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Bhagwan Das Jagdish Chander Vs. Delhi Administration

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 2, 7, 14, 19, 20 and 20A; Code of Criminal Procedure (CrPC) , 1898 - Sections 233 to 239; Code of Criminal Procedure (CrPC) - Sections 223, 233, 234, 235(1), 239, 239(D) and 351(1)

Reported in : AIR1975SC1309; 1975CriLJ1091; (1975)1SCC866; [1975]SuppSCR30

action. Of course, an accused person has a right to appear in defence under Section 342A of the CrPC; and, Laxmi Narain, taking advantage of this provision, did depose in his own defence. But, it seems that … try each accused separately when the offence committed by him is distinct and separate. The provisions of Sections 233 to 239 would indicate that joint trial is the exception. In State of Andhra Pradesh v. Cheemalapati Ganeswara … of that cases as fit for decision by this Court, under Article 134(1)(c) of the Constitution, arise out of the prosecution of M/s. Bhagwan Das

Bhagat Singh Vs. the State Gurdev Singh (Caveator)

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302 and 307; Code of Criminal Procedure (CrPC) , 1898 - Sections 233, 234(1), 235 and 235(1)

Reported in : (1952)IMLJ420(SC); [1952]1SCR371

be noted that that section is only one of the exceptions to the general rule laid down in section 233 of the Code that for every distinct offence, there shall be a separate charge and every such charge … Sessions Judge acquitted the appellant of the second and third charges under Section 307 of the Indian Penal Code, holding that there was no convincing evidence that the appellant intended to murder Jangir Singh and the other … Fazl Ali, J. 1.This is an appeal against the judgment of the High Court at Patiala

In Re: Bhupalli Malliah and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 233, 234, 235, 236, 239, 270, 492(1), 493, 535 and 537; Indian Penal Code (IPC) - Sections 148, 149, 302, 324 and 325

Reported in : AIR1959AP477; 1959CriLJ1045

situation that the Code of Criminal Procedure has provided various injunctions and safeguards. To start with we have Section 233 which is as follows;'For every distinct offence of which any person is accused there shall be a separate … reasons in a few words of my own.2. On behalf of accused 1, 3 and 12 the learned counsel, Sri Krishna Reddi, placed in the … Court in W. Slaney v. State of M.P. : 1956CriLJ291 and the provisions of Section 537 Criminal Procedure Code. The relevant portion of Section 537 reads thus:-'Subject to the provisions hereinbefore contained, no finding, sentence or order

V.N. Kamdar and anr. Vs. Municipal Corporation of Delhi

Court : Supreme Court of India

Subject : CriminalFood Adulteration

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2), 233 to 239, 342 and 351(1); Prevention of Food Adulteration Act, 1954 - Sections 19(3), 20 and 20A

Reported in : AIR1973SC2246; (1973)2SCC207; [1974]1SCR157; 1973(5)LC699(SC)

with that offence, then, the court may, notwithstanding anything contained in Sub-section (1) of Section 351 of the CrPC, 1898, or in Section 20 proceed against him as though a prosecution had been instituted against him under … try each accused separately when the offence committed by him is distinct and separate. The provisions of Sections 233 to 239 would indicate that joint trial is the exception. In State of Andhra Pradesh v. Cheemalapati Ganeswara

Omprakash Shivprakash Vs. K.i. Kuriakose and ors.

Court : Kerala

Subject : CriminalFood Adulteration

Acts : Prevention of Food Adulteration Act - Sections 2, 7, 14, 16(1), 19 and 20; Prevention of Food Adulteration Rules - Rules 44 and 80; Code of Criminal Procedure (CrPC) , 1974 - Sections 20, 233 to 239, 240, 244, 246, 319(1), 319(3) and 482

Reported in : 1999CriLJ3836

separate as well as joint trials of accused persons in accordance with the provisions of the old Sections 233 - 239 of Criminal Procedure Code. On the other hand, there seems no logically sound reason why if … petition before the Court under Section 19 of the Food Adulteration Act and under Section 319 of the Code of Criminal Procedure, seeking to implead the petitioner herein, as an accused in the case. The learned Magistrate, … ORDERK.A. Mohamed Shafi, J.1. The sixth accused in C.C. No. 755 of 1997 on the file of the Judicial First Class Magistrate's Court-I, Ernakulam has

