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: Rukmini Narvekar Vs Vijay Sataredkar and Ors

Rukmini Narvekar Vs Vijay Sataredkar & Ors on 3 October, 2008

Posted on June 4, 2018 by ShadesOfKnife

Another awesome judgment emphasizing that “there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such material as are indicated in Section 227 Cr.P.C. can be taken into consideration by the learned magistrate at that stage”.

Justice Markandey Katju notes:

As observed by this Court in Bharat Petroleum Corporation Ltd. & Anr. vs. N.R. Vairamani & Anr AIR 2004 SC 4778, observations of Courts are neither to be read as Euclid’s formula nor as provisions of the statute. Thus in our opinion while it is true that ordinarily defense material cannot be looked into by the Court while framing of the charge in view of D.N. Padhi’s case (supra), there may be some very rare and exceptional cases where some defense material when shown to the trial court would convincingly demonstrate that the prosecution version is totally absurd or preposterous, and in such very rare cases the defense material can be looked into by the Court at the time of framing of the charges or taking cognizance.
18. In our opinion, therefore, it cannot be said as an absolute proposition that under no circumstances can the Court look into the material produced by the defense at the time of framing of the charges, though this should be done in very rare cases, i.e. where the defense produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted. We agree with Shri Lalit that in some very rare cases the Court is justified in looking into the material produced by the defense at the time of framing of the charges, if such material convincingly establishes that the whole prosecution version is totally absurd, preposterous or concocted.

Justice Altamas Kabir notes:

In my view, therefore, there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such material as are indicated in Section 227 Cr.P.C. can be taken into consideration by the learned magistrate at that stage. However, in a proceeding taken therefrom under Section 482 Cr.P.C. the Court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. This, in my view, appears to be the intention of the legislature in wording Sections 227 and 228 the way in which they have been worded and as explained in Debendra Nath Padhi’s case (supra) by the larger Bench to which the very same question had been referred.

Rukmini Narvekar Vs Vijay Sataredkar & Ors on 3 October, 2008

 

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 CrPC 482 - Defence Documents may be Examined for Quash Rukmini Narvekar Vs Vijay Sataredkar and Ors Submissions Of Accused to Discharge | 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

  • S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 July 5, 2022
  • Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 July 5, 2022
  • Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018 July 5, 2022
  • P.A.Saleem Vs State of Madras on 13 Jul 1994 July 5, 2022
  • Dr.Arpitha K.S Vs Dr.Praveen R on 03 Mar 2022 July 4, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,572 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,508 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (842 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (838 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (823 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (756 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (732 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (604 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (479 views)
  • Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022 (468 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (310)Reportable Judgement or Order (297)Landmark Case (295)2-Judge (Division) Bench Decision (224)Work-In-Progress Article (212)Catena of Landmark Judgments (193)1-Judge Bench Decision (115)Sandeep Pamarati (86)3-Judge (Full) Bench Decision (75)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 (37)CrPC 482 - Quash (37)Rules of the Act/Ordinance/Notification/Circular (33)Advocate Antics (33)PWDV Act 20 - Maintenance Granted (32)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (603)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (295)High Court of Andhra Pradesh Judgment or Order or Notification (153)High Court of Delhi Judgment or Order or Notification (104)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (64)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 (35)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (26)High Court of Gujarat Judgment or Order or Notification (24)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

  • July 2022 (8)
  • 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

  • Configuration Settings Change Delays July 7, 2022
    Jul 7, 03:06 UTCResolved - This incident has been resolved.Jul 7, 02:42 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 7, 02:31 UTCInvestigating - Cloudflare is experiencing delays in updating customer settings. This includes general changes to Cloudflare settings, Page Rules, Firewall, DNS, and SSL certificate deployment. This does not […]
  • R2 Storage signup delays July 6, 2022
    Jul 6, 18:47 UTCResolved - This incident has been resolved.Jul 6, 18:34 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 6, 18:09 UTCInvestigating - New customers attempting to sign up for R2 Storage may experience delays after they sign up when attempting to perform R2 operations. We have identified the […]
  • Cloudflare Warp and Tunnel Availability Issues July 6, 2022
    Jul 6, 09:19 UTCResolved - This incident has been resolved.Jul 6, 06:31 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 6, 04:48 UTCIdentified - Cloudflare has identified root-cause for issues with connectivity through the WARP agent to resources hosted behind Cloudflare Tunnel. A fix is now being deployed.Jul 6, 04:43 […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.18.100.243 | SD July 6, 2022
    Event: Bad Event | Total: 12,059 | First: 2022-04-04 | Last: 2022-07-06
  • 103.18.100.245 | SD July 6, 2022
    Event: Bad Event | Total: 11,991 | First: 2022-04-04 | Last: 2022-07-06
  • 106.12.85.95 | S July 6, 2022
    Event: Bad Event | Total: 18 | First: 2022-04-20 | Last: 2022-07-06
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 772 access attempts in the last 7 days.

pixel