High Court as per the
provisions of Section 395 of the Criminal Procedure Code, 1973
in respect of validity/operation of Sections ... section 251 to 254 of the
CRPC and it is to be required to send before the Hon'ble High
Court under section 395
judis
Crl.R.C.No.956 of 2021
Section 395 ... failed to consider that it
has no jurisdiction or competency under Section 395 Cr.P.C., to decide legal
issue regarding the maintainability of petition
trial, it cannot be said that the offence
under Section 391 IPC punishable under Section 395 IPC
is not made out. What is required ... highest this could be
an offence under Section 302 IPC and not Section 395 read with Section
397 IPC. Since this Court has already rejected
whereby, the appellants in the
aforementioned appeals had been convicted under Sections 395 and
397 IPC and sentenced to undergo rigorous imprisonment for a
period ... Sections 378 to 462 ) deals with
offences against property. Sections 378 to 382 relate to
theft. Sections 383 to 389 concern offences of extortion.
Sections
Trial No. 204 of 1981 convicting and sentencing the appellants under Section 395 IPC to five years rigorous imprisonment along with fine ... Section 428 Cr.P.C.
The appellant no.1/Rama Shanker was acquitted of the charges levelled against him under Section 397 IPC and Section
under Section 25 of the Act and separately
they were charged under Sections 147, 148, 307 read with
149 IPC and Sections 395 ... Section 25 of the Act.
51. Appellants Poran Singh Latwal and Ramesh
Kharwal are acquitted of the charge under Sections under
Section 395
incriminated
accused Vishwanath under section 412 IPC. Their deposition
regarding the recovery is not corroborative of the charge under
sections 395 / 397 IPC against ... proving the charge under section
412 IPC or act as supporting evidence of the charge under
sections 395 / 397 IPC.
108. In this context
28421/2016
FIR No. : 280/2015
Under Section: 395/511 IPC
PS : Timarpur
State versus Udit Narayan (on Bail)
S/o Sh. Jai Prakash ... Kumar (Hereinafter
referred to as 'the complainant') punishable under Section 395
of 'The Indian Penal Code , 1860' (In short
offence of theft. Hence, Section 3(2)(va)
would not be applicable in the case. Further,
the offence under Section 395 of the IPC does ... Section 3(1)(r) and Section 3(2)
(va) of the Atrocity Act would not be
applicable in both the impugned FIRs.
Further, Section 395
rigorous imprisonment for 6
months each for committing the offence under section 395 IPC and further to
undergo simple imprisonment for 6 months ... POCSO Act and u/s
376(2)(i) IPC are confirmed. But he is acquitted for the offence under Section
147 / 395 / 448 IPC. Hence
