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1 - 8 of 8 (0.50 seconds)Section 308 in The Indian Penal Code, 1860 [Entire Act]
Section 353 in The Indian Penal Code, 1860 [Entire Act]
Ram Jas vs State Of U.P on 11 September, 1970
10. Further, it is true that, in the decision
reported in Ram Jas v. State of U.P. AIR 1974 (S.C.)
1811, it has been observed that, merely giving a false
address or wrong identification to attest the affidavit by the
person before the oath commissioner, it cannot be said that
he had committed the offence punishable under Section 419
of the Indian Penal Code. Though Section 419 of the Indian
Penal Code is not as such applicable, giving a false address,
so as to get themselves exonerated from the case and divert
the investigation on the part of the accused will amount to
an offence and it is for the court to consider the allegations
and frame appropriate charge in such circumstances.
Merely because a wrong provision was quoted by the police
officer is not a ground to quash the proceedings, if the
Crl.M.C. No.1087 of 2014
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allegations in the final report and the materials collected
will disclose some other offence, then there is no bar for the
court to frame charge under the correct provisions and
proceed against the accused. Since the present petitioner
did not appear, the question as to whether he had
committed any offence by giving false address etc. are
matter to be considered after evidence. So under the
circumstances, the dictum laid down in the above decision
is not applicable to the facts of this case.
The Negotiable Instruments Act, 1881
Moosa vs Sub Inspector Of Police on 23 December, 2005
In the decision reported in Moosa v. Sub
Inspector of Police [2006 (1) KLT 552 (Full Bench)],
this court has held that, acquittal of some of the accused by
itself is not a reason to bar the trial in the case of other
accused. Such judgment will be admissible only to show, as
to who were the parties in the earlier proceedings or the
factum of acquittal. Further in the same decision, it has
been held that, acquittal of some of the accused after trial
will not entitle co-accused for acquittal invoking the
inherent powers. Further the same decision has been held
that, unless it was able to come to a conclusion that, by
virtue of the previous judgment, the entire prosecution case
has been shattered, it cannot be said that, acquittal of some
of the accused persons will entitle the co-accused get
acquittal, without facing trial. In this case, the present
petitioner did not appear and so, there is no possibility for
CW1 to speak about the present accused person and
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regarding his involvement in the commission of crime.
Further, the reasons stated by the presiding officer in
Annexure-III judgment, need not necessarily be binding on
his successor officer, as he has to evaluate the evidence
produced before him, while trying the present accused by
examining the witnesses and come to an independent
conclusion regarding the involvement of the present
accused by that presiding officer.
Section 482 in The Indian Penal Code, 1860 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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