Fawazzx/trainnnn huggingface dataset:
Affidavit-of-service filed by the petitioner be kept on record.The learned advocate appearing for the petitioner submits that the petitioner's matrimonial house is situated at Village - Barati, P.O Baidyapur, P.S Madhabdihi, District - Purba Bardhaman, the petitioner's husband is the owner of the same.The private respondents who are residing in the same village had, since long, been attempting to disturb the petitioner's peaceful possession and are threatening the petitioner of dire consequences.Such fact was brought to the notice of the police authorities but no steps were taken.Mr. Deb Roy, learned advocate appearing for the State respondents submits that the police authorities treated the petitioner's complaint as FIR and registered Madhabdihi Police Station Case No.28/18 dated 16th March, 2018 under Section 341/323/325/354B/307/506/34 of the Indian Penal Code.In connection with the said case the respondent no.10 and respondent no.12 were 2 arrested and the other accused persons surrendered before the learned Magistrate and upon completion of investigation a charge sheet has also been filed and as such, there is no inaction on the part of the police authorities.Let the written instruction, as produced, be kept on record.The learned advocate appearing for the respondent no.10 denies the allegation as levelled in the writ petition and submits that the said respondents have not in any manner prevented the petitioner from residing in her matrimonial house.There shall, however, be no order as to costs.Urgent photostat certified copy of this order be supplied to the parties on compliance of all formalities.(Tapabrata Chakraborty, J.)

Sections cited: Section 325 in The Indian Penal Code, Section 341 in The Indian Penal Code, Section 307 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 34 in The Indian Penal Code
He is also directed to furnish a bail bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the CJM/Trial Court for his appearance before the Registry/Office of this Court on 09/03/2016 and on all other subsequent dates as may be fixed by the office in this behalf.With the aforesaid, M.Cr.

Sections cited: Section 509 in The Indian Penal Code
This revision has been filed against the judgment and order dated 8.5.2015, passed by learned Additional Chief Judicial Magistrate, Court No. 9, Varanasi, in Case No. 1514 of 2013, Santosh Verma Vs.Prem Bada Singh and others, under Section 406 I.P.C., Police Station Cantt., District Varanasi, whereby the discharge application moved by the revisionist has been rejected.Learned counsel has submitted that the opposite party no. 2 entered into an agreement to sell with co-accused Ram Singh alias Pintoo Singh and paid him Rs. Three Lakhs.Neither any agreement to sell was executed by the revisionist nor any amount was received by her.On the aforesaid grounds it is prayed by learned counsel for the revisionist that the impugned order dated 8.5.2015, which has been passed without appreciating the evidence on record, be set aside.At the stage of framing a charge only a reasonable doubt in the mind of the court concerned is sufficient and the courts are not required to see whether the evidence available on record is sufficient to prove the case of prosecution beyond reasonable doubt.Only prima facie evidence as available on record is to be considered by the court concerned at the initial stage of framing charges.At this stage learned counsel for the revisionist prayed that the court below be directed to release the applicant on bail, if possible on the same day, and the trial proceedings be also directed to be expedited and to be concluded within a stipulated period.

Sections cited: Section 406 in The Indian Penal Code, Section 173 in The Indian Penal Code
Item No. 71And In the matter of: Ranjit Mondal Petitioner- versus -The State of West Bengal Opposite Party Mr. Tilak Mitra For the Petitioner Mrs. Debjani Sahu Banerjee For the State The Petitioner, apprehending arrest in connection with Jagaddal Police Station Case No. 332 of 2013 dated 04.05.2013 under sections 498A/406/323/506/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, has applied for anticipatory bail.We have heard the learned Advocate for the Petitioner and the learned Advocate for the State.The Petitioner is the husband of the Complainant.The Complainant will accept the amount without prejudice to her rights and contentions to file any proceedings for maintenance.The application for anticipatory bail is, thus, disposed of.(Nishita Mhatre, J) (Kanchan Chakraborty, J)

Sections cited: Section 498A in The Indian Penal Code, Section 406 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 34 in The Indian Penal Code
This is an application challenging an order dated 14.11.2018 passed by the learned Judicial Magistrat, Kalyani, Nadia in connection with G.R. case no. 591 of 2016, thereby discharging the accused from the charges under sections 420/467/468/471/120B read with 34 of the Penal Code.The learned advocate appearing on behalf of the petitioner submits as follows.The present opposite party no. 2 had claimed herself to be the wife of the present petitioner.An affidavit of service to that effect shall be filed on the next date of hearing.Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.(Jay Sengupta, J.)

