 506 in The Indian Penal Code; Section 397 in The Indian Penal Code
According to the petitioner, the petitioners are innocents.Further he submitted that the after obtaining permission from the electoral officer the petitioners and others were went to election campaign and hence, the allegation regarding violating the election code of conduct is false and baseless.On precautionary measures, the respondent police hadhttp://www.judis.nic.in 3 registered this case as against the petitioners.Therefore, they sought for quashing the proceeding.Though there is a bar under Section 195(a)(i) of Cr.P.C. to take cognizance for the offence under Section 188 of IPC, it does not mean that the police cannot register FIR and investigate the case.Therefore, he vehemently opposed the quash petition and prayed for dismissal of the same.Perused the material documents available on record.Except the official witnesses, no one has spoken about the occurrence and no one was examined to substantiate the charges against the petitioners.He is not a competent person to register FIR for the offences under Section 188 of IPC.As such, the First Information Report or final report is liable to be quashed for the offences under Section 188 of IPC.Therefore, the final report cannot be sustained and it is liable to be quashed.Accordingly, the proceedings in S.T.C. No. 2191 of 2019 in Crime No. 84 of 2014, is quashed and the Criminal Original Petition is allowed.Consequently, connected miscellaneous petition is closed.15.11.2019 Index: Yes/No Internet: Yes/No ksahttp://www.judis.nic.in 7The Judicial Magistrate No.II, Srivilliputhur.The Inspector of Police, Seittur Police Station, Virudhunagar District.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.http://www.judis.nic.in 8 G.K.ILANTHIRAIYAN, J., ksa Crl.O.P.(MD).No.16696 of 2019 15.11.2019http://www.judis.nic.in

Relevant sections: Section 188 in The Indian Penal Code
He has been falsely implicated.Certified copy of this order, if applied for, be given to the parties on priority basis.( Patherya, J.) ( Samapti Chatterjee, J. ) 3

Relevant sections: Section 468 in The Indian Penal Code; Section 465 in The Indian Penal Code; Section 471 in The Indian Penal Code; Section 420 in The Indian Penal Code
Heard on this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on behalf of the petitioner Hariya Kori in Crime No.160/2012, registered by P.S.Rajnagar, District- Chhatarpur under Sections 457, 354, 506 (part-II) and 376 of the IPC.At that time, it came to the notice of the Court that the prosecutrix has stated in her statement that the petitioner had raped her; therefore, it was proposed to move against the petitioner under Section 376 as well.Learned counsel for the petitioner submits that the petitioner is a 62 years old man and he would be put to great harship if after 5 years of facing trial, he is taken into custody again.Learned Panel Lawyer for the respondent/State on the other hand has opposed the application.However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that the petitioner has been facing trial for lesser offence since the year, 2012 he deserves the benefit of anticipatory bail.Consequently, the first application for anticipatory bail under Section 438 of the Code of Criminal procedure filed on behalf of the petitioner Hariya Kori is allowed.It is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.40,000/- and a solvent surety in the same amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.Certified copy as per rules.(C V SIRPURKAR) JUDGE

Relevant sections: Section 376 in The Indian Penal Code
None for the respondent no.2/ complainant.Case diary perused.As per the prosecution case, the applicant has abducted the prosecutrix and committed rape upon her.Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the present crime.He further submits that although the prosecutrix is a minor aged about 16 years of age, she has stated in her statement recorded under Section 164 of Cr.P.C. that the applicant came to her house at about 11:30 P.M. and took her forcefully however, she has not made any allegation against the applicant regarding commission of rape in the said statement.In these circumstances at the most offence under Section 363 and 366 of I.P.C. will be made out against the applicant.The applicant is not having any criminal record.Conclusion of trial will take sufficient time.Hence, learned counsel for the applicant pray for grant of bail to the applicant.(S.K. Awasthi) Judge amit Amit Kumar 2020.09.02 10:32:47 +05'30'

Relevant sections: Section 366 in The Indian Penal Code; Section 363 in The Indian Penal Code
Heard SriPankaj Bharti, counsel for the applicant and Sri Mohd. Faisal, counsel for theinformant and learned A.G.A for the State.It has been submitted by the counsel for the applicant that during the supply of sugarcane in sugarcane mill some dispute took place between the applicant and theinformant and FIR was lodged against the applicant and two other named accused persons, namely, Naresh Pal and Arvind Pal and certain otherunknown persons.The applicant shall cooperate in the trial sincerely without seeking any adjournment.The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

