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True Colors of a Vile Wife

Tag: IPC 506 – Not Made Out

Arun Thakur Vs State of Chhattisgarh on 10 July 2019

Posted on December 12, 2020 by ShadesOfKnife

Whether an Advocate, while acting under the instructions of his client and proceeding professionally, can be prosecuted / punished for the offence of defamation punishable under Section 500 of the Indian Penal Code is the precise question involved in this petition which came before High Court of Chhattisgarh.

From Para 10,

10. It appears from the aforesaid genealogical tree that respondent No.2 herein has been shown to be the concubine / wife of Ghanshyam Pandey. This, according to respondent No.2, is defamatory, as she is the legally married wife of Ghanshyam Pandey after the death of his first wife Smt. Tarini Pandey and that led to the present dispute.

From Para 24,

24. In light of above-stated legal analysis, an advocate, who acted professionally as per instructions of his/her client, cannot be made criminally liable for the offence of defamation under Section 500 of the IPC unless contrary is alleged and established.

From Para 26,

….

As such, an Advocate who has acted professionally and drafted plaint making averment as per the instructions of his client, cannot be held liable for the offence of defamation under Section 500 of the IPC.

Finally from Para 33,

33. Admittedly, respondent No.2 claims that the alleged incident happened in the year 2014 and after lapse of 3-4 years, FIR has been lodged which clearly goes to show that there was no intention of the petitioner to cause harm, as in such a case, she would have rushed to the police authority well in time. As such, even it cannot be held that the petitioner has abused and insulted respondent No.2 in terms of Section 506 of the IPC.

Arun Thakur Vs State of Chhattisgarh on 10 July 2019
Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Arun Thakur Vs State of Chhattisgarh Catena of Landmark Judgments Referred/Cited to IPC 294 - Not Made Out IPC 499 - Defamation IPC 499 - Defamation Not Made Out IPC 506 - Not Made Out IPC 509 - Not Made Out Legal Procedure Explained - Interpretation of Statutes Professional Advice of Advocate | Leave a comment

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Posted on April 2, 2020 by ShadesOfKnife

Smt. S.D. Javalgekar, Judicial Magistrate First Class (Court No.5) Sangli delivered this judgment.

Para 23,

23. From the above discussion, it becomes clear that, the prosecution has failed to prove the allegations against the accused beyond reasonableย  doubts. Though in such offences special weightage should be given to the version of the complainant, it should also be corroborated by other supportive evidence. In absence of such evidence vague allegations of the complainant cannot be taken as true. There are many instances in society wherein females of mischievous nature spoil the family peace by making false allegations and by unnecessarily involving innocent persons in the offence. From the discussion above, I find no substance in the various allegations of the complainant. Hence, I hold that accused persons are innocent and not liable for the offences punishable under Section 498A, 323, 504 and 506 of the Indian Penal Code.

State of Maharashtra Vs Rahul Ramchandra Khedkar on 18 May 2018

Citations:

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A IPC 323 - Not Made Out IPC 498a - Not Made Out IPC 504 - Not Made Out IPC 506 - Not Made Out Legal Terrorism State of Maharashtra Vs Rahul Ramchandra Khedkar | Leave a comment

Dr.Varun Kumar Vs The State of TN on 26 June, 2018

Posted on September 16, 2018 by ShadesOfKnife

This is a case of malicious litigation per High Court of Madras in a complaint for offences under Sections 406, 417, 420, 506(i) IPC, Section 4 of Dowry Prohibition Act, 1961 (herein after referred to as DP Act), Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 (herein after referred to as TNPHW Act) and Section 66 of Information Technology Act, 2000 (herein after referred to as IT Act).

Hon’ble Court has mercilessly quashed the petition and threw it out the window, for good.

Dr.Varun Kumar Vs The State of TN on 26 June, 2018
Posted in High Court of Madras Judgment or Order or Notification | Tagged DP Act 4 - Not Made Out Dr.Varun Kumar Vs The State of TN IPC 417 - Punishment for cheating IPC 420 - Not Made Out IPC 506 - Not Made Out Section 66 of IT Act Sensational Or Peculiar Cases | Leave a comment

Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012

Posted on May 8, 2018 by ShadesOfKnife

This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.

The grounds on which quash is done are

  1. No territorial jurisdiction
  2. No specific allegations on accused
  3. No justification for delay of 7 years in filing complaint

 

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

Indiankanoon.org link: https://indiankanoon.org/doc/125470413/

Citations: [(2012) 10 SCC 741]


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Delay or Unexplained Delay In Filing Complaint DP Act 3 - Not Made Out DP Act 4 - Not Made Out Geeta Mehrotra and Anr Vs State Of U.P. and Anr IPC 506 - Not Made Out Landmark Case Legal Procedure Explained - Interpretation of Statutes No Territorial Jurisdiction Reportable Judgement or Order | Leave a comment

Rekha Jain vs The State on 12 September, 2017

Posted on April 28, 2018 by ShadesOfKnife

This is a good judgment from Justice Sh. Ashutosh Kumar at Delhi District Court at Rohini Court, Delhi. Many law points are elucidated with support from various orders from Hon’ble Supreme Court and other Courts.

