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State of Maharashtra Vs. Rahatali Khan @ Nabhu Khan and ors.
Mumbai
Jan-20-1984
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 244 and 245(1)
1984(1)BomCR449; 1985MhLJ243
Esplanade, Bombay in Case No. 37/w of 1981, discharging respondents Nos. 1 and 2 under section 245 of the Criminal Procedure Code, 1973 (hereinafter referred to as the 'Code').2. The facts giving rise to this revision application are that the … respondents Nos. 1 and 2 under section 245 of the Criminal Procedure Code, 1973 (hereinafter referred to as the 'Code').2. The facts giving rise to … and proceedings carefully I am satisfied that the evidence which the prosecution adduced in the trial Court under section 244 of the Code, was prima facie sufficient to frame a charge against the respondents. I have narrated hereinabove,
Tag this Judgment! AI Brief & AskDr. Ajit Gupta Vs. State and anr.
Delhi
May-04-2007
Criminal
Indian Penal Code (IPC) - Sections 279, 304A, 403, 405, 406, 415 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 244 and 245; Criminal Law
2008CriLJ3172; 2007(96)DRJ356
420 IPC.13. Accordingly, the impugned order does not call for any interference and this revision petition is dismissed. Criminal Procedure Code, 1973Sections 244, 245 & 482 - Indian Penal Code, 1860--Sections 403, 405 & 420--Sale of bus by accused … of the petitioner, referred to the provisions of Section 245 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') which relates … discharge of an accused. The said section provides that if, upon taking all the evidence referred to in Section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out
Tag this Judgment! AI Brief & AskJ. Ranganathan, Second Income-tax Officer Vs. M.S. Bhavani
Chennai
Aug-25-1993
Direct Taxation
Income Tax Act, 1961 - Sections 276C, 276C(1) and 277; Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 244(2), 245 and 245(2)
[1994]209ITR600(Mad)
Direct Taxation - recording evidence - Section 482 of Criminal Procedure Code, 1973 - petition seeking direction to Magistrate to proceed with trial in accordance … referred to - challenging the same and to quash both the cases, quash proceedings under section 482 of the Criminal Procedure Code were filed on behalf of the accused/respondent herein in this court. But, however, both resulted in total rejection. … discharge of the accused. But at the same time, a petition on behalf of the petitioner herein under section 244 of the Code has also been filed requesting the learned magistrate to issue process as prayed on behalf … process. Head Note: INCOME TAX Prosecution--PROCEDURE BEFORE MAGISTRATE--Under ss. 244 and 245 CrPC--Accused filing discharge application. Facts : Complaint was filed by income-tax official before
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Rajanna Vs. Chayapathi
Karnataka
Nov-20-1987
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245 and 246
ILR1988KAR198
the order passed by the Magistrate cannot be sustained. CRIMINAL PROCEDURE CODE 1973 (Central Act No. 2 of 1974) - Sections 244, 245 and 246 … the purpose of framing a charge it cannot be said to be wrong.The learned author Sohoni, in his Criminal Procedure Code, 18th Edition, Volume-3, page 2692 stated : 'It is not open to the Magistrate to take into consideration … be said to be wrong.The learned author Sohoni, in his Criminal Procedure Code, 18th Edition, Volume-3, page 2692 stated : 'It is not open to … that the Magistrate had chosen to follow the warrant case procedure for the case. He referred me to Section 244 Cr.P.C. which reads thus:'(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears
Tag this Judgment! AI Brief & AskThe State of Maharashtra and Others Vs. Rajkumar Singh and Others
Mumbai
Dec-01-1998
Criminal
Railway Property (Unlawful Possession) Act, 1966 - Sections 3-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246, 319 and 482
1999(5)BomCR349
of the Railway Property(Unlawful Possession) Act originally against three accused. This complaint was filed under section 244 of the Criminal Procedure Code as a case instituted otherwise than on a police report. The trial Magistrate recorded evidence of three witnesses … Property(Unlawful Possession) Act originally against three accused. This complaint was filed under section 244 of the Criminal Procedure Code as a case instituted otherwise than on a police report. The trial Magistrate recorded evidence of three witnesses … those orders cannot be sustained. Hence the order : Criminal Procedure Code, 1973 - Section 319 - Complaint - Evidence - Means evidence recorded at
Tag this Judgment! AI Brief & AskThe State of Maharashtra Vs. Chandrakant Annappa Shyanbhag and anr.