Relevant sections: Section 308 in The Indian Penal Code
JUDGMENT Naik, J.This revisional application No. 1393 of 1958 has a chequered career.It arises in the following circumstances:The case for the prosecution was that the police officer explained the contents of the order and obtained the left hand thumb impression of the accused and the copy of the order was given to the accused.Thereafter on August 24, 1958, at about 8-30 p.m. Police Constable No. 6511/D arrested the accused at Ibrahim Rahimtulla Road on suspicion.The accused pleaded not guilty to the charge.He admitted that the order of externment was served on him properly.He, however, denied that he had entered within the limits of the prohibited area.According to him, he was arrested at Mumbra Railway Station and was brought by train.This was the only contention that was raised before the learned Presidency Magistrate.The offence committed in 1949 for which he was convicted would not in itself be a sufficient ground on which the Deputy Commissioner would form his belief.

Relevant sections: Section 411 in The Indian Penal Code; Section 114 in The Indian Penal Code
The sole respondent is admittedly the owner of a Kannada Daily Newspaper by name “Jaya Kirana” published from Mangalore, Karnataka.Chelameswar, J.1. Leave granted.On 16.12.2013, the said newspaper carried a news item containing certain allegations against theSignature Not Verified appellant herein.According to the appellant, the allegations areDigitally signed byDEEPAK MANSUKHANIDate: 2017.12.0415:58:33 ISTReason:Aggrieved by the order dated 15.04.2014, the respondentcarried the matter in Revision Petition No.219 of 2014 before theSessions Judge, Dakshina Kannada, Mangalore.By the orderdated 06.11.2015, the respondent’s revision was dismissed.By an order dated23.11.2016, the said petition was allowed and the proceedings inCC No.1252 of 2014, insofar as they pertained to the respondent,were quashed.Both in his revision as well as the petition under Section482 Cr.P.C., the respondent urged various grounds whichaccording to him render the order dated 15.04.2014 illegal.The first threeparagraphs of the judgment under appeal (running into a shortone and a half page) purport to take note of only one submissionof the respondent.The petitioner admittedly was the owner.The petitioner admittedly was the owner.

Relevant sections: Section 500 in The Indian Penal Code
His earlier applications were dismissed being withdrawn.Heard the learned counsel for the parties.The applicant is in custody since 18/12/2014 in connection with Crime No.852/2014 registered at Police Station Adhartal, Jabalpur for the offence punishable under Sections 305, 306 of IPC and Sections 16/17 of POCSO Act.Learned counsel for the applicant submits that the applicant is a youth of 18 years of age, who has no criminal past alleged against him.There was no relation of the applicant with the deceased so that presumption under Section 113-A of the Evidence Act may apply.The deceased had committed suicide on her own.Thereafter the sister of the deceased has created a story against the applicant that he met with the deceased and tried to outrage her modesty, and therefore she committed suicide.However, if the applicant would have done such an act with the deceased, then she could inform her parents, and she could lodge an FIR against the applicant.The overt-acts of the applicant do not fall within the purview of Section 107 or 109 of IPC, and therefore prima facie no offence under Section 305 or 306 of IPC is made out against the applicant.The applicant is in custody since 18.12.2014 and relatives of the deceased are not appearing before the Court to give their evidence.It would be apparent that the applicant is falsely implicated in the matter.Under such changed circumstances, he prays for bail.This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.Certified copy as per rules.(N.K. GUPTA)

Relevant sections: Section 306 in The Indian Penal Code
as (Allowed).C.R.M. 1978 of 2019 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 29.01.2019 in connection with Sankrail P. S. Case No.929 of 2018 dated 23.12.2018 under Sections 448/325/354B/379/509/34 of the Indian Penal Code and Sections 8of the Protection of Children from Sexual OffencesIn the matter of : Biswajit Adak....for the Petitioner......for the State.Heard the learned Advocates appearing for the parties.This application for anticipatory bail is, thus, disposed of.

