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NARENDRA KUMAR VYAS
Shivendra Pratap Singh Thakur S/o. Late Shri S. N. Singh – Appellant
Versus
Manjulata Bhardawaj D/o. Shri Latel Bhardawaj – Respondent
ORDER :
1. This revision petition has been preferred by the applicant under Section 397 read with Section 401 of CrPC against the order dated 04.04.2018 passed Special Judge, under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No. 09/2018 whereby complaint under Sections 420,451,354, 294, 506 Part-II of the IPC and 3(1) B (I) and (ii) and 3(2) (Va) of SC and ST Act has been registered against the applicant and accused has been summoned by the Special Court.
2. Brief facts of the case are that the complainant met the applicant about 3 years age where the accused introduced himself as leader of Shiv Sena and told that he has connection with the ruling party leaders and he can provide government job to the complainant. The complainant was in need of job, therefore she told her sister and brother-in-law about the assurance of job given by the applicant and gave Rs. 2,00,000/- cash to the accused in July 2016. Subsequently the accused took her signature on the plain paper and told that call letter would have come from Raipur after a few months. It is alleged that after lapse of five months she did not receive any information from the accused, then
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
No doubt, while exercising the power under Section 319 of Cr.P.C., Court has to exercise the said power with due care and caution and not to exercise the said power in a routine course but the materi....
The need for strict construction of penal statutes and the requirement for clear and distinct language when imposing penalties.
The withdrawal of a complaint amounts to acquittal of the accused, and a second complaint on the same facts and cause of action is not maintainable. The revisional court's power is limited to procedu....
The central legal point established is the need for vigilance in registering crimes under stringent statutes and the prevention of abuse of the legal process.
The judgment establishes the principle that when the basic ingredients of the offences are missing in the complaint, permitting such a complaint to continue and compelling the accused to face the cri....
An order summoning an accused in a criminal case is not an interlocutory order and revision is maintainable. The Magistrate must apply his mind to the facts of the case and law governing the issue an....
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