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Oct 04 1990

Jitendra R. Deshprabhu and ors. Vs. Executive Magistrate and anr.

Court : Mumbai

Decided on : Oct-04-1990

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 101, 107 116(1) and 116(3)

Reported in : 1992(1)BomCR233

G.D. Kamat, J.1. In this petition under section 482 of the Criminal Procedure Code, 1973, the petitioners are questioning the legality and propriety of the order of the Executive Magistrate, Pernem, dated … Kamat, J.1. In this petition under section 482 of the Criminal Procedure Code, 1973, the petitioners are questioning the legality and propriety of the order … or warrant as the case may be, served on the person sought to be proceeded against. Coming to section 116 the order made under section 111 is required to be read and explained to the person concerned present

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Apr 08 1982

J.C. Mehta Vs. the State and anr.

Court : Delhi

Decided on : Apr-08-1982

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 111, 116 and 116(6)

Reported in : 1982CriLJ1488; 22(1982)DLT64; 1982RLR611

of the Code. Criminal - breach of peace - Sections 107, 111, 116, 116 (6) and 150 of Criminal Procedure Code, 1973 - petitioner challenged proceedings under Section 107 read with Section 150 against him - petitioner contended that … parties and on a report lodged by respondent No. 2 with the police security proceedings under Section 107/150, Code of Criminal Procedure (for short the code) were initiated against the petitioner on the basis of a Kalendra

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May 04 2007

Shri Santosh Humraskar Vs. State Through Public Prosecutor, High Court ...

Court : Mumbai

Decided on : May-04-2007

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 111, 112, 113, 114, 116, 116(1), 116(2), 116(6), 117(6) and 482

Reported in : (2007)109BOMLR904; (2007)209CTR(Bom)224

merit and consequently the same is hereby dismissed. Criminal - Termination of inquiry proceedings - Section 116(6) of Criminal Procedure Code of 1973 - SDM issued Order under Section 111 of Criminal Procedure Code for initiation of inquiry proceedings … learned Counsel on behalf of respondent No. 2. 2. In this petition, filed under Section 482 of the Code of Criminal Procedure, 1973, (Code, for short), the petitioner against whom proceedings under Section 107 of the Code

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Dec 14 1995

Mathangi Satyanarayana and ors. Etc. Vs. State

Court : Andhra Pradesh

Decided on : Dec-14-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 106, 107, 108, 109, 110, 111, 112, 113, 116, 116(1), 116(3), 116(6), 124 and 482

Reported in : 1996(1)ALD(Cri)456; 1996CriLJ1809

107, 108, 109, 110, 111, 112, 113, 116, 116 (1), 116 (3), 116 (6), 124 and 482 of Criminal Procedure Code, 1973 - petition filed under Section 482 to quash proceedings initiated under Section 107 on inspector's complaint - … on the file of the Sub-Divisional Magistrate (Revenue), Eluru, have filed this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the proceedings initiated against them under Section 107 of

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Jan 20 1998

Nimmagadda Ravi and ors. Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Jan-20-1998

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 111, 112, 113, 114, 116 and 482

Reported in : 1998(2)ALD621; 1998(1)ALD(Cri)401; 1998CriLJ1823

Guntur are quashed. (i) Criminal - compliance of statutory provisions - Sections 107, 111, 113 and 115 of Criminal Procedure Code, 1973 - petition filed to quash proceedings initiated on file of Sub-Divisional Magistrate - every summons and warrant … was 17-12-1997 and as the said proceedings could not be completed within six months under sub-clause (6) of Section. 116 Cr.P.C. they have come up with these petitions to quash the said proceedings.3. Sri K. Raja Reddy, the … over to the personin respect of whom it is made though the Code does not provide that he should plead to it. When no such

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Mar 11 1983

State of Uttar Pradesh Vs. Lakshmi Brahman and anr.

