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Nyaju Niyaj Mohd. Vs. State of M.P.

Court : Madhya Pradesh

Subject : CriminalConstitution

Acts : Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 - Sections 5 and 8; Code of Criminal Procedure (CrPC) , 1973 - Sections 233(3), 252, 253, 254 and 254(1); Constitution of India - Articles 19 and 21

Reported in : 2000CriLJ768

said proceedings are to be conducted so far as possible in accordance with the procedure laid down by the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'). Same words have been used in Sub-section (3) of Section 233 … possible in accordance with the procedure laid down by the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'). Same words have been used … are used in Sub-section (1) that 'if the Magistrate does not convict the accused Under Section 252 or Section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in

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

Sunil Vassudev Pednekar Vs. Bicholim Urban Co-operative Bank Ltd.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 202(2), 204, 204(1), 204(1A), 204(2), 244(1), 244(2), 252, 253, 254, 254(1), 254(2), 311 and 482

Reported in : III(2007)BC777; 2006CriLJ3114

of witnesses as required under Sub-section (2) of Section 204 of the Code of Criminal Procedure, 1973, (Code, for short),3. Rule was issued on 10-8-2005 … trial of the accused and record his plea. The Court held that the provisions of Section 204 of the Criminal Procedure Code were not mandatory in nature and if before the list of witnesses is filed, the Magistrate issues a … which are relevant reads as follows:(1) If the Magistrate does not convict the accused under Section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in

Sh. R.K. Singla Vs. Punjab National Bank and anr.

Court : Delhi

Subject : Service

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 209, 228, 350, 406, 409, 420, 467, 468, 471 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 228, 240, 246 and 253; Army Act; Army Rules

Reported in : 2002VIAD(Delhi)250; 97(2002)DLT297; 2002(62)DRJ293; [2002(94)FLR1053]; (2002)IILLJ716Del

trials shall be treated to have commenced when charges are framed under Section 228 of the Code of Criminal Procedure, 1973 in the concerned cases.(ii) In case of trials of warrant cases by magistrates if the cases are … to the same view. It is thereforee evident that 'trial' in the Code was not intended by the Legislature to have a constant meaning and … considered to have commenced when the accused who appear or are brought before the magistrate are asked under Section 253 whether they plead guilty or have any defense to make.'12. Learned counsel for the respondent thus contends that

Sheonandan Paswan Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 25, 209(1), 209(2), 253(1), 253(2), 302, 306(4), 321, 417, 435, 436 and 439; Prevention of Corruption Act, 1947 - Sections 5(1); Indian Penal Code (IPC) - Sections 24, 25, 109, 120B, 121A, 147, 148, 149, 307, 324, 417, 420, 463, 464, 466, 471; Constitution of India - Article 136

Reported in : AIR1983SC1125; AIR1983SC194; 1983(0)BLJR645; 1983CriLJ348; 1984(1)Crimes147(SC); 1982(2)SCALE1241; 1983(2)SCALE126; (1983)1SCC438; (1983)4SCC104; [1983]2SCR61

from the prosecution of Respondents Nos. 2, 3 and 4 in a criminal case under Section 321 of the Criminal Procedure Code, 1073.2. After obtaining the requisite sanction from the Governor on 19th February, 1979 a charge-sheet in Vigilance P.S. … the applicability of correction by the High Court under Sections 435, 436 and 439 or 417 of the CrPC. The function of the Court, therefore, in granting its consent may well be taken to be a Judicial … Shri Lalan Prasad Sinha made an application under Section 321 Cr. P.C. 1973 to the Special Judge seeking permission to withdraw from the prosecution of … to the standard of 'no prima facie case' under Sections 209(1) and 253(1) or of 'ground lessness' under Sections 209(2) and 253(2). This is not

Rita Sengupta Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 245(3) and 249; ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 247, 253, 254 and 258; ;Constitution of India - Article 21; ;Indian Penal Code (IPC) - Sections 120B and 420

Reported in : (1993)1CALLT217(HC)

clear discharge or acquittal of the accused in; the perspective of amended Section 245 of the Code of Criminal Procedure, 1973.9. The revisionist has vindicated her grievance about the absence of element aforementioned liabling her to no penal … the Code the charge and reverse the proceedings to the stage of Section 247 which is analogus to Section 253 of the old Code and discharge the accused. It is undisputed that trial in a warrant case starts … offences under Section 420 read with Section 120B of the Indian Penal Code, 1860.3. While the petitioner was working as an employee of Anthropological Survey

Shri SudarshanacharayA. Vs. Shri Purushottamacharya and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : 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

Nandkishor Rampal Lohiya and ors. Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 201, 302, 304B, 322 and 498A; Code of Criminal Procedure (CrPC) , 1898 - Sections 216, 227, 228, 229 to 235, 253, 254 to 258, 349 and 362; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2001CriLJ2742

rival submissions made at the Bar. Chapter XVIII of Criminal Procedure Code, 1973 is in respect of trials before the Court of Sessions. The accused … in respect of trials before the Court of Sessions. The accused can claim discharge under Section 227 of the Criminal Procedure Code when there is no ground to sustain the charge. At the stage of framing charge, meticulous consideration is … any other provision of the Code to cancel the charge and reverse the proceedings to the stage of Section 253 and discharge the