committed grave illegality in convicting and sentencing them Under Section 459 , IPC.
18. Shri Bajwa's another contention is that the alleged ... According to him, the charge for offence Under Section 459 , IPC is not defective and no failure of justice has been occasioned
IPC
( Sections 326 and 459 IPC added later on) at Police Station Fatehgarh Sahib,
District Fatehgarh Sahib ... only Section
326 IPC had been added and Section 459 IPC was added during its pendency.
Learned counsel for the petitioners
IPC read with Section 149 of IPC against the applicants.
12. As discussed above, except charge under Section 459 of
IPC ... IPC is to be altered under Section
452 of IPC and, only charge under Section 452 of IPC
Cr.P.C.
praying for quashing of FIR No.91 dated 05.10.2018 registered under
Sections 458 , 323 , 148 , 149 IPC ( Section 459 ... registered under
Sections 458 , 323 , 148 , 149 IPC ( Section 459 , 325 IPC added lateron), at
Police Station Mehal Kalan, District Barnala
2009. Actually, no offence under section 459
IPC was properly alleged in this case. More over, for the
same sets of facts, crime ... they
excluded the 2nd accused/petitioner and offence under
Section 459 IPC. In the circumstance, the defacto
complainant filed CMP 206/09 which
Sections
147 , 148 , 149 , 323 , 294 , 506 , 427 , 458 and 459 of Indian
Penal Code, 1860.
Earlier the regular bail had been granted to these ... matter and the only change is the
enhancement of Section 459 IPC which did not form part of the
chargesheet. With these submissions
Cr.P.C. for quashing of
FIR No. 5 dated 14.1.2017, for offences under Sections 458 , 323 ,
506 , 148 , 149 IPC (459 IPC
years rigorous
imprisonment each for offence under Section 307 / 149 and 459
IPC with fine of Rs.10,000/- for offence under Section ... IPC and of equal denomination for offence under Section 459 IPC
and in default of payment of fine to undergo simple
under Sections 148, 149/159, 149/302, 149/380 of the Indian Penal Code, but seven of them were acquitted, and Haradhan Sen and Nemai ... sentence was imposed for the offences under sections 148, 380 and 459 of the I.P.C.
2. Against the said judgment of conviction
13201/2020, an application for including the
Sections 149 , 459 IPC in the cause title.
For the reasons stated in the application