Mumbai
Jan-06-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246 and 247; Railway Property (Unlawful Possession) Act, 1966 - Sections 3; Railway Protection Force Act, 1957 - Sections 20(1), 20(2) and 20(3); Constitution of India - Article 21(5)
1993(2)BomCR211
(2) and 20 (3) of Railway Protection Force Act, 1957 and Sections 244, 245, 246 and 247 of Criminal Procedure Code, 1973 - question whether an act complained of is one purported to be done in execution of his … a case filed on a private complaint and is triable as a warrant case. Chapter XIX of the Code of Criminal Procedure deals with trial of warrant cases. Sections 238 to 243 provide for procedure in respect … original accused Nos. 1 and 3 are convicted for an offence under section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to,
Tag this Judgment! AI Brief & AskS. Vivekanantham Vs. R. Viswanathan and ors.
Chennai
Jul-01-1976
Criminal
1977CriLJ425
question raised in this petition is, whether under Section 244, Criminal Procedure Code, 1973, a complainant in a private complaint can be permitted by a … ORDERNatarajan, J.1. The interesting question raised in this petition is, whether under Section 244, Criminal Procedure Code, 1973, a complainant in a private complaint can be permitted by a Magistrate to cite … hand. The issue in that case was whether after the introduction of new Section 204(1-A), other sections of the Criminal Procedure Code and in particular Section 256 have to be read along with Section 204(1-A). The learned single Judge of
Tag this Judgment! AI Brief & AskAirfreight Limited Vs. K. Kothawala
Mumbai
Nov-23-1994
Criminal
Indian Penal Code (IPC), 1860 - Sections 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 245(1), 397, 401 and 482
1995(4)BomCR109; 1995CriLJ287
244, 245, 245 (1), 397, 401 and 482 of Criminal Procedure Code, 1973 - revision application under Section 397 and 401 - accused charge-sheeted under … 1. This Revision Application under Ss. 397 and 401 of the Criminal Procedure Code has been filed by the applicant-original complainant against the order passed by the learned Addl. Chief Metropolitan Magistrate, … 1. This Revision Application under Ss. 397 and 401 of the Criminal Procedure Code has been filed by the applicant-original complainant against the order passed by the learned Addl. Chief Metropolitan Magistrate,
Tag this Judgment! AI Brief & AskShri SudarshanacharayA. Vs. Shri Purushottamacharya and anr.
Supreme Court of India
Sep-04-2012
Criminal
Code Of Criminal Procedure (Cr.P.C), 1973 - Section 244, 245(1), 482, 468, 309, 311, 253; Indian Penal Code (IPC), 1806 - Section 406
kept open. The appeal is dismissed with theabove directions. [AFTAB ALAM; RANJANA PRAKASH DESAI, JJ.] - Code Of Criminal Procedure (Cr.P.C), 1973 - Section 244, 245(1), 482, 468, 309, 311, 253; Indian Penal Code (IPC), 1806 - Section … for hearing on 18/06/1988. On 18/06/1988,the complainant took time for producing evidence under Section 244 of theCriminal Procedure Code, 1973 (“the code”, for short). Learned Magistrateposted the matter for hearing on 25/08/1988. But on 25/08/1988, thecomplainant and
Tag this Judgment! AI Brief & AskRadha Vs. Raju
Kerala
Oct-27-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 245(1) and 246
2003(3)KLT1046
result this petition is dismissed. Criminal - police custody - Sections 244, 245, 245 (1) and 246 of Criminal Procedure Code, 1973 - whether Order of magistrate discharging accused invoking power under Section 245 valid - in view of … at the stage of Section 203/204 Cr.P.C. and Section 245/246 Cr.P.C. That expression is not used in the Code of Criminal Procedure. But it must be noted that the quality of consideration at the stage of Section
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