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_____________________________________________ vs State Of H.P. & Others on 12 July, 2016 cites

Fiona Shrikhande vs State Of Maharashtra & Anr on 22 August, 2013

7. Submission of petitioner that words 'misbehave and abuse' do not fall within definition of Section 506 IPC and on this of ground order of learned Trial Court summoning accused be quashed is rejected being devoid of any force for reasons hereinafter mentioned. It is proved on record that learned Trial rt Court summoned accused under two criminal offences (1) 504 IPC, (2) 506 IPC. Section 504 IPC comprises of following ingredients: (1) Intentional insult (2) That insult must be such as to give provocation to the person insulted. (3) That accused must intend or know that such provocation would cause another to break the public peace or to commit any other offence. See AIR 2014 SC 957 title Fiona Shrikhande vs. State of Maharashtra. Even as per section 506 IPC prosecution is under legal obligation to prove that criminal intimidation was given by accused and threat was given by accused to cause death or grievous hurt. At the stage of summoning the accused learned Trial Court is under legal obligation to give findings whether there are sufficient grounds for proceeding against accused as per ::: Downloaded on - 15/04/2017 20:47:37 :::HCHP 6 statements recorded by prosecution during investigation and as per documents annexed with challan.
Supreme Court of India Cites 6 - Cited by 134 - K Radhakrishnan - Full Document

Popular Muthiah vs State Represented By Inspector Of ... on 4 July, 2006

case was initially conducted by ASI Baldev Singh who has submitted cancellation report to SHO Police Station Boileauganj and thereafter HC Sushil Kumar on dated 26.02.2012 has again recommended closure of the case and on this ground petition filed of under Section 482 Cr.PC be allowed is rejected being devoid of any force for reasons hereinafter mentioned. It is held that subsequent material facts can reopen criminal case in accordance rt with law. Accused is at liberty to summon ASI Baldev Singh and HC Sushil Kumar when case will be listed by learned Trial Court for defence evidence in order to prove his innocence. It is well settled law that further investigation can be conducted under Section 173(8) Code of Criminal Procedure 1973 relating to further oral or documentary evidence. It was held in case reported in 2006(7) SCC 296 title Popular Muthiah vs. State that Court should not interfere with the statutory powers of investigation agency.
Supreme Court of India Cites 35 - Cited by 426 - S B Sinha - Full Document
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