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Chander Mohan Chawla Vs. Babu Lal and anr.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 249; Indian Penal Code (IPC), 1860 - Sections 183

Reported in : 31(1987)DLT96

order of the magistrate to recall the order of dismissal of complaint in default under Section 249 of the Criminal Procedure Code, 1973 - It was held that the none of the provisions of the Code had empowered the magistrate … Jagdish Chandra, J.(1) This petition under section 482 of the Code of Criminal Procedure. 1973 (in short 'the Code') has been filed by the petitioner Chander Mohan Chawla assailing

Shri Purushottam Mishrilal Bhutara and ors. Vs. Jugalkishore R. Kothar ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 205 and 249; Indian Penal Code (IPC), 1860 - Sections 36, 403, 406 and 420

Reported in : (2001)1BOMLR126

dismissed. Rule discharged. Interim orders dated 17th October, 1994 in all the three Writ Petitions are hereby vacated. Criminal Procedure Code, 1973 - Sections 190 and 249 - Cognizance of offences - First complaint dismissed for default in appearance … has to be stated that the legal position is that when a complaint is dismissed for default under Section 249 of the Code of Criminal Procedure, 1973, and the accused is discharged, second complaint is not barred on … Sections 403, 406, 420 read with Section 34 of the Indian Penal Code against the present Petitioners. These were separate complaints which came to be

Narayandas S/O Gulabchand Agrawal Vs. Rakesh Kumar S/O Nem Kumar Porwa ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 249 and 256(1); Negotiable Instruments Act - Sections 138

Reported in : 1996CriLJ29; 1996(2)MhLj463

the absence of any specific provision in the Code of Criminal Procedure, 1973, the Magistrate cannot revive the said order. That being the settled legal … of the complaint. The Delhi High Court referred to various decisions dealing with S. 367 (old Code) of the Criminal Procedure Code as to what should be the contents of a judgment. In our view, the entire discussion is misplaced. … is wrong. What the Court has to see is not whether the Code of Criminal Procedure contains any provision prohibiting a Magistrate from entertaining an … Genl. A. S. Gauraya v. S. N. Thakur, : 1986CriLJ1074 the Apex Court held as under : '9. Section 249 of the Criminal P.C. enables a Magistrate to discharge the accused when the complainant is absent and when

Associated Cement Co. Ltd. Vs. Keshvanand

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 247, 249 and 256; Code of Criminal Procedure (CrPC) , 1898 - Sections 247; Indian Penal Code (IPC) - Sections 11

Reported in : 1998IAD(SC)69; AIR1998SC596; 1998(1)ALD(Cri)374; IV(2007)BC153(SC); [1998]91CompCas361(SC); 1998CriLJ856; 1998(1)Crimes88(SC); JT1998(4)SC268; (1998)119PLR812; RLW1998(1)SC

of acquittal was passed. Criminal - non-appearance of complainant - Sections 247, 249, 256, 386 and 401 of Criminal Procedure Code, 1973, Sections 247 and 259 of Criminal Procedure Code, 1898 and Section 11 of Indian Penal Code, 1860 … necessary, the Magistrate may dispense with his attendance and proceed with the case.' 15. Section 256 of the CrPC, 1973 (for short 'the new Code') is the corresponding provision to Section 247 of the old Code. The main

Rajasthan State Board for Prevention and Control of Pollution Vs. Shar ...

Court : Rajasthan

Subject : Criminal

Reported in : 1998(3)WLC452; 1998(1)WLN328

were called for hearing. The Addl. Chief Judl. Magistrate, Balotra, on the same day, discharged the accused-persons under Section 249 of the Criminal Procedure Code, 1973 because the complainant was not present. The powers under Section 249 of … were registered as cases instituted on complaint, as cognizance of the offences was taken under Section 190(1)(a) of the Criminal Procedure Code, 1973. On 7.2.1986, the complainant did not appear in the Court of the Addl. Chief Judl. Magistrate when … the non-petitioners.2. In these six petitions filed under Section 482 of the Code of Criminal Procedure, common question of law has arisen for decision. All

Harishchandra Sarjerao Gajbhiye Former Civil Judge, Junior Divisio and ...

