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1 - 7 of 7 (0.27 seconds)Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Gangula Mohan Reddy vs State Of A.P on 5 January, 2010
From perusal of this section it is evident that there should be a suicide by some one to constitute an offence punishable under Section 306 I.P.C. In (2010) 1 Supreme Court Cases (Cri.) 917 (Gangula Moan Reddy Vs. State of Andhra Pradesh) and (2011) 2 Supreme Court Cases (Cri) 1 ( M. Mohan Vs. State represented by the Deputy Superintedent of Police) it has been categorically held by the Apex Court that to constitute an offence punishable under Section 306 I.P.C. there must be a suicide by some one. In the case in hand it is evident that the husband of opposite party no. 2 had died due to heart attack and he did not commit suicide, therefore filing of a chargesheet and cognizance of the case under such section was totally uncalled for and such type of proceedings cannot be allowed to continue. From the perusal of the copy of the ordersheet it is evident that the learned Magistrate has issued non-bailable warrant in a routine manner without ensuring whether the applicants were served with the summons issued by his court or not. It also appears that the order dated 30.11.2007 was written by his reader and he simply put his initials on it. Such type of practice on the part of a Magistrate is not desirable.
M.Mohan vs State Tr.Dy.Supdt.Of Police on 1 March, 2011
From perusal of this section it is evident that there should be a suicide by some one to constitute an offence punishable under Section 306 I.P.C. In (2010) 1 Supreme Court Cases (Cri.) 917 (Gangula Moan Reddy Vs. State of Andhra Pradesh) and (2011) 2 Supreme Court Cases (Cri) 1 ( M. Mohan Vs. State represented by the Deputy Superintedent of Police) it has been categorically held by the Apex Court that to constitute an offence punishable under Section 306 I.P.C. there must be a suicide by some one. In the case in hand it is evident that the husband of opposite party no. 2 had died due to heart attack and he did not commit suicide, therefore filing of a chargesheet and cognizance of the case under such section was totally uncalled for and such type of proceedings cannot be allowed to continue. From the perusal of the copy of the ordersheet it is evident that the learned Magistrate has issued non-bailable warrant in a routine manner without ensuring whether the applicants were served with the summons issued by his court or not. It also appears that the order dated 30.11.2007 was written by his reader and he simply put his initials on it. Such type of practice on the part of a Magistrate is not desirable.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Secy. Of State vs Ghanshyam Das Baij Nath on 31 March, 1933
This petition under Section 482 Cr.P.C. has been filed by the applicants with the prayer that the entire proceedings of Case 4325 of 2007 ( State Vs. Ghanshyam Das Jaiswal) pending in the court of ACMM Ist, Kanpur Nagar under Sections 306, 504 and 506 I.P.C. based on chargesheet no. 13 of 2006 dated 31.1.2006 arising out of Case Crime No. C-11/2005, Police Station Pheelkhana, Kanpur Nagar be quashed alongwith the order dated 3.3.2008 through which a non- bailable warrant was issued against the applicants.
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