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Offences under Sections 323 and 504 IPC - The sources confirm that offences under Sections 323 (causing hurt) and 504 (intentional insult) IPC are frequently involved in criminal cases. Several judgments indicate that these offences are often found to be made out prima facie during investigation or trial, and are considered cognizable and bailable in some contexts. For example, SHIV SHANKER VS JUDICIAL MAGISTRATE-II, JAUNPUR - Allahabad, PRAVESH VS STATE OF UTTAR PRADESH - Allahabad, Ajay Yadav VS State of Uttarakhand - Uttarakhand, and others discuss the establishment of these offences at different stages.
Offence Not Made Out - Multiple sources highlight cases where offences under Sections 307 (attempt to murder), 325 (causing grievous hurt), 436 (mischief), or under the SC/ST Act were not established at the prima facie stage or during investigation, leading to quashing or dismissal of charges. For instance, NAZIM AND 3 OTHERS Vs State - Allahabad, VINOD KUMAR SINGH VS STATE OF U. P. - Allahabad, and Roushan Prasad @ Roshan Prasad @ Roshan Prasad VS State Of Jharkhand - Jharkhand emphasize that the court did not find sufficient evidence to hold the accused liable under these sections.
Specific Offences and Legal Proceedings - Several references discuss the legal nuances, such as whether an offence is cognizable, bailable, or non-cognizable, and the court’s role in assessing prima facie evidence. For example, PRAVESH VS STATE OF UTTAR PRADESH - Allahabad notes that offences under Sections 323 and 504 are non-cognizable, whereas SALAHUDDIN VS STATE OF U. P. - Allahabad discusses the cognizability of Section 506 offences.
Offence under SC/ST Act - The sources indicate that allegations under the SC/ST Act, such as Section 3(1)(X), were often not established prima facie, leading to the quashing of charges (SHIV SHANKER VS JUDICIAL MAGISTRATE-II, JAUNPUR - Allahabad, 02500009529).

Analysis and Conclusion: The overarching insight is that offences under Sections 323 and 504 IPC are commonly made out in criminal cases, whereas offences under Sections 307, 325, 436, and SC/ST Act sections are frequently found not to be established prima facie, leading to quashing or dismissal of charges. The courts emphasize careful assessment of prima facie evidence before proceeding with charges, and many cases demonstrate that not all allegations, especially those under more severe sections like 307 or SC/ST Act, are necessarily established at initial stages.

References: - SHIV SHANKER VS JUDICIAL MAGISTRATE-II, JAUNPUR - Allahabad - GUDDU @ RAGHVENDRA VS STATE OF U. P. - Allahabad - NAZIM AND 3 OTHERS Vs State - Allahabad - PRAVESH VS STATE OF UTTAR PRADESH - Allahabad - Ajay Yadav VS State of Uttarakhand - Uttarakhand - VINOD KUMAR SINGH VS STATE OF U. P. - Allahabad - Roushan Prasad @ Roshan Prasad @ Roshan Prasad VS State Of Jharkhand - Jharkhand - SALAHUDDIN VS STATE OF U. P. - Allahabad - Abid vs State of U.P. - Allahabad - Ankit Saini VS State of Uttarakhand - Uttarakhand

Search Results for "Offence Not Made under Section 323 504 Ipc"

2009 0 Supreme(All) 3370 • India - Allahabad

JAYASHREE TIWARI

basis Magistrate held that only offence under Sections 323 and 504 of IPC made out—From prima facie statement made in application ... for—Magistrate held that in pursuance of order given by revisional Court that offence under Section 325 of IPC not made out—On that ... under Section 325 of IPC not made out—Ma....

2015 0 Supreme(All) 940 • India - Allahabad

SURENDRA VIKRAM SINGH RATHORE, RAGHVENDRA KUMAR

under Section 3(2)(5) SC/ST Act would not be made out—Conviction for offence under Sections 376, 323, 504, 506 (2) IPC does not require ... interference—Offence under SC/ST Act not made out and is set aside—Conviction under Section IPC maintained. ... effect has been led that prosecutrix was victimized because she belonged to SC/ST community—In....

2023 Supreme(Online)(ALL) 8259 • India - Allahabad High Court

The offence under Section 307 IPC was not found to be made out during the investigation. ... 323, and 504 IPC. ... ANTICIPATORY BAIL - OFFENCE PUNISHABLE WITH SENTENCE LESS THAN SEVEN YEARS - SUMMONS ISSUED - NO APPREHENSION OF ARREST ... In this case, F.I.R. was lodged under section 452, 323, 504, 307 IPC against the applicants but during investigation #HL_S....

2006 0 Supreme(All) 3231 • India - Allahabad

R.K.RASTOGI

are non-cognizable offence—Offence under Section 506 of IPC was made cognizable and non-bailable offence by U.P. ... charge-sheet Magistrate took cognizance and summoned accused persons—Not disputed that offences under Sections 323 and 504 of IPC ... Sections 323, 504 and 506 of IPC—Police after investigation....

2014 0 Supreme(UK) 9 • India - Uttarakhand

U.C.DHYANI

It held that the offence of loot was not made out against the applicants, but offences under Sections 323, 504 and 506, IPC were ... under Sections 323, 504 and 506, IPC were prima facie made out against them. ... The supplementary charge-sheet for the offence punishable under Section 394, IPC was quashed. ......

2009 0 Supreme(All) 651 • India - Allahabad

RAVINDRA SINGH

—Offence under Section 436 of IPC not made out—At most offence under Section 435 is made out—Which is triable by Magistrate—It is ... —Court is required to consider whether prima facie offence made out or not—No illegality in impugned order—Due to non-appearance ... Criminal Procedure Code, 1973—Sections 482 and 155(2)—(Indian) Penal Code, 1860—Section....

Roushan Prasad @ Roshan Prasad @ Roshan Prasad VS State Of Jharkhand

2018 0 Supreme(Jhk) 2385 • India - Jharkhand

SHREE CHANDRASHEKHAR

and found that the prima facie offence under Section 307 IPC is not made out. ... The court finds that the prima facie offence under Section 307 IPC is not made out. ... Sections 452, 323, 325, 379, 354-A, 307, 504 and 34 of the Indian Penal Code (IPC). ... In this state of evidence, I find substance in the contention raised b....

2016 0 Supreme(All) 1113 • India - Allahabad

VIJAY LAKSHMI

Criminal Procedure Code, 1973—Section 482—(Indian) Penal Code, 1860—Sections 323, 504, 506—Criminal proceedings—Quashing of—Offence ... under Section 506 IPC may not be treated as non-cognizable as per submission made by applicant and since offence under Section 506 ... IPC has been made, cognizable, non-bailable and non-compoundable mentioned ....

2025 0 Supreme(All) 3027 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

NALIN KUMAR SRIVASTAVA

by the trial court under Sections 323, 504, and 308 IPC. ... along with Sections 323 and 504 IPC for allegedly causing grievous injuries to a complainant. ... ... ... Ratio Decidendi: The court concluded that intent critical to establishing a charge under Section 308 IPC was not present, ... IPC whereas the present case does not travel beyond the scope of #HL_....

2016 0 Supreme(UK) 405 • India - Uttarakhand

U.C.DHYANI

made out against the applicant, the offence under Section 3(1)(X) of the SC/ST Act was not established based on the interpretation ... no offence under Section 3(1)(X) of the SC/ST Act was made out against him. ... Finding of the Court: The court found that while offences under Sections 323, 504, and 427 of IPC were prima facie ... Prima facie, offences under ....

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