Court : Mumbai

Subject : Criminal

Acts : Prevention of Food Adulteration Act, 1854 - Sections 16(1) and 16A; Code of Criminal Procedure (CrPC) , 1973 - Sections 245, 248 and 249; Maharashtra Civil Services (Discipline and Appeal) Rules 1979 - Rule 5; Constitution of India - Article 226

Reported in : 2006(4)ALLMR26; 2006(3)BomCR497; 2006(5)MhLj759

not applicable at that stage. Such an order was also not possible either under section 248 or under section 249 Criminal Procedure Code, 1973 because the alleged offences were punishable under sub-section (1) of section 16 of the … hearing. (c) the order of acquittal passed therein was not founded on the provisions of chapter XIX of the Criminal Procedure Code, relating to trial of warrant cases, instituted otherwise, than on Police reports, Section 245 Criminal Procedure Code, 1973, … not founded on the provisions of chapter XIX of the Criminal Procedure Code, relating to trial of warrant cases, instituted otherwise, than on Police reports,

Dior International (P) Ltd. and anr. Vs. Raghuvansh Enterprises

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 249, 256 and 302

Reported in : 1999(49)DRJ441

illegality or infirmity in the impugned order. This petition has no merit and is accordingly dismissed in limine. Criminal Procedure Code, 1973 - Section 249, 256 & 302--Abatment--Death of complainant--Complaint filed by partnership firm through its partner--Substitution sought by … J.B. GoeI, J.1. In this petition under Section 482 of the Code of Criminal Procedure (for short 'the Code') the petitioners challenge the legality of order dated 25.7.1998 passed by

Ajay Kumar Agarwal and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 420 and 468; Negotiable Instruments Act, 1881 - Sections 9 and 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 249, 256, 256(2) and 482

Reported in : 2003(2)ALT(Cri)4; II(2003)BC517; 2003CriLJ3088; [2003(2)JCR178(Jhr)]

the provisions contained under Section 256(2) of the Code of Criminal Procedure. 1973 and for discharging them under Section 249 of the said Code. The ground taken in the petition for acquittal and discharge was that the complainant … 2.2. The instant application invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 6.6.2002 passed in Criminal Revision No. 24 of 2002 … invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated

Vasanth Rao Vs. Ramachandrasa @ Ramanathasa and anr.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 203, 249, 256, 362, 378 and 482; Indian Panel Code - Sections 420, 465, 468, 471 and 474

Reported in : ILR2004KAR1070

petition is disposed of reserving liberty to the appellant to approach this Court under Section 482 Cr.P.C. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTIONS 200, 362, 378, 482 -- Complaint filed for offences … appellant to approach this Court under Section 482 Cr.P.C. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2 OF 1974) - SECTIONS 200, 362, 378, … a case where the accused was not yet served with the summons the matter came to be dismissed. Section 249 of Cr.P.C. explains the situation when discharge order could be passed in favour of the accused before framing

S. Sankaran Vs. Inspector, Triplicane Range, Traffic Investigation Dep ...

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304A, 337 and 338; Code of Criminal Procedure (CrPC) , 1973 - Sections 203, 249, 258, 300(5), 437 and 482

Reported in : 1995CriLJ2823

and 338 of Indian Penal Code, 1860 and Sections 203, 249, 258, 300 (5), 437 and 482 of Criminal Procedure Code, 1973 - Magistrate empowered to try case which stopped under Section 258 - once private complaint dismissed under … ORDER1. This petition is filed under Section 482 Code of Criminal Procedure to quash the proceedings in C.C. No. 690 of 1991 on the file of VI