Sections cited: Section 498A in The Indian Penal Code
25.09.13 Item No. 71 Court No.17 A.B.Item No. 71And In the matter of: Sk.Karam Hossain Petitioner- versus -The State of West Bengal Opposite Party Mr. Sardar Sahin Imam For the Petitioner Mr. Amanul Islam For the State The Petitioner, apprehending arrest in connection with Bagnan Police Station Case No. 316 of 2013 dated 15.08.2013 under Sections 417/420/406/120B of the Indian Penal Code, has applied for anticipatory bail.We have heard the learned Advocates for the Petitioner and the learned Advocate for the State.We have seen the case diary and other relevant material on record.The Petitioner is a deed writer.The application for anticipatory bail is, thus, disposed of.(Nishita Mhatre, J) (Kanchan Chakraborty, J)

Sections cited: Section 406 in The Indian Penal Code, Section 420 in The Indian Penal Code, Section 120B in The Indian Penal Code, Section 438 in The Indian Penal Code, Section 417 in The Indian Penal Code
Heard Sri Shankar Saun, learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State.It is stated by the counsel for the applicant that the complainant Narendri Giri has filed an affidavit before the SSP, Gautam Budh Nagar denying about the incident and participation of the applicant.A copy of the affidavit dated 16.7.2014 has been annexed as Annexure-2 at page 15-19 of the bail application.Learned AGA as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the fact that the affidavit has been filed by the complainant before the S.S.P. Gautam Budh Nagar.Let the applicant Sachchidanand Chauey involved in Case Crime No. 475 of 2014 under Sections 354, 354 Ka (1) IPC and 7/8 Protection of Children From Sexual Offence Act, 2012, police station -Phase -2, NOIDA DADRI, district Gautam Budh Nagar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

Sections cited: Section 174A in The Indian Penal Code, Section 229A in The Indian Penal Code
Arguable points are involved in this criminal revision, hence, admitted for hearing.Record of both the lower Courts be requisitioned.No fresh notice is necessary to the respondent as Public Prosecutor for the respondent/State has appeared.Appearing counsel for the parties are also heard on I.A.No.24019/2017 filed under Section 397(1) of the Cr.P.C, 1973 for suspension of custodial sentence of the petitioners Mewaram and Sanjay.Petitioner - Mewaram was convicted by the JMFC, Jaura, District Morena, under Sections 323 and 325 of IPC and petitioner - Sanjay was convicted under Section 324 (two counts) of IPC.The lower appellate Court has affirmed the conviction recorded by the trial Court but has reduced the jail sentence and increased the fine amount for the petitioner No. 1 - Mewaram under Section 323 of IPC, which is as under:Appearing counsel for the petitioners submits that the petitioners have already deposited the modified fine amount and they were released on regular bail during the trial and their custodial sentence was previously suspended by the lower appellate Court and there is no possibility of early hearing of this criminal revision before this Court.On the other hand, above-mentioned prayer has been strongly opposed by the Public Prosecutor.After considering the rival contentions made by the parties and looking to the facts that the petitioners were released on regular bail during trial and their jail sentence was suspended by the lower appellate Court and there is no possibility of early hearing of this revision, without commenting on the merits of the matter, I.A.No.24019/2017 is allowed and it is ordered that subject to depositing the fine amount and on furnishing a personal bond of Rs.35,000/- (Rupees Thirty Five Thousand only) by each petitioner - Mewaram and Sanjay with a solvent surety of the like amount each to the satisfaction of the trial Court, petitioners' jail sentence shall remain suspended till disposal of this revision and they be released on bail.Petitioners are further directed to remain present before the Registry of this Court firstly on 20.03.2018 and, thereafter, on such subsequent dates as may be fixed by the Registry for the same purpose in future.Certified copy as per rules.(Ashok Kumar Joshi) Judge Abhi ABHISHEK CHATURVEDI 2017.12.12 10:18:08 +05'30'

