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Bhiku Ram JaIn Etc. Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 240 and 397(2)

Reported in : 1977CriLJ1995; ILR1977Delhi517; 1977RLR365

204 of the Code. (i) Criminal Procedure Code (1973) - Sections 240, 246 & 204--charge--framing of charge under Section 240 or issuing of process against an accused under Section 204--whether an interlocutory or final order.; An order which … view of the provisions of sub-section (2) of section 397 of the Code of Criminal Procedure, 1973, is it open to the High Court in … a bar which apparently fetters the revisional powers of the Court only. There is nothing in section 482, Criminal Procedure Code that it is to be read subject to section 397(2)'. The Court held that it would not like

Hasanbhai Valibhai Qureshi Vs. State of Gujarat and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B and 395; Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 173(8), 216, 217 228 and 240; Constitution of India - Article 226

Reported in : AIR2004SC2078; 2004(2)BLJR883; 2004CriLJ2018; (2004)2GLR1634; JT2004(4)SC305; 2004(3)MhLj1074; 2004MPLJ593(SC); 2004(4)SCALE174; (2004)5SCC347; 2004(2)LC1027(SC)

was of the view that if further investigation is necessary the remedy is available in the Code of Criminal Procedure, 1973 (in short the 'Code') and further investigation can be carried out under the supervision of the trial … infructuous and would only delay process of trial unnecessarily.8. Section 228 of the Code in Chapter XVII and Section 240 in Chapter XIX deal with framing of the charge during trial before a Court of Sessions and trial … FIR various offences including Sections 395 and 120B of the Indian Penal Code, 1860 (in short the 'IPC') and Section 135 of the Bombay Police

The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad Vs. Kun ...

Court : Andhra Pradesh

Subject : Criminal

Acts : 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

Reported in : 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

Md. Wasim and ors. Vs. the State of Bihar

Court : Patna

Subject : Criminal

Acts : 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 … 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, the learned

Bhongiri Kiran Kumar and ors. Vs. State of A.P.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 202, 239, 240, 251, 397, 397(1) and 397(2); ;Special Courts Act, 1979 - Sections 11 and 11(1); Indian Penal Code (IPC) - Sections 34 and 500

Reported in : 2000(3)LS282

of the expression 'Interlocutory order' so as to attract the bar under sub-section (2) of Section 397 of the Criminal Procedure Code (for brevity 'the Code').2. In Criminal Revision Case No.380 of 2000 the Revision Petitioners assail the order dated … 'Interlocutory order' so as to attract the bar under sub-section (2) of Section 397 of the Criminal Procedure Code (for brevity 'the Code').2. In Criminal Revision Case No.380 of 2000 the Revision Petitioners assail the order dated … Code including any discharge or framing of charges under Section 239 or 240 amount to a trial'.The Apex Court reiterated the same view in COMMON … 'Interlocutory order' as appearing in sub-section (2) of Section 397 of the 1973 Code'.It is obvious, therefore, that there are certain categories of orders though

Ummed Puri and ors. Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 240; Indian Penal Code (IPC) - Sections 379 and 447

Reported in : RLW2003(3)Raj1498; 2003(1)WLC136; 2003(2)WLN321

the case be sent forthwith to the trial Court. The misc. petition is hereby rejected and disposed accordingly. Criminal Procedure Code, 1973 - Sections 240 and 482--Penal Code, 1860--Sections 379 and 447--Quashing of charge--Suit for possession of land pending--Petitioner … committed offences Under Section 447 and 379 IPC.11. Section 240 of the Code of Criminal Procedure provides that if upon such consideration, examination, if any, … cannot be quashed, because at the relevant time, the accused-petitioners committed offences Under Section 447 and 379 IPC.11. Section 240 of the Code of Criminal Procedure provides that if upon such consideration, examination, if any, and hearing the

State of Orissa Vs. Debendra Nath Padhi

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Reported in : 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, … supports the prosecution. Para 7 of the aforesaid 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 - as has been done in

Sheonandan Paswan Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 109, 120B, 420, 466 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(3), 24(8), 25, 154, 155, 157, 172, 173, 173(1), 173(2), 190, 197, 202, 203, 209(1), 209(2), 227, 228, 239, 240, 244, 245, 245(1), 245(2), 253(1), 253(2), 257, 258, 320, 320(1), 320(2), 321, 333 and 397; Constitution of India - Articles 14, 136, 137 and 166(3); Code of Civil Procedure (CPC) , 1908 - Order 47, Rule 1

Reported in : AIR1987SC877; 1987CriLJ793; JT1986(1)SC832; 1986(2)SCALE1099; (1987)1SCC288; [1987]1SCR702

first qualification is that where a charge has been framed by the Court either under section 228 or section 240 of the Code of Criminal Procedure, 1973, it would not be open to the Public Prosecutor to apply … by the Central Government to withdraw from the prosecution." This section corresponds to section 494 of the old Criminal Procedure Code, 1898 and it incorporates certain changes which have relevance in that they threw some light on the true … appointee of the Government, Central or State (see sections 24 and 25, CrPC), appoint- ed for conducting in court any prosecution or other proceedings on

State of Maharashtra and Khas Mohamad Basalataill Vs. Prabhatkumar Sha ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 197, 239, 240 and 207; Indian Penal Code (IPC), 1860 - Sections 21(12), 120B and 511; Evidence Act, 1872 - Sections 3, 10 and 59; Major Port Trust Act, 1963 - Sections 112

Reported in : 1985(1)BomCR609

the object has already been achieved. (i) Criminal - framing of charge - Sections 173, 239, 240 of Criminal Procedure Code, 1973 - considerations under Sections 239 and 240 is restricted only to perusal of police report, documents sent … unusual exercise wherein there is an apparent endeavour almost to re-write the Code of Criminal Procedure, adopting such a stance which makes the existing procedure … reason for so doing'.The counter part of the other contingency of framing of the charges in reflected in section 240, which reads as :---'240(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion

The State (Tamil Nadu) Vs. Veerappan and ors.

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 242, 242(2), 248, 253(1), 254(2), 255, 255(1) and 954

Reported in : AIR1980Mad260

81 Cr. P. C. 1861, the Magistrate to issue a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. C., under which the accused have … a warrant.5. We shall first examine the provisions of the Criminal Procedure Code of 1973, which have relevance to this matter.6. Section 255(1), Cr. P. … light on the first question which has been referred to us and which relates to summons cases. Under Section 240, if upon consideration of the Police report and the documents sent with it under Section 173, and examination