Suri, Sushil Suri and Smt. He further stated that at present there is a system of receiving applications for passport through post but during the relevant period there was no system of receiving applications for passport through post. Learned counsel filed the case records as well as some important documents in a sealed envelope. Consequently, the order passed by the High Court is set aside. For example: - A private person offering a bribe to a public servant commits an offence under Section 12 of Act. Accordingly, the petition filed by the appellant was dismissed with costs. He submitted that the facts presented by the Indian Government before Portugal Government include those two offences apart from the offence for which he was extradited.
The issue as to whether the findings recorded by Civil Court are binding in criminal proceedings between the same parties in respect of the same subject matter, is no more Res Integra. P2 belong to him and Exs. State of Gujarat6 b Secondly, learned counsel argued that in view of the order of Honourable Supreme Court of Justice, Portugal, the Extradition Order dated 28-03-2003 of the Government of Portuguese since stood terminated, the trial Court had no jurisdiction to proceed with the trial and hence the conviction and sentence passed by it are without jurisdiction. A9 has relatives in Kurnool. State of Maharashtra 14 supra.
Of course, the main thrust of defence appears to be that A1 has nothing to do with the entire episode even assuming passport was obtained illegally. After the framing of the charge if the accused pleads not guilty, the Magistrate is required to proceed with the trial in the manner provided in Sections 254 to 258 to a logical end. In view of the above, compromise arrived at between the parties was accepted and the compounding application was allowed. In support of the said plea, decision of this Court in Nikhil Merchant Vs. It is punishable with imprisonment that may be extend to 7 years and fine.
Appellant Versus Jitender Kumar Singh. Readers need to recheck the validity and accuracy of the content from their own independent sources before using any information on the website in what so ever manner. Be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. There is a legal process which you have to travel through. Until that finding is duly considered by the appellate court after weighing the evidence afresh and if it so warranted reversed, the findings bind the parties. Sub-section 2 of Section 4 also makes it clear, which says that every offence specified in sub-section 1 of Section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or, where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.
All these matters were heard and decided on 05-08-2013 13 supra. And it is not necessary that a public servant should also be specifically named as an accused in the same case. Exclusion of time in certain cases Section 470 of Code of Criminal Procedure As per Section 470 1 of Code of Criminal Procedure in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. The Special Judge is also empowered to try under Section 3 1 b any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause a. The compromise is going to take place through court itself but it will have to be initiated by you in accordance with the law.
The jurisdiction of the Court under Article 142 of the Constitution of India is not in dispute. We may now examine whether, in both these appeals, the above test has been satisfied. Then file a quashing petition under section before the High Court stating that both the parties do not want to continue with the trial since the matter had been compromised. There are a number of supreme court rulings in your favor, where it is stated that if the parties do not want to continue with a criminal trial then the High Court can even quash the non compoundable offences under section. Hence, the ratio of the said judgment has to be applied to the present case. Pursuant to letter Rogatory, he received reply to letter Rogatory with copies of records from Portugal through Interpol.
We are, in Criminal Appeal No. According to Section 472 whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with 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. The offence under this section is cognizable, bailable, non compoundable and tribal by a magistrate of the first class. Shah supra was doubted by this Court and the case was referred to a larger Bench in K. So far as the present appellants are concerned, agreement to sell dated 22.
Once a charge is framed in a warrant case, instituted either on complaint or a police report, the Magistrate has no power under the Code to discharge the accused, and thereafter, he can either acquit or convict the accused unless he decides to proceed under Section 349 and 562 of the Code of 1898 which correspond to Sections 325 and 360 of the Code of 1973. However, there may be cases where the provisions of Sections 41 to 43 of the Indian Evidence Act, 1872, dealing with the relevance of previous Judgments in subsequent cases may be taken into consideration. The High Court, vide its Judgment and order dated 13. Citation : Kishan Singh D through L. Hence, it has to be seen whether role of A1 could be established or not. The victim of the organised crime appears to be an innocent lady fell into the trap of evil design. Appellant Versus Jitender Kumar Singh.