Sections cited: Section 323 in The Indian Penal Code, Section 325 in The Indian Penal Code, Section 324 in The Indian Penal Code
Case diary perused.This is the first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicants, as they have been arrested in connection with Crime No.235/2019, registered at Police Station- Digaura District Tikamgarh for the offence punishable under Sections 307, 324, 323, 294, 506 and 34 of IPC.The allegation of the prosecution is that on 26.8..2019 at about 5.45 p. m. at village Vadau P.S. Digaura District Tikamgarh in front of the house of Rajendra Singh some altercation had taken place between Rajendra Singh and complainant Durg Singh at that time co-accused Rajendra Singh has inflicted injury by axe on the head of Durg Singh, by which he has sustained grievous injury.It is also alleged that at the time of incident the applicants have also inflicted injuries by means of axe and sticks by which the complainant sustained injuries in his palm of his right hand and near right eye respectively.The complainant Durg Singh has lodged the report of the incident.On that basis above mentioned crime has been registered against the applicants and other co-accused.Learned counsel for the applicant submitted that the applicants have not committed any offence and have falsely been implicated in the crime.It is further submitted that the applicant are permanent resident of the address shown in the application.They are ready to furnish adequate surety and shall abide by all terms and conditions imposed upon them.There is no chance of their absconding or tampering with the prosecution witnesses.Learned counsel for the respondent/ State on the other hand has opposed the application.During the course of investigation the presence of co-accused Rajencra Singh was not found to be proved at the place of the incident and therefore, further proceeding has been deferred against him.Looking to the aforesaid facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicants on bail.Consequently, the application filed under section 439 of the Code of Criminal Procedure for grant of bail to the applicants is allowed.It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- (Rs. thirty thousand only) each with one solvent surety in the same amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.Accordingly, the aforesaid M.Cr.C. is allowed and disposed of.Certified Copy as per rules.(MOHD.FAHIM ANWAR) JUDGE kkc Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 31/01/2020 16:52:52

Sections cited: Section 34 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 437 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 324 in The Indian Penal Code, Section 307 in The Indian Penal Code, Section 294 in The Indian Penal Code
Case diary is available.Heard, learned counsel for the parties.The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.The applicant has been arrested by Police Station Godan, District Datia, in connection with Crime No.165/2020 registered in relation to the offences punishable under sections 294, 323, 506, 34, 326 of the IPC.Allegations against the applicant and other co-accused in short are that when the complainant was installing lighting in a wedding, at that time, the present applicant along with co-accused Mahesh Vanshkar, Narendra Vanshkar and Arjun Vanshkar came there and started abusing the complainant.When they were stopped, co- accused Mahesh hit Gulab with Lathi on his head due to which he started bleeding.When complainant's son-in-law Pavan came to save them, Narendra hit Pavan with a Lathi on his head causing injury.Thereafter when his daughter-in-law Kusuma and daughter Sunita came forward to intervene, applicant Veer Singh gave a Lathi blow on Sunita's left hand causing injury.Thereafter, co-accused Arjun gave a Lathi blow on left hand of Kusuma causing injury to her.No overt act has been assigned to the applicant.Even as per the medical report, Sunita has sustained simple injury, therefore, offence under section 326, IPC would not be attracted against the present applicant.

Sections cited: Section 326 in The Indian Penal Code, Section 34 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 294 in The Indian Penal Code, Section 506 in The Indian Penal Code
ORDER P.N. Sinha, J.This revisional application has been preferred by the petitioner with a prayer to quash the criminal proceeding being Special Case No. 2 of 1997 arising out of Haldibari P.S. Case No. 106/94 dated 1-10-1994 under Section 468/471/409 of the Indian Penal Code (in short the I.P.C.) now pending in the Court of the learned Additional Sessions Judge cum Special Judge, Cooch Behar.On the basis of such charge sheet the Special Case No. 2 of 1997 is now pending in the Court of the learned Special Judge at Cooch Behar.He further submitted that though the de facto complainant submitted a prayer before the District Magistrate for withdrawing from prosecution, there was no step by the State Administration to withdraw from prosecution.In this case, the accused was denied his right and Article 21 of the Constitution was violated.The criminal proceeding accordingly should be quashed.On the other hand, Mr. Alok Roy Chowdhury, the learned advocate for the State submitted that the Chairman of the Haldibari Municipality has no authority or jurisdiction to withdraw from prosecution.At the stage of consideration of charge these points may be raised by the petitioner before the learned Special Judge.There is no ground at all to quash the criminal proceeding.Secondly, the de facto complainant himself submitted a prayer before the District Magistrate, Cooch Behar for withdrawal from prosecution though no action was taken over such application.It gives the clear indication that the de facto complainant was not interested to proceed with the criminal proceeding since the amount allegedly defalcated was already paid by the accused.

