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Documents citing Kashiben Chhaganbhai Koli vs State Of Gujarat on 4 December, 2008

Sarfaraj And Others vs State Of U.P. And Another on 19 August, 2025

24. The Hon'ble Supreme Court, in the case of Kashiben Chhaganbhai Koli Vs. State of Gujarat; (2008) 17 SCC 100, has held that so far as Section 427 I.P.C. is concerned, the expression "mischief" has been defined in Section 425 I.P.C. to mean an act done with intent to cause or knowing that it is likely to cause wrongful loss or damage to the public or to any person causes the destruction of any property etc. In the instant case the evidence on record clearly establishes that the sugarcane stems in the fields of the claimants were totally destroyed by using a tractor, therefore, Section 427 I.P.C. is clearly established. In the instant case, the allegations have been levelled that on account of ploughing of crop by the applicants, the complainant suffered loss of Rs.50,000/- but the contents of the complaint and the evidence on record does not indicate as discussed above. There is contradiction in regard to the ploughing of crop and no material in support of the averments have been shown or placed on record. It has also not been disclosed as to who was driving the tractor. It is also very strange that if a person suffered a loss of Rs.50,000/-, he would keep mum for about 9 months, particularly when the F.I.R. was lodged by the applicants promptly and on the very next date of the incident.
Allahabad High Court Cites 25 - Cited by 0 - R Kumar - Full Document
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