Intro

Knife filed three complaints to Police,

  1. first one with general allegations pertaining to the entire duration of her stay at in-laws home
  2. another complaint to ACP, again, with general allegations pertaining to the entire duration of her stay at in-laws home, which she claims was withdrawn under pressure from in-laws
  3. another complaint to ACP, after a gap of 7 months, seeking reopening of the complaint #2, this time with improved allegations such as dowry demand and taking away of entire jewelry and few financial allegations such as NOT helping her to recharge her phone, NOT payment of fee of her M.Sc. II year

Proceedings

Interestingly, advocate for the husband and his family relied on a catena of 33 judgments.

Advocate for Knife tried to argue that revision petition is not maintainable as per section 397 Cr.P.C since the order framing of charge is an interlocutory order, which was binned by the Hon’ble Judge by saying ‘from law laid down in catena of subsequent judgments which are still valid, it has been well settled that the order framing of charge is not an interlocutory order and hence revision petition against the same would be maintainable.‘

Since the order framing of charge substantially affects the rights of accused and in case the plea of the accused is accepted in revision against order of framing of charge, it would finally culminate the proceedings, thus the order of framing of charge cannot be said to be interlocutory.

 

In Para 12,

the Judge observed, it is clear that there is no specific allegation of the harassment or beating of the complainant relating to cruelty towards her as defined in section 498A IPC i.e. for fulfillment of dowry demand or to force the complainant to commit suicide.

 

In Para 14,

it was held, it is clear that the said complaint was pertaining to all incidents of harassment and cruelty towards the complainant which occurred during her stay at matrimonial home and NOT with respect to incident dated 30.07.2013 only, when she was turned out of matrimonial home. Nowhere in the said complaint dated 04.08.2013, the complainant had stated that other  incidents of cruelty towards her by in-laws, shall be disclosed subsequently.

… no cruelty relating to dowry demand as envisaged u/s 498A IPC or which may have forced the complainant to commit suicide, is
prima facie made out. Thus from the initial two complaints dated 04.08.2013 and 05.08.2013 of the complainant, no offence u/s 498A, 406 IPC or 506 IPC is made out.

… it was held that first version as disclosed in the complaint is always important for adjudicating as to whether the accused has committed or not committed an offence and if the complaint lacks essential ingredients, lacuna or deficiency, same cannot be filled by obtaining additional complaint or supplementary statement and effort on the part of police to supply deficiency and cover up a lacuna of complaint was totally unwarranted and an abuse of process of law.

 

In Para 15,

Even as per complainant, she was the only one who was the eye witness to her alleged harassment and beating etc. Statements u/s 161 Cr.P.C of other two material witnesses namely Sub. Maj. Hari Chand (father) and Darshana Devi (mother) of the complainant regarding alleged incidents, are hearsay and will not be admissible in evidence.

It is pertinent to mention that revisionist Neetu Jain [in CR No.53/16 (New No.49934/16)], has not been even named in any of the initial two complaints. There is no allegation against Neetu Jain for causing simple hurt to complainant in any of the two initial complaints. There is no MLC of the complainant on record regarding any of her alleged beatings or torture.

Nowhere in the initial two complaints, the complainant has alleged that the revisionist/husband Shasak Jain had extended any threat to kill her, as a result of which any alarm was caused to her. Thus no offence u/s 506 IPC is made out against the revisionist Shasak
Jain.

In none of the initial two complaints the complainant had alleged that she had entrusted her istridhan articles including gold jewellery to revisionist Rekha Jain and Neetu Jain. Rather in the third complaint only she has stated so and in the last she has stated that the said jewellery is with her motherinlaw now. As already discussed above, third complaint in this regard cannot be looked into as the same appears to be improvement.

However from the allegations in the first complaint, prima facie offence u/s 323/34 IPC is made out against the revisionists Shasak Jain and Rekha Jain, since no MLC is required for proving the offence u/s 323 IPC.

 

[pdf-embedder url=”http://www.shadesofknife.in/wp-content/uploads/2018/04/Smt.-Rekha-Jain-vs-The-State-on-12-September-2017.pdf” title=”Smt. Rekha Jain vs The State on 12 September, 2017″]

 

Read the other Judgments cited in this order here.


[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations IPC 406 - Not Made Out IPC 498a - Not Made Out IPC 506 - Not Made Out No Material To Sustain Charge Rekha Jain vs The State | Leave a comment

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