Sections cited: Section 409 in The Indian Penal Code, Section 471 in The Indian Penal Code, Section 468 in The Indian Penal Code
Heard Sri Vikas Tiwari, learning counsel for the applicants and Sri Pankaj Saxena learned AGA appearing for State and perused the material brought on record.By the order under challenge dated 14.02.2020, the applicants have been summoned by learned Special Judge (D.A.A. Act)/Additional Session Judge, Jhansi, under Sections 392, 323, 504, IPC, Police Station Lahchura, District Jhansi, in Complaint Case No. 80 of 2019(Suresh Vs.Sachin and another).Thereafter the opposite party no.2 filed an application under Section 156(3) Cr.P.C. before the court of Additional Session Judge(Special Judge (D.A.A. Act), with respect to the incident dated 10.06.2019 with prayer to direct the SHO of concerned police station to register the case against the accused-applicants.The learned magistrate called the report from the concerned police station and also recorded the statements under Section 200 and 202 Cr.P.C.. and passed the summoning order dated 14.02.2020, against the applicants, to face trial under Sections 392, 323, 504, IPC.Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case and no such incident occurred.No offence under Sections 392, 323, 504, IPC is made out against them.Learned AGA appearing for the State submits that the summoning order has been passed on the basis of the material available on record before the learned Special Judge (D.A.A. Act)/Additional Session Judge, Jhansi, which supports the complaint case and prima-facie cognizable offence is made out against the applicants for their summoning.The order under challenge does not suffer from any illegality..I have considered the submissions advanced by the learned counsels.From the perusal of record and the summoning order it cannot be said that no cognizable offence is made out against the applicants on the basis of the material available before the learned magistrate.The learned Magistrate was satisfied that a prima-facie case for summoning was made out.The satisfaction is based on the material on record before him.

Sections cited: Section 107 in The Indian Penal Code
(29-11-2012) The petitioner has filed this petition being aggrieved by the order dated 22-9-2009 passed by the Commissioner, Rewa Division, Rewa hereby the appeal filed by the petitioner against the order passed by the Collector/District Magistrate, Rewa dated 14-7-2009 cancelling the petitioner's arms licence has been affirmed.The facts that have been brought on record by the petitioner briefly stated, are that the petitioner, who lives in village Gaddi, within the jurisdiction of P.S.Govindgarh, District Rewa, is an agriculturist and has also obtained a mining lease.It is stated that the petitioner had applied for obtaining an arms licence under the provisions of the Arms Act for a .315 Bore Rifle which was accordingly granted to the petitioner on 30-5-2004, however, on a complaint being filed by one Safia Khan, his business rival, a notice was issued to the petitioner on 7-5-2007 by the District Magistrate to which the petitioner had filed a reply but the concerned authority without properly appreciating the same, suspended the arms licence of the petitioner by order dated 11-9-2007, which was assailed by the petitioner before the Commissioner, Rewa Division, Rewa who is the appellate authority.It is stated that the appellate authority, by order dated 6-11-2007 quashed the order of suspension of the arms licence and remanded the matter back to the District Magistrate for fresh adjudication after giving adequate opportunity of hearing to the petitioner pursuant to which the District Magistrate/Collector, Rewa, again took up the matter, called for the report of the Superintendent of Police, Rewa and the concerned police station in respect of the criminal cases registered against the petitioner and his activities and thereafter passed an order dated 14-7-2009 cancelling the petitioner's arms licence.The petitioner challenged the order of cancellation of his arms licence before the Commissioner, Rewa, who, by the impugned order dated 22-9-2009 has affirmed the same, being aggrieved by which the petitioner has filed the present petition.I have heard the learned counsel for the parties at length and perused the record.

Sections cited: Section 34 in The Indian Penal Code, Section 307 in The Indian Penal Code, Section 302 in The Indian Penal Code, Section 294 in The Indian Penal Code, Section 452 in The Indian Penal Code, Section 341 in The Indian Penal Code, Section 324 in The Indian Penal Code, Section 323 in The Indian Penal Code
116 15.12.2020 rkd Ct. No.28 (Allowed) C.R.M. 9977 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uttarpara P.S. Case No. 277 of 2020 dated 13/09/2020 under Section 448/323/325/306/354B/427/379/506/34/201 of the Indian Penal Code.And In the matter of: Falguni Mandal ....petitioner.He and his family members assaulted the petitioner and others.General diary was recorded.Subsequently, petitioner has been falsely implicated in the instant case.Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that the victim committed suicide as his sister had been ill-treated by the petitioner and others.We have considered the materials on record.Grievances expressed in the suicide note may be assessed in the light of the fact that the deceased was accused of torturing his wife who committed suicide.In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioner.The application for anticipatory bail is, thus, disposed of.(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

Sections cited: Section 201 in The Indian Penal Code, Section 34 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 379 in The Indian Penal Code, Section 427 in The Indian Penal Code, Section 306 in The Indian Penal Code, Section 325 in The Indian Penal Code, Section 323 in The Indian Penal Code, Section 448 in The Indian Penal Code