Court : Supreme Court of India

Decided on : Mar-11-1983

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 57, 84, 116, 125, 137, 138, 145, 146, 159, 167, 167(1), 167(2), 170, 190, 190(1), 193, 202, 204, 207, 209, 227, 309, 309(2), 437, 437(1) and 439; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302

Reported in : AIR1983SC439; 1983CriLJ839; 1983(1)Crimes797(SC); 1983(1)SCALE274; (1983)2SCC372; [1983]2SCR537

60 days as contemplated by Sub-section 2 of Section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an … other than the police custody? The High Court was of the opinion that since after the enactment of CrPC, 1973, the proceeding before the Magistrate under Chapter XVI of the Code would not be an enquiry within the … Code. In reaching this conclusion, the High Court referred to sees. 84, 116, 125, 137, 138, 145 and 146 as well as sees. 159 and

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Mar 17 2008

Asha Pant Vs. State and ors.

Court : Delhi

Decided on : Mar-17-2008

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 107(1), 111, 113, 116(3), 117, 150, 156(3) and 482; Constitution of India - Article 22

Reported in : 2008(102)DRJ216

S. Muralidhar, J.1. These petitions under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') challenge two Kalandaras arising out of the same set of events. The first is titled State … such notice along with the summons to the person concerned. The stage for passing any order under Section 116(3) could arise only after the summons and notice as required by Sections 111 and 113 had been served

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Feb 20 2009

Rasiklal Vs. Kisore S/O Khanchand Wadhwani

Court : Supreme Court of India

Decided on : Feb-20-2009

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 499 and 500; Code of Criminal Procedure (CrPC) , 1973 - Sections 116(3), 200, 317, 436, 436(1), 436(2), 446, 446A and 482; Constitution of India - Article 136

Reported in : AIR2009SC1341; 2009CriLJ1887; (2009)3GLR2099(SC); 2009(4)MPHT1(SC); 2009(II)OLR(SC)30; RLW2009(1)SC580; 2009(3)SCALE9; (2009)4SCC446

The learned Judicial Magistrate examined the respondent on oath as required by Section 200 of the Code of Criminal Procedure, 1973 and issued summons to the appellant for commission of alleged offences under Sections 499 and 500 of … of offences punishable under Sections 499 and 500 of the Indian Penal Code and assails the order dated March 24, 2008, rendered by the learned … proviso.Provided further that nothing in this section shall be deemed to affect the provisions of Sub-section (3) of Section 116 or Section 446A.(2) Notwithstanding anything contained in Sub-section (1), where a person has failed to comply with the

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Sep 12 1980

Assistant Collector of Customs and Central Excise, Farrukhabad Vs. Din ...

Court : Supreme Court of India

Decided on : Sep-12-1980

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : (1981)1SCC77; 1980(12)LC908(SC)

this appeal. Criminal - quashing of prosecution - Sections 1 (3), 6 , 24, 116 and 482 of Criminal Procedure Code, 1973 and Defence of India Act, 1962 - prosecution proceedings quashed for want of prior approval of Administrator … the respondents in exercise of its powers under Section 482 of the CrPC, 1973.2. The respondents were being tried In the Court of the Chief … this provision does not provide for his continuance after the expiry of the Act an the Rules. Further Section 116 of the Gold Control Act, 1968 also does not provide for the continuance of the Administrator appointed under

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Jul 15 1994

Bhagaban Pradhan and ors. Vs. Jayaram Mohanty and ors.

Court : Orissa

Decided on : Jul-15-1994

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 107 and 116(6)

Reported in : 1994(II)OLR405

Magistrate, Bhubaneswar had jurisdiction to continue the proceeding initiated in terms of Section 107 of the Code of Criminal Procedure, 1973 (in short 'Cr PC') after a period of six months from the date of commencement of inquiry … 117(3) of the Code of Criminal Procedure, 1898 (in short, the 'old CrPC) is equally applicable to a case Under Section 116(3), Cr PC. In … (in short 'Cr PC') after a period of six months from the date of commencement of inquiry Under Section 116, Cr PC ?2. Background facts necessary for adjudication of this question are as follows :On the basis of

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