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1. The petitioner is accused under section 448 / 506 IPC and Section
3(1) (v) of the Scheduled Caste ... Section 3 (1) (v) of the Act. The instant
petition is filed for quashing of complaint pending in the court of MM
under Section 448
circumstances of this case, when they were charged under Section 395 , and not under Sections 448 and 323 , I. P. C, their conviction under ... misdirection. If it was intended that, failing Section 393, the accused might be convicted under Sections 448 and 323 , I.P.C., then charges should
both the offences viz. (1) under Section 467 read with Section 114 Indian Penal Code and (2) Section 193 Indian Penal Code on the ground ... provisions of Section 195(1)(b)(ii) & (iii) IPC .
(22) This brings me to the offence under Section 448 Indian Penal Code
section (2) of
Section 240 Cr.P.C.
10. On 01.06.2004 the learned Trial Court framed the charges under
Sections 448 / 34 IPC against Jasmine ... again the
learned Metropolitan Magistrate acquitted the accused persons under
Section 448 / 34 IPC. The state has not preferred any appeal qua the said
acquittal
court took
cognizance against the petitioner for the
offence punishable under section 448 IPC.
Brief facts of the case are that on
23.07.2007, respondent ... registered against
petitioner Rajendra Prasad Saraf for the
offences punishable under sections 448 , 454 , 380
IPC on 27.07.2007. The police after thorough
investigation has submitted
police to
circumvent the provisions of section 468 Cr.PC because the charge sheet u/s 448 IPC was
barred by limitation. Section ... discharged for the offence under Section 380 IPC and banked under the
charge sheet wherein offence under Section 448 IPC figured. Admittedly
the state
appellant has been convicted under Section 302
read with Section 34 of the IPC and also under Section 448 read with
Section ... Ashok
Dhar were convicted under Section 302 read with Section 34 of the IPC
and also under Section 448 read with Section
under Sections 200 & 220 Cr.P.C.
Here, it is not the case of following procedure either under
Section 200 or Section ... intentions mentioned in Section 441
IPC. In the case at hand evidence clearly establishes the
commission of offence punishable under Section 448
judgement dated 12.04.2006, convicted the petitioners 1 to 3 under Sections 448 & 427 of IPC and sentenced them to undergo simple imprisonment ... three months for the offence under Section 427 of IPC and convicted the 4th petitioner under Section 448
prosecution do not discloses any offence under Section 4 of the POCSO Act
and under Section 448 IPC and hence, the impugned judgment of conviction ... committed illegality in
convicting and sentencing him under Section 4 of the POCSO Act and Section 448 IPC. As such,
the impugned judgment of conviction
