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The State of Maharashtra Vs. Chandrakant Annappa Shyanbhag and anr.

Court : Mumbai

Subject : Criminal

Acts : 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)

Reported in : 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 … 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 … order of discharge. If a Magistrate does not take action under section 245, he has to proceed under section 246. Section 246 provides that the Magistrate, if he is of an opinion that there is ground for, presuming

In Re: the Special Courts Bill, 1978 Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … in the offence in respect of which a declaration is made under Section 4 either as principal, conspirator or abettor and all other offences and … III. Learned counsel rely on the provisions of Article 138(1) and Article 246(1) and on entries 77 and 97 of List I for sustaining the

S.G. Sohanraj Vs. Assistant Collector of Central Excise

Court : Chennai

Subject : Excise

Acts : Gold (Control) Act, 1968 - Sections 97; Code of Criminal Procedure (CrPC) , 1973 - Sections 246

Reported in : [1976]46CompCas661(Mad)

of Gold (Control) Act, 1968 and Section 246 of Criminal Procedure Code, 1973 - whether Court can take cognizance of offences under Act of 1968 … B of Chapter XIX of the Code of Criminal Procedure, viz., cases instituted otherwise than on police report. Section 246 of the Code lays down that when, after taking evidence or at any previous stage, the Magistrate is … cases where the validity of a sanction for prosecution of a public servant granted under Section 197 of the Criminal Procedure Code, 1882, came up for consideration. In the former case, there was a general order of the Board of … of a public servant granted under Section 197 of the Criminal Procedure Code, 1882, came up for consideration. In the former case, there was a

Mahesh Kumar Vs. Union of India (Uoi)

Court : Madhya Pradesh

Subject : Company

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; ;Central Excises Act, 1944 - Seciton 9, 9AA and 9AA(1)

Reported in : 1999(65)ECC391; 1999(111)ELT703(MP)

Section 9AA(1) of the Act.8. Section 246(1) of the Criminal Procedure Code, 1973, empowers the magistrate to frame a charge if he is satisfied that … N.K. JAIN, J. 1. By this petition under Section 482 of the Criminal Procedure Code, the petitioner seeks quashment of the charge framed under Section 9 of the Central Excises and Salt Act, … N.K. JAIN, J. 1. By this petition under Section 482 of the Criminal Procedure Code, the petitioner seeks quashment of the charge framed under Section 9 of the Central Excises and Salt Act,

P. Ugender Rao and ors. Vs. J. Sampoorna and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 203, 204, 220, 244, 245, 246, 252, 253(1) and 253(2) and 254

Reported in : 1990CriLJ762

validity of charges - Sections 203, 204, 220, 244, 245, 246, 252, 253 (1) and 253 (2) of Criminal Procedure Code, 1973 - petition under Section 482 to quash proceeding against petitioner-accused - petitioner alleged that complaint filed without … different heads, thereby denying them opportunity of being considered for discharge in terms of S. 245 of the Code of Criminal Procedure and therefore the charges are liable to be quashed. 3. To appreciate the above submission

Ramanlal Vadilal Shah and Others Vs. Lalitkumar Ranchhodlal and Anothe ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 246(3), 309 and 482

Reported in : 1986(3)BomCR265; (1986)88BOMLR403

ORDER1. This is a petition under section 482 of the Criminal Procedure Code or in the alternative a revision petition against the order dated 9th April 1985 passed by the Additional … ORDER1. This is a petition under section 482 of the Criminal Procedure Code or in the alternative a revision petition against the order dated 9th April 1985 passed by the Additional … proceedings whether can be interfered with--Intendment of provisions of Cr.P.C.--Criminal Procedure Code, 1973 (II of 1974), Sections 482, 397, 309, 246(3).;There is no bar under

Rajanna Vs. Chayapathi

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245 and 246

Reported in : 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 … of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.'Section 246 Cr.P.C., reads:-'(1) If, when such evidence has been taken, or at any previous stage of the case, the

Harikant Ramnarayan Singh Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Service

Acts : Army Act, 1950 - Sections 125, 126 and 126(1); Navy Act, 1957; Air Force Act, 1950; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Criminal Code and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3, 4 and 5; Air Force Law; Army Rules - Rule 125

Reported in : 2007(5)MhLj419

of Section 256 or Section 257 of the Code of Criminal Procedure, 1973 (2 of 1974) or hear him in his defence under Section 254 … view of Section 125 of the Army Act read with Scheme of Section 475 of the Code of Criminal Procedure, the Officer Commanding has made a request to the Criminal Court to transfer the record of the criminal … of the Army Act read with Scheme of Section 475 of the Code of Criminal Procedure, the Officer Commanding has made a request to the … said Code, or(b) frame in writing a charge against the accused under Section 240 or Sub-section (1) of Section 246 of the said Code; or(c) make an order committing the accused for trial to the Court of Sessions

Mangal Singh Bhatti Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Criminal

Acts : Navy Act, 1957 - Sections 78, 78(1) and 78(2); Navy Regulations - Regulations 28, 30, 149 and 151; Army Act, 1950; Air Force Act, 1950; Criminal Courts and Court Martial (Adjustment of jurisdiction) Rules, 1978 - Rules 2, 3, 4, 5, 6, 8 and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 192, 209, 240, 246(1), 252, 254, 255(1), 255(2), 256(1), 257, 475 and 475(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 549

Reported in : 1993CriLJ3070

(1) and (2) of Section 255, Sub-section (1) of Section 256 or Section 257 of the Code of Criminal Procedure, 1973 (2 of 1974), or hear him in his defence under Section 254 of the said Code; or(b) … said Code; or(b) frame in writing a charge against the accused under Section 240 or Sub-section (1) of Section 246 of the said Code; or(c) make an order committing the accused for trial to the Court of Session … Court-martial :- (1) The Central Government may make rules consistent with this Code and, the Army Act, 1950 (46 of 1950), the Navy Act, 1957

A. Radhakrishnan Vs. Ito

Court : Chennai

Subject : Direct Taxation

Reported in : [2002]253ITR676(Mad)

learned Additional Chief Metropolitan Magistrate (Economic Offences-1), Chennai, allowing the petition filed under sections 246(6) and 311 of the Criminal Procedure Code, 1973 by the respondent-complaintant The proceedings against the petitioner-accused were initiated by way of a private complaint.After the … Metropolitan Magistrate (Economic Offences-1), Chennai, allowing the petition filed under sections 246(6) and 311 of the Criminal Procedure Code, 1973 by the respondent-complaintant The proceedings against the petitioner-accused were initiated by way of a private complaint.After the … Additional Chief Metropolitan Magistrate (Economic Offences-1), Chennai, allowing the petition filed under sections 246(6) and 311 of the Criminal Procedure Code, 1973 by the respondent-complaintant