Search Results Page
Search Results
1 - 10 of 18 (0.35 seconds)
Dr. Kumar Shreyaskar @ Kumar ... vs The State Of Bihar, Through The Director ... on 18 October, 2023
cites
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Article 226 in Constitution of India [Constitution]
Shambhu Kharwar vs The State Of Uttar Pradesh on 12 August, 2022
23. The learned counsel for the petitioner next
relying on the case of Shambhu Kharwar Vs. The State of
U.P. & Anr. (supra) submits that where two consenting
Patna High Court CR. MISC. No.71748 of 2023(2) dt.18-10-2023
14/17
adults enter into a consensual relationship, no offence under
Section 376 IPC is made out as the crucial ingredients of
rape as defined under Section 375 IPC are absent.
Maheshwar Tigga vs The State Of Jharkhand on 28 September, 2020
22. The learned counsel for the petitioner next
relying on the case of Maheshwar Tigga Vs. The State of
Jharkhand (supra) submits that- that misconception of fact
has to be in proximity of time to the occurrence and cannot
be spread over the period of 12 years, further relying on the
case of Pramod Suryabhan Pawar Vs. State of
Maharashtra & Anr. (supra), it is submitted that the O.P.
No. 6 alleges that promise to marry was made in 2011, as
such, it cannot be said that the promise so made was false in
2023.
Salib @ Shalu @ Salim vs The State Of Uttar Pradesh on 8 August, 2023
24. The learned counsel for the petitioner lastly
submits relying on the case of Salib @ Shalu @ Salim Vs.
State of U.P. & Ors. (supra) that when the Court is
exercising its inherent jurisdiction under Section 482 of the
Cr.P.C. which is to be used sparingly, but then while dealing
with the case, it is not enough for the Court just to look into
the averments made in the F.I.R./Complaint alone for the
purposes of ascertaining whether the necessary ingredients
to constitute the alleged offences are disclosed or not, it is
next submitted that the Court must be circumspect while
Patna High Court CR. MISC. No.71748 of 2023(2) dt.18-10-2023
15/17
dealing with frivolous or vexatious proceedings by looking
into many other attending circumstances emerging from the
record of the case over and above the averments and if need
be, with the due care and circumspection tried to read in
between the lines, further the Court while exercising its
jurisdiction under Section 482 of the Cr.P.C. or Article 226
of the Constitution of India need not restrict itself only to
the stage of a case but is empowered to take into account
the overall circumstances leading to the registration of the
case as well as the materials collected in the course of
investigation.