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1 - 10 of 27 (0.28 seconds)Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 499 in The Indian Penal Code, 1860 [Entire Act]
Fiona Shrikhande vs State Of Maharashtra & Anr on 22 August, 2013
"25. Now, reverting back to Section 506, which is offence of
criminal intimidation, the principles laid down by Fiona
Shrikhande [Fiona Shrikhande v. State of Maharashtra, (2013)
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14 SCC 44 : (2014) 1 SCC (Cri) 715] has also to be applied
when question of finding out as to whether the ingredients
of offence are made or not. Here, the only allegation is that
the appellant abused the complainant. For proving an
offence under Section 506 IPC, what are the ingredients
which have to be proved by the prosecution? Ratanlal &
Dhirajlal on Law of Crimes, 27th Edn. with regard to proof of
offence states the following:
Section 503 in The Indian Penal Code, 1860 [Entire Act]
Article 19 in Constitution of India [Constitution]
Section 500 in The Indian Penal Code, 1860 [Entire Act]
Section 203 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
"9. We are unable to appreciate the reasoning that the
provision incorporated in the agreement for referring the
disputes to arbitration is an effective substitute for a
criminal prosecution when the disputed act is an offence.
Arbitration is a remedy for affording relief to the party
affected by a breach of the agreement, but the arbitrator
cannot conduct a trial of any act which amounted to an
offence, albeit the same act may be connected with the
discharge of any function under the agreement. Hence,
those are not good reasons for the High Court to axe down
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the complaint at the threshold itself. The investigating
agency should have had the freedom to go into the whole
gamut of the allegations and to reach a conclusion of its
own. Pre-emption of such investigation would be justified
only in very extreme cases as indicated in State of
Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992
Supp (1) SCC 335: 1992 SCC (Cri) 426]."