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1 - 10 of 15 (0.29 seconds)The Code of Criminal Procedure, 1973
Section 154 in The Indian Penal Code, 1860 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015
4. Hon'ble Supreme Court of India has laid down guidelines to decide
applications u/s 156(3) Cr.P.C. in a case titled as Priyanka Srivastava and
Another v. State of U.P. and Others (CRIMINAL APPEAL NO.781 OF 2012 )
DOD. 19.03.15, wherein it was held
"26. At this stage it is seemly to state that power under Section
156(3) warrants application of judicial mind. a court of law is
involved. It is not the police taking steps at the stage of Section
154 of the code. A litigant at his own whim cannot invoke the
authority of the Magistrate. A principled and really grieved
citizen with clean hands must have free access to invoke the
said power. It protects the citizens but when pervert litigations
takes this route to harass their fellows citizens, efforts are to be
made to scuttle and curb the same.
Subhkaran Luharuka & Anr. vs State & Anr. on 9 July, 2010
5. To hold a person guilty of cheating, it is necessary to show that he had
fraudulent and dishonest intention at the time of making the promise. From his
mere failure to keep up the promise subsequently, a culpable intention right at the
beginning, that is, when he made the promise cannot be presumed (reliance being
placed on the judgment of Hon'ble Delhi High Court titled as "Subhkaran
Laharuka & Anr. Vs. State & Anr"). Thus the element of mensrea is totally missing
in the present case.