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B.R. Bathla Vs. Central Bureau of Investigation
Karnataka
Nov-17-1987
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 239 to 249, 250, 250(1), 250(2) and 258
ILR1988KAR406
making the accusation against the accused or any of them.The learned author Shri Durga Das Basu in his Criminal Procedure Code, 1973, (1979 Edition) has stated also on pages 625 and 626 as:-'1. The conditions for calling upon the … such cases, it would affect the public policy underlying the investigation to be undertaken by the police itself. Section 239 Cr.P.C. which governs the trial of warrant cases, reads as:'If, upon considering the police report and the documents … (3), the provisions of Sections 68 and 69 of the Indian Penal Code shall, so far as may be, apply.(5) No person who has been
Tag this Judgment! AI Brief & AskAsia Metal Corporation (Huf) Vs. State and anr.
Delhi
May-19-2006
Criminal
Negotiable Instruments Act, 1881 - Sections 138, 141 and 143; Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 200, 202, 203, 204, 227, 239, 251, 255 and 258
130(2006)DLT545
disposed of.LCR be sent back immediately. Banking - Chapter XX and Sections 225, 227, 239 and 251 of Criminal Procedure Code, 1973 and Sections 138 of Negotiable Instruments Act, 1881 - Accused charged for offence under Section 138 - … summons-case trial and had to be in terms of the procedure laid down in Chapter XX of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). According to the learned Counsel for the respondents,
Tag this Judgment! AI Brief & AskSurinder Kumar Yadav and ors. Vs. Suvidya Yadav and anr.
Delhi
Aug-22-1986
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 239 and 397(1)
1986(3)Crimes645; 31(1987)DLT13; 1986RLR619
provisions of Ss. 239 and 240 of the Code of Criminal Procedure, 1973, by taking into consideration the documents beyond the scope of these provisions … these provisions of Taw and which had been produced by the accused-petitioner No. 2 Suresh Yadav. Section 239 Criminal Procedure Code . is reproduced below :- '239.When accused shall be discharged-If, upon considering the police report and the documents … Fir No. 437182 of Police Station Karol Bagh, New Delhi, in respect of offences u/ss 448/442/323/120-B/34 Indian Penal Code .(2) The F.I.R. was lodged by respondent No. 1 Smt. Suvidya Yadav and according to the Smt. she
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Rajathi Vs. State
Chennai
Apr-03-2001
Company
Tamil Nadu Protection of Interests of Depositors in Financial Establishment Act, 1997 - Sections 5, 6(3), 13, 13(1) and 13(2); Indian Penal Code (IPC), 1860 - Sections 5, 120B, 409 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 193 and 239
[2002]108CompCas262(Mad)
Act, 1997, Sections 5, 120B, 409 and 420 of Indian Penal Code and Sections 193 and 239 of Criminal Procedure Code, 1973 - petition under Section 239 to discharge petitioners from case - Court below viewed all accused conspired … 1-3-1999.2. The case in brief is as follows :The petitioners filed a petition under Section 239 of the Code of Criminal Procedure, 1973, to discharge them from the case. Act No. 44 of 1997 came into force
Tag this Judgment! AI Brief & AskNemai Chandra Chatterjee Vs. State of Bihar
Patna
May-04-2006
Service
Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 242 and 482; Indian Penal Code (IPC) - Sections 408
Rekha kumari, J.1. Heard.2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 21.11.2004/22.11.2004 passed by Sri J.K. Dubey, … J.1. Heard.2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing … the prayer of the petitioner for his discharge.3. It appears that the petitioner had filed an application under Section 239 of the Code before the Magistrate for discharge on the ground that there was no sufficient material to
Tag this Judgment! AI Brief & AskRam Dhan Vs.State of U.P.and anr
Supreme Court of India
Apr-10-2012
Criminal
Code of Criminal Procedure (CrPC), (Cr.P.C) 1973 - Sections 239, 482; Indian Penal Code (IPC), 1860 - Sections 364, 149, 177, 181, 182, 195 and 420
3.9.2011 passed by the Chief Judicial Magistrate, Bagpat, rejecting the application under Section 239 of the Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.').2. Facts and circumstances giving rise to this petition are that present petitioner Ram Dhan … order dated 3.9.2011 passed by the Chief Judicial Magistrate, Bagpat, rejecting the application under Section 239 of the Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.').2. Facts and circumstances giving rise to this petition are that present
Tag this Judgment! AI Brief & AskMd. Wasim and ors. Vs. the State of Bihar
Patna
Mar-28-2006
Criminal
Dowry Prohibition Act - Sections 3 and 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 240 and 482; Indian Penal Code (IPC) - Sections 406 and 498A
Rekha Kumari, J.1. Heard.2. This is application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 16.3.2005 passed by Sri S.K. Shukla, … Rekha Kumari, J.1. Heard.2. This is application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 16.3.2005 passed by … allegations made.5. The learned A.P.P. defended the order.6. As provided under Sections 239 and 240 of the Code, at the time of framing of charge,
Tag this Judgment! AI Brief & AskThe Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Kun ...
