Search Results for "IPC 397"

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Search Results for "IPC 397"

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High Court

Bombay High Court Acquits Appellants in Murder and Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 302, 397, 341 read with Section 34 IPC set aside as sole testimony of interested witness without independent corroboration insufficient to sustain conviction.

4 Mar 2022

The case involves two appeals against a conviction by the Sessions Judge, Gr. Bombay, in Sessions Case No. 440 of 2010, where the appellants were conv...

High Court

High Court of Karnataka Allows Revision Petitions in Domestic Violence and Dowry Harassment Cases — Orders Quashed Due to Procedural Irregularities and Lack of Proper Application of Mind. The court held that orders under the Protection of Women from Domestic Violence Act, 2005 and convictions under IPC and Dowry Prohibition Act must be based on proper application of mind and evidence.

6 Feb 2021

The case involves multiple criminal revision petitions filed before the High Court of Karnataka at Bengaluru, challenging orders passed by lower court...

High Court

High Court of Karnataka Allows Revision Petition Challenging Non-Taking of Cognizance for Serious Offences in Private Complaint Case — Held That Magistrate Must Apply Mind to Complaint and Consider Cognizance of All Offences Disclosed

15 Oct 2019

The petitioner, Nagaraja Rao C.H., filed a criminal revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challen...

High Court

High Court of Karnataka Dismisses Revision Petitions Challenging Charge Framing in CBI Case — No Ground to Interfere with Trial Court's Order at Preliminary Stage. The court held that at the stage of framing charge, only a prima facie case or strong suspicion is required, and the revisional court cannot re-appreciate evidence.

30 Aug 2019

The judgment pertains to two criminal revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by ac...

High Court

Bombay High Court Upholds Conviction for Robbery with Deadly Weapon in Night-Time Incident — Injuries on Appellant Explained by Mob Apprehension. The court held that the testimony of four injured eyewitnesses was credible and the non-recovery of the knife did not discredit the prosecution case under Section 394 read with Section 397 IPC.

21 Jan 2019

The appellant, Mahesh Ramprasad Gupta, was convicted by the 2nd Additional Sessions Judge, Akola in Sessions Trial No. 131/2002 for offences under Sec...

High Court

Bombay High Court Quashes Process Against Wife in Criminal Complaint for Defamation and Dishonour of Cheque — Statements Made in Legal Proceedings Are Not Defamatory. Statements made in a writ petition before a court are absolutely privileged and cannot form the basis of criminal proceedings under Sections 499, 500 IPC or Section 138 of the Negotiable Instruments Act, 1881.

2 Nov 2018

The applicant, a wife, challenged the order of issuance of process dated 24/07/2017 passed by the Judicial Magistrate First Class, Nagpur, in Misc. Cr...

High Court

Bombay High Court Acquits Accused in Robbery Case Due to Illegal Sentence Below Minimum and Unreliable Identification. Conviction under Section 397 IPC set aside as sentence of four years is below the mandatory minimum of seven years and identification by streetlight at 4:30 a.m. was doubtful.

23 Mar 2015

The applicant, Rahul Guruprasad Mishra, was convicted by the Assistant Sessions Judge, Mumbai, in Sessions Case No.403 of 2013 for an offence punishab...

High Court

Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Section 397 IPC set aside as sole identifying witness failed to provide consistent description and knife was not proved to be used in the manner required for 'deadly weapon' under Section 397.

6 Feb 2012

The appellant, Vitthal s/o Jagannath Bobade, was convicted by the Additional Sessions Judge, Aurangabad, under Section 397 of the Indian Penal Code, 1...

High Court

Bombay High Court Dismisses Writ Petition Challenging Revisional Order Setting Aside Process in Forgery Case — Sanction Under Section 195 CrPC Required for Prosecution of Offences Under Sections 463, 465 IPC When Alleged Forgery Relates to Proceedings Before Revenue Authorities.

17 Oct 2011

The petitioner, Bhausaheb Shivaramji @ Francis Ignati Bodhak, filed a criminal writ petition under Article 227 of the Constitution of India challengin...

High Court

Bombay High Court Allows Life Convicts' Open Prison Admission Despite Robbery Convictions — Rule 4(2)(vii) of Maharashtra Open Prisons Rules, 1971 Not Applicable When Life Sentence Is Primary. The court held that convicts sentenced to life imprisonment under Section 302 IPC along with lesser sentences under Sections 392-397 IPC, with concurrent sentences, are eligible for open prison after completing the lesser sentence.

12 Aug 2010

The Bombay High Court decided three criminal writ petitions raising a common issue: whether convicts sentenced to life imprisonment under Section 302 ...

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