web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Onkar Nath Mishra and Ors Vs State (Nct Of Delhi) and Anr

Onkar Nath Mishra and Ors Vs State (NCT of Delhi) and Anr on 14 December, 2007

Posted on September 28, 2018 by ShadesOfKnife

In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.

Highlights

Knife Name: Neetu
Husband Name: Ashutosh Misra

  • He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994.
  • He told me that he has no time to go to Cell and to bring me to Bijnore.
  • talk to your father to give you Rs.50,000/- and VCR to bring with you.
  • If you come here alone with the child, we will give you good beatings.
  • Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M.
  • she stated that, my father-in-law and sister-in-law clearly warned him that till the time I will not bring Rs.50,000/- cash and V.C.R. they will not keep me.
  • In the charge-sheet, it has been recorded that despite issue of notice under Section 160 Cr.P.C. to the complainant and her father by the ASI, neither the complainant nor her father turned up to take back her Stridhan , which was alleged to be with the appellants. It has been noted that the complainant does not want to take back her Stridhan.

Law point from Para 10,

It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.

From Para 19,

Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.

Onkar Nath Mishra & Ors Vs State (Nct Of Delhi) & Anr on 14 December, 2007

Citations: [2007 SUPREME 8 405], [2008 SCC 2 561], [2008 CRLJ 0 1391], [2008 AIR SC 204], [2008 RCR CRI 1 336], [2008 SCC 1 65], [2007 STPL LE 0 39378], [2008 SCC CRI 1 507], [2008 AD SC 2 398], [2008 BLJR 56 753], [2008 MADLW CRL 2 955], [2008 ACC 60 694], [2008 SCC CRL 1 507], [2008 JT 1 20], [2008 LW CRL 2 955], [2008 ALL MR CRI 1360], [2008 ALT CRI 3 83], [2008 AIR SC 96], [2008 MAHLJ CRI 2 550], [2008 SCC CR 1 507], [2008 CRIMES 1 42], [2008 DRJ 100 3], [2008 UJ 1 107], [2008 MLJ CRI 2 686], [2008 SLT 1 329], [2007 AIOL 1302], [2008 ANJ SC 1 124], [2008 CRLJ SC 1351], [2007 SCALE 14 403], [2007 SCR 13 716], [2008 AIC SC 62 155], [2008 CRI LJ 1391]

Other Source links: https://indiankanoon.org/doc/1907093/ and https://www.casemine.com/judgement/in/5609ae46e4b01497114135e4

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 Catena of Landmark Judgments CrPC 482 – Framing Of Charge Quashed CrPC 482 – IPC 498A Quashed Delay or Unexplained Delay In Filing Complaint IPC 406 - Not Made Out IPC 406 Dismissed IPC 498a - Not Made Out Against Parents or Relatives Landmark Case Legal Terrorism Onkar Nath Mishra and Ors Vs State (Nct Of Delhi) and Anr Reportable Judgement or Order | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022
  • Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022 August 10, 2022
  • XXX Vs State of Kerala and Ors on 05 July 2022 August 8, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,138 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,824 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,242 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,084 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,060 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,046 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (1,030 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (975 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (948 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (918 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (304)Landmark Case (300)2-Judge (Division) Bench Decision (231)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (610)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (107)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (5)
  • July 2022 (21)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • 500 API Errors on Custom Error Page August 12, 2022
    Aug 12, 09:07 UTCResolved - This incident has been resolved.Aug 12, 08:52 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:36 UTCInvestigating - Cloudflare is aware of and investigating an issue with Cloudflare Custom Pages which potentially impacts multiple customers. Further detail will be provided as more information becomes […]
  • Increased HTTP 522 Errors August 12, 2022
    Aug 12, 07:25 UTCResolved - This incident has been resolved.Aug 12, 07:10 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:10 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 12, 06:55 UTCInvestigating - Cloudflare is investigating an increased level of HTTP 522 errors in […]
  • Increased API Error rate August 12, 2022
    Aug 12, 00:49 UTCResolved - This incident has been resolved.Aug 12, 00:40 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 11, 23:00 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 11, 23:00 UTCInvestigating - Some customers might see increased API error rates

RSS List of Spam Server IPs from Project Honeypot

  • 139.5.89.18 | S August 11, 2022
    Event: Bad Event | Total: 801 | First: 2017-01-08 | Last: 2022-08-11
  • 139.5.88.17 | SD August 11, 2022
    Event: Bad Event | Total: 6,431 | First: 2019-02-01 | Last: 2022-08-11
  • 139.5.88.131 | SD August 11, 2022
    Event: Bad Event | Total: 5,905 | First: 2019-03-08 | Last: 2022-08-11
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 691 access attempts in the last 7 days.

pixel