Andhra Pradesh
Oct-28-1995
Criminal
Indian Penal Code (IPC), 1860 - Sections 120B, 409 and 418; Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 173(2), 227, 228, 239 and 240
1996(1)ALD(Cri)440; 1996(1)ALT(Cri)270; 1996CriLJ1540
and 418 of Indian Penal Code, 1860 and Sections 173, 173 (2), 227, 228, 239 and 240 of Criminal Procedure Code, 1973 - Magistrate passed Order discharging respondent under Section 289 - validity of discharge Order challenged - respondent … Magistrate, Chittoor. He filed Crl. M.P. No. 2101 of 1990 for discharging him under Section 239 of the Code of Criminal Procedure, 1973, (for short, `the Code') The learned Magistrate by his order dated 15-10-1991, allowed the
Tag this Judgment! AI Brief & AskCavim Realty (P) Ltd. and ors. Vs. Station House Officer and anr.
Andhra Pradesh
Apr-28-2006
Criminal
Companies Act, 1956; Indian Penal Code (IPC) - Sections 420, 446 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 156, 156(1), 156(2), 156(3), 168, 169, 170, 177, 178, 179, 180, 184, 190, 193, 200, 201, 219, 220, 221, 223, 239 and 482; Constitution of India - Article 226
2008(6)ALT401
are not involved in the crime, they can as well seek their discharge by filling discharge petition under Section 239 of the Code of Criminal Procedure, 1973, but certainly they cannot seek to quash the crime on the … in Andhra Pradesh, has the jurisdiction to entertain the private complaint under Section 200 of the Code of Criminal Procedure, 1973, and in this context, he relied upon the definition of 'local jurisdiction' defined in Section 2(j) read … the jurisdiction to entertain the private complaint under Section 200 of the Code of Criminal Procedure, 1973, and in this context, he relied upon the
Tag this Judgment! AI Brief & AskState of Orissa Vs. Debendra Nath Padhi
Supreme Court of India
Nov-29-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 173, 207, 207(1), 207(4), 207(5), 207(6), 207(7), 207(11), 207(14), 207A, 209, 227, 228, 228(1), 239, 240; Constitution of India - Article 14, 21 and 226; Income Tax Act; Indian Penal Code (IPC) - Sections 302
AIR2005SC359; 99(2005)CLT348(SC); 2005(1)CTC134; JT2004(10)SC303; 2005(1)KLT80(SC); 2005(I)OLR(SC)357; RLW2005(3)SC414; 2004(10)SCALE50; (2005)1SCC568; MANU/SC/1010/2004
trial in these cases shall also be concluded expeditiously. All the appeals are disposed of accordingly. Criminal - Criminal Procedure Code (Cr PC), 1973 - Section 91, 173, 207, 207(1), 207(4), 207(5), 207(6), 207(7), 207(11), 207(14), 207A, 209, 227, … Magistrates, instituted on a police report, Sections 239 and 240 of the Code are the relevant statutory provisions. Section 239 requires the Magistrate, to consider 'the police report and the documents sent with it under Section 173' and, … case reads as under:-'If charges are framed in accordance with Section 240 CrPC on a finding that a prima case has been made out -
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