D.K. Chandra Vs. the State

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 222, 233, 234, 234(1), 234(2), 235, 235(1), 235(2), 235(3), 236, 237 and 239; Indian Penal Code (IPC), 1860 - Sections 124A, 153A, 409, 420 and 477A; Explosive Substances Act, 1908 - Sections 3, 4 and 6

Reported in : AIR1952Bom177; (1951)53BOMLR928; ILR1952Bom540

cited at the bar, but before considering them we might look at the scheme of the Criminal Procedure Code itself with regard to the framing of charges. The basic section is Section 233 which contains a mandatory … scheme of the Criminal Procedure Code itself with regard to the framing of charges. The basic section is Section 233 which contains a mandatory prevision and lays down the ordinary rule with regard to joinder of charges, and … breach of trust in respect of the sum of Rs. 2,500 on 12th April 1949. He is also charged in the alternative with having cheated

Emperor Vs. Keshavlal Tribhuvandas Panchal

Court : Mumbai

Subject : Criminal

Reported in : (1944)46BOMLR555

appellant that the trial was illegal as it contravened the provisions of Section 233 of the Criminal Procedure Code which lays down that for every distinct offence there shall be a separate charge and that every charge … is contended on behalf of the appellant that the trial was illegal as it contravened the provisions of Section 233 of the Criminal Procedure Code which lays down that for every distinct offence there shall be a separate … the aid of assessors for offences punishable under the Explosive Substances Act, 1908. Originally both the accused were charged under Section 6 read with Sections

State by Sub-inspector of Police Vs. Satish Shetty and ors.

Court : Karnataka

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 2, 3, 4 and 6; Evidence Act, 1872 - Sections 106, 113(A), 113(B), 114 and 300; Indian Penal Code (IPC), 1860 - Sections 304B, 306, 309, 498A and 498B; Code of Criminal Procedure (CrPC) - Sections 161, 174, 233(2), 313, 319 and 428

Reported in : 2008CriLJ2490; ILR2008KAR1432; 2008(5)KarLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008(3)AICLR396(DB)

respondents/ accused under Section 313 Criminal Procedure Code, respondents 1 and 2 filed their defence statement under Section 233(2) of Criminal Procedure Code.According to the defence, deceased-Rekha took the extreme step of ending her life by consuming … 15 on the very same day i.e., on 19-11-1993 to conduct inquest proceedings under Section 174 Criminal Procedure Code, it was not conducted on the same day and the inquest came to be conducted two days later

Kamalanantha and ors. Vs. State of Tamil Nadu

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 28, 31, 160, 164, 218, 233 to 239, 313, 357(1), 357(3), 464, 465 and 537; Indian Penal Code (IPC) - Sections 34, 109, 114, 142, 201, 302, 304, 312, 343, 354, 363, 375, 376, 376(2), 420, 506

Reported in : AIR2005SC2132; (SCSuppl)2006(1)CHN41; 2005(3)CTC764; JT2005(4)SC170; (2005)5SCC194

were to assume that there has been a mismisjoinder of charges in violation of the provisions of Sections 233 to 239 of the Code, the High Court was incompetent to set aside the conviction of the respondents … A-1. It is also contended that Vesti has been carried out in breach of Section 160 of the Code of Criminal Procedure. These contentions are to be noted only to be rejected. Section 375 defines rape. It

Jitendra Nath Bose Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Prevention of Corruption Act - Sections 5(1) and 5(2); ;Criminal Law (Amendment) Act, 1949; ;Special Court Act; ;West Bengal Criminal Law (Amendment) Special Courts Act, 1949 - Section 4(2); ;Bengal Co-operative Societies Act; ;Evidence Act - Sections 24 to 28, 34, 113 and 114; ;Indian Penal Code (IPC) - Sections 21(22), 403, 405 and 409; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 233, 234, 235, 236, 239, 311, 342 and 540

Reported in : 1991CriLJ922

239 of the Criminal Procedure Code (old) which sections are exception to the general rule as contained in Section 233 of the Criminal Procedure Code (old), that every distinct offence will be the subject-matter of a separate charge … directed against the order of conviction and sentence of the appellant under Section 409 of the Indian Penal Code. The appellant was sentenced to suffer imprisonment for a period of one year and to pay a fine … a period of one year and to pay a fine of Rs. 1,000/- in default, further rigorous imprisonment for three months. Two specific charges were