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K. Subba Rao Vs The State Of Telangana on 21 August, 2018

Posted on August 23, 2018 by ShadesOfKnife

A recent 2018 quash judgment from Hon’ble Supreme Court in a case of 498A based on the allegations made on maternal uncles, prima facie, not making out any case as alleged.

From Paras 4 and 5,

4. A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are not the immediate family members of the third Respondent/husband. They are the maternal uncles of the third Respondent. Except the bald statement that they supported the third Respondent who was harassing the second Respondent for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned. The Appellants approached the High Court when the investigation was pending. The charge sheet and the supplementary charge sheet were filed after disposal of the case by the High Court.

5. Criminal proceedings are not normally interdicted by us at the interlocutory stage unless there is an abuse of process of a Court. This Court, at the same time, does not hesitate to interfere to secure the ends of justice. See State of Haryana v. Bhajan Lal 1992 Supp. (1) SCC 335. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. See Kans Raj v. State of Punjab & Ors. (2000) 5 SCC 207 and Kailash Chandra Agrawal and Anr. v. State of Uttar Pradesh & Ors. (2014) 16 SCC 551.

K. Subba Rao Vs The State Of Telangana on 21 August, 2018

Citations: [2018 SCC 14 452], [2018 SCC ONLINE SC 1080], [2018 AIR SC 4009]

Other Sources:

https://indiankanoon.org/doc/85067403/

https://www.casemine.com/judgement/in/5b7c448e9eff436a94f01d47

https://www.scconline.com/blog/post/2018/08/22/relatives-of-husband-acquitted-of-charge-under-section-498-a-ipc-on-finding-allegations-to-be-omnibus-and-unspecific-sc/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 120B Not Made Out IPC 365 - Not Made Out IPC 420 - Not Made Out IPC 498a - Not Made Out K. Subba Rao Vs The State Of Telangana | Leave a comment

Bhanwar Lal Vs State of Rajasthan on 18 August, 2017

Posted on August 21, 2018 by ShadesOfKnife

Hon’ble Supreme Court held that if there is second (or more) FIRs on the same facts, then all of them need to be consolidated with FIR that was registered first and investigated together as one FIR.

 

Bhanwar Lal Vs State on 18 August, 2017
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Bhanwar Lal Vs State of Rajasthan Consolidation Of FIRs | Leave a comment

IPC 467 – Forgery of valuable security, will, etc

Posted on August 21, 2018 by ShadesOfKnife

—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 467 - Forgery of valuable security will etc. | Leave a comment

IPC 476 – Counterfeiting device or mark used for authenticating docu­ments other than those described in section 467 or possessing counterfeit marked material.

Posted on August 21, 2018 by ShadesOfKnife

—Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating 1[any document or electronic record] other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Read IPC 467 here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 476 - Counterfeiting device or mark used for authenticating documents other than those described in section 467 or possessing counterfeit marked material | Leave a comment

IPC 475 – Counterfeiting device or mark used for authenticating docu­ments described in section 467 or possessing counterfeit marked material

Posted on August 21, 2018 by ShadesOfKnife

—Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticat­ing any document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the sub­stance of which any such device or mark has been counterfeited, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to seven years, and shall also be liable to fine.

Read IPC 467 here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 475 - Counterfeiting device or mark used for authenticating documents described in section 467 or possessing counterfeit marked material | Leave a comment

IPC 471 – Using as genuine a forged document or electronic record

Posted on August 21, 2018 by ShadesOfKnife

—Whoever fraudulently or dishonestly uses as genuine any 1[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 1[document or electronic record].

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 471 - Using as genuine a forged document or electronic record | Leave a comment

IPC 463 – Forgery

Posted on August 21, 2018 by ShadesOfKnife

— 340 [Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 463 - Forgery | Leave a comment

Surender Kaushik & Ors Vs State Of U.P & Ors on 14 February, 2013

Posted on August 21, 2018 by ShadesOfKnife

Hon’ble Apex Court has once for all clarified the position on permissibility of second FIR with this judgment,

From Para 25,

In the case at hand, the appellants lodged the FIR No. 274 of 2012 against four accused persons alleging that they had prepared fake and fraudulent documents. The second FIR came to be registered on the basis of the direction issued by the learned Additional Chief Judicial Magistrate in exercise of power under Section 156(3) of the Code at the instance of another person alleging, inter alia, that he was neither present in the meetings nor had he signed any of the resolutions of the meetings and the accused persons, five in number, including the appellant No. 1 herein, had fabricated documents and filed the same before the competent authority. FIR No. 442 of 2012 (which gave rise to Crime No. 491 of 2012) was registered because of an order passed by the learned Magistrate. Be it noted, the complaint was filed by another member of the Governing Body of the Society and the allegation was that the accused persons, twelve in number, had entered into a conspiracy and prepared forged documents relating to the meetings held on different dates. There was allegation of fabrication of the signatures of the members and filing of forged documents before the Registrar of Societies with the common intention to grab the property/funds of the Society. If the involvement of the number of accused persons and the nature of the allegations are scrutinized, it becomes crystal clear that every FIR has a different spectrum. The allegations made are distinct and separate. It may be regarded as a counter complaint and cannot be stated that an effort has been made to improve the allegations that find place in the first FIR. It is well-nigh impossible to say that the principle of sameness gets attracted. We are inclined to think so, for if the said principle is made applicable to the case at hand and the investigation is scuttled by quashing the FIRs, the complainants in the other two FIRs would be deprived of justice. The appellants have lodged the FIR making the allegations against certain persons, but that does not debar the other aggrieved persons to move the court for direction of registration of an FIR as there have been other accused persons including the complainant in the first FIR involved in the forgery and fabrication of documents and getting benefits from the statutory authority. In the ultimate eventuate, how the trial would commence and be concluded is up to the concerned court. The appellants or any of the other complainants or the accused persons may move the appropriate court for a trial in one court. That is another aspect altogether. But to say that it is a second FIR relating to the same cause of action and the same incident and there is sameness of occurrence and an attempt has been made to improvise the case is not correct. Hence, we conclude and hold that the submission that the FIR lodged by the fourth respondent is a second FIR and is, therefore, liable to be quashed, does not merit acceptance.

Surender Kaushik & Ors Vs State Of U.P & Ors on 14 February, 2013
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Principle Of Sameness Second FIR Permission When Events Are From Different Occurances Surender Kaushik and Ors Vs State Of U.P and Ors | Leave a comment

State Of J&K and Another vs Abdul Rehman Mir on 4 August, 2016

Posted on August 21, 2018 by ShadesOfKnife

Another judgment this time from Hon’ble High Court of Jammu & Kashmir, clearly holding that the series of events on the fateful date of 10th July, 2016, are not part of the same transaction because the first occurrence was over when the case was registered on the basis of detailed report as reflected in the first information report. The killing of deceased son of the respondents is a second occurrence hence registration of second FIR regarding this occurrence is permissible.

 

State Of J&K and Another Vs Abdul Rehman Mir on 4 August, 2016
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged Second FIR Permission When Events Are From Different Occurances State Of J and K and Another vs Abdul Rehman Mir | Leave a comment

5 Strategies To Prevent Delays In Court Proceedings

Posted on August 20, 2018 by ShadesOfKnife

Very good suggestions one can follow to Prevent Delays In Court proceedings. Prepared by Advocate Nithia.

5 STRATEGIES TO PREVENT DELAYS IN COURT
Posted in General Study Material | Tagged Prevent Delays In Court Proceedings | Leave a comment

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