Relevant sections: Section 448 in The Indian Penal Code; Section 509 in The Indian Penal Code; Section 379 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 325 in The Indian Penal Code
This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.1303 of 2017 on the file of the District Munsif Court cum Judicial Magistrate, Karaikudi.2.The case of the prosecution is that on 14.04.2016, around 09.30 a.m., the petitioners along with other accused blocked the road due to the removal of flex board and microphone set, which was erected without getting prior permission from the concerned authority.On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioners and others for the offences under Sections 143, 341 & 188 IPC in S.T.C.No.1303 of 2017 on the file of the District Munsif Court cum Judicial Magistrate, Karaikudi.Further he submitted that the petitioners or any other members had never involved in any unlawful assembly and there is no evidence that the petitioners or others restrained anybody.However, the officials of the respondent police had beaten the petitioners and others.When there was lot of members involved in the protest, the respondent police had registered this case, under Section 143, 341 & 188 IPC as against the petitioners and others.Therefore, he sought for quashing the proceeding.Therefore, he vehemently opposed the quash petition and prayed for dismissal of the same.Therefore the respondent police levelled the charges under Sections 143, 341 and 188 of I.P.C. as against the petitioners and others.Except the official witnesses, no one has spoken about the occurrence and no one was examined to substantiate the charges against the petitioners.(i) of Cr.P.C.h) The Director General of Police, Chennai and Inspector General of the various Zones are directed to immediately formulate a process by specifically empowering public servants dealing with for an offence under Section 188 of IPC to ensure that there is no delay in filing a written complaint by the public servants concerned under Section 195(1)(a)(i) of Cr.P.C.9.In the case on hand, the First Information Report has been registered by the respondent police for the offences under Sections 143, 341 and 188 IPC.He is not a competent person to register FIR for the offences under Section 188 of IPC.As such, the First Information Report or final report is liable to be quashed for the offences under Section 188 of IPC.Further, the complaint does not even state as to how the protest formed by the petitioners and others is an unlawful protest and does not satisfy the requirements of Section 143 of IPC.2.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.http://www.judis.nic.in 12 G.K.ILANTHIRAIYAN, J.

Relevant sections: Section 188 in The Indian Penal Code; Section 143 in The Indian Penal Code; Section 341 in The Indian Penal Code
This bail application is being decided as per the guidelines dated 19.7.2020 of Hon'ble the Chief Justice, through video conferencing.As per the office report dated 13.7.2020, notice issued to opposite party No.2 has been served, but no one has put in appearance on his behalf.Heard learned counsel for the applicant and learned AGA through Video Conferencing.The applicant shall cooperate in the trial sincerely without seeking any adjournment.The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.Order Date :- 23.7.2020 Ruchi Agrahari

Relevant sections: Section 156 in The Indian Penal Code
All the petitioners, as well as the complainant, are present.The Investigating Officer concerned is also present.This petition has been moved under Section 482 of the Code of Criminal Procedure, 1973, praying that FIR No. 107/2013 registered at Police Station Gulabi Bagh/Pratap Bagh under Sections 498A/406/34 IPC, on 24.08.2013 and all proceedings arising therefrom, be quashed, on the ground that the matter has been amicably settled between the parties.Issue notice.3. Counsel for the State, as well as counsel for the second respondent, Kanika, who is also the complainant in the aforesaid FIR, enter appearance and accept notice.He also recognises the petitioners, as well as the complainant.It is alleged that the proceedings came to be initiated on the complaint of second respondent, who was married to petitioner No. 1, Ajay Chugh, CRL.M.C. 3616/2014 Page 1 of 6 against all the petitioners.At the same time, a petition had also been moved by the complainant and the first petitioner under Section 13(B)(2) of the Hindu Marriage Act, 1955, seeking divorce by mutual consent.The petition stands disposed off in the above terms.

Relevant sections: Section 307 in The Indian Penal Code; Section 498A in The Indian Penal Code; Section 482 in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 34 in The Indian Penal Code
It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case and that the materials collected in the course of investigation do not implicate them with the alleged assault.Further investigation was directed and statements of the injured persons including victim the lady were recorded under Section 164 of Code of Criminal Procedure.Such statements have been placed before me.I have perused the statements recorded in the course of investigation as well as the statements of witnesses recorded under section 164 of Code of Criminal Procedure.Proceeding shall, however, be continued against the other accused persons in accordance with law.With the aforesaid directions, the petition is disposed of. 2 (Joymalya Bagchi, J.)

Relevant sections: Section 341 in The Indian Penal Code; Section 325 in The Indian Penal Code; Section 323 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 308 in The Indian Penal Code