51. SONU @ SUNIL VS STATE OF MADHYA PRADESH - 29 May 20

(1) Soul of Section 34 of IPC and principle which underlies criminal liability for acts of another therein, is shared intention or common intention to commit offence.(2) In case of recovery of an article from an accused person when he stands accused of committing offences other than theft also, first thing to be established is that theft and murder forms part of one transaction.

34 – Common intention – Section 34 proclaims principle of vicarious criminal liability – Soul of the Section ... 34 – Common intention – Section 34 proclaims principle of vicarious criminal liability – Soul of the Section ... and principle which underlies criminal liability for acts of another therein, is shared intention or common intention to commit ... As far as Section 34 is concerned, it proclaims the principle of vicarious criminal liability. ... As far as Section 34 is concerned, it proclaims the principle of vicarious criminal liability. ... As far as Section 34 is concerned, it proclaims the principle of vicarious criminal liability.

India - Supreme Court

52. Kamal Kumar Dutta VS State of West Bengal - 25 Jun 08

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, this Court can very well quash a criminal proceeding in exercise of its such inherent power under Section 482.(2) Mere failure of a person to keep up promise subsequently, a culpable intention right at the beginning, that is, when he made the promises cannot be presumed. A distinction has to be kept in mind between mere breach of contract and the offence of cheating. It depends upon the intention of the accused at the time of inducement. The subsequent conduct is not the sole test.

Criminal Procedure Code, 1973—Section 482—Petition for quashing of proceedings in criminal case registered for offences under Section ... proceeding in exercise of its such inherent power under Section 482. ... Held: It cannot be denied that apart from ‘deception’ the other essential ingredient so as to constitute an offence under Section ... No. 2 that it is not permissible to quash a criminal proceeding under Section 482 of Cr.P.C. by appreciating the evidence. ... State or Bihar & Ors.16 submitted that a criminal proceeding should not be quashed in exercise of power under Section 482 to stifle ... the offences, which include an offence under Section 420 of I.P.C.

India - Crimes

53. Maniyeri Madhavan VS Sub Inspector of Police - 22 Sep 93

Where the court in exercise of jurisdiction under Article 142 of the Constitution has ordered investigation to be conducted by C.B.I procedure u/s. 6 of the Delhi Special Police Establishment Act need not be followed.

Delhi Special Police Establishment Act Section 6 - Attack on the person and property of petitioner by state police - Investigation ... police officials for offences U/S 120-B r/ w. 3239 342, 357, 427, 465 and 201 I.P.C. submitted - For the jurisdiction of C.B.I. procedure ... 425 read with section 440). ... As regards jurisdiction of the members of the Delhi Special Police Establishment, we do not think the procedure under section 6 need ... Substitution of new section for section 21.

India - Crimes

54. M. C. Mehta VS Union of India - 27 Nov 06

In Supreme Court monitored cases, this Court is concerned with ensuring proper and honest performance of its duty by CBI and the Supreme Court is not concerned with the merits of the accusations in investigation, which are to be determined at the trial on the filing of the charge sheet in the competent court, according to the ordinary procedure prescribed by law.

Since this is an elementary principle of criminal

India - Crimes

55. R. G. Mathi VS Balakrishna Reddiar - 31 Aug 89

Mandatory procedure to be followed for proceedings under 145 Cr.P.C.

The order that is so passed has to be duly served in the manner contemplated under Sub Clause 3 of the Section

India - Madras

56. Ramnarayan Sharma VS State of West Bengal - 26 Sep 14

(1) When the two incidents occurred at different places and at different times one could not be said to be a counter case to the other.(2) It is open to the court to take recourse to Section 34 IPC even if said section was not Specifically mentioned in the charge and instead Section 149 IPC was included.(3) It is trite law that in order to take advantage of contradictions the witnesses must be confronted with that portion of their previous statements which is in contradiction to their deposition in Court.

In such a situation, the absence of a charge under one or other of the various heads of criminal

India - Crimes

57. George Syrian Church VS Revenue Divisional Officer - 14 Dec 12

Mere pendency of civil suit will not deprive the jurisdiction of the magistrate to take action under Section 145 of the Code. However, if a civil suit in respect of land and water between the same party is pending and any interlocutory order declaring the possession of one or other party is made by the court, the magistrate who takes action under Section 145 of the Code has to proceed with care and caution and he has to consider whether taking action under Sections 107 or 144 of the Code would suffice to abate the apprehended breach of peace.

Jurisdiction of the civil courts and criminal courts are different and they operate in different fields. ... The facts involved in the cases covered by the three decisions relied by learned counsel for petitioner in Criminal M.C. clearly ... It is open to the petitioner in Criminal M.C. to bring to the notice of the magistrate any interim order passed by the court in civil ... 145 of the Code following the procedure thereof. ... Criminal M.C. is filed by the opposite party in the proceedings under Section 145 of the Code initiated by the Sub-Divisional Magistrate ... 145 of the Code, the Church and Chapel, the writ petition and Criminal M.C., both of them, are dismissed.

India - Crimes

58. Bhagirath VS Delhi Administration - 16 Apr 85

Equitable consideration must have an important place in the construction of beneficial provisions, particularly in the field of criminal law.

The second aspect of the which has to be borne in mind is the one arising out of the judgment of this Court Procedure ... Equitable considerations must have an important place in the construction of beneficent provisions, particularly in the field of criminal ... 432 or section 433 of the Cde.

India - Crimes

59. Sanichar Kol VS State of Jharkhand - 06 Apr 22

Abetment of suicide – In order to convict a person under Section 306 of Indian Penal Code, there has to be a clear mens-rea to commit offence.

The Hon’ble Supreme Court further held that there should be adherence to rule of law with due regard to the prescribed procedure

India - Crimes

60. Trichur Urban Co-op. Bank Ltd. VS District Labour Officer - 09 Oct 86

Offence under section 29 of Industrial Disputes Act 1947 is a continuing offence as emit aged under section 472 of Cr. P C. Therefore bar of limitation under section 468 Cr. P C. will not operate to filing of complaint regarding such offence.

2 The District Labour Officer, Trichur fired a criminal ... In the result, this criminal ... (as he then was) observed thus: "Sub Section (5) of Section 19 is more by way of explanation to sub-section (3) of section 19 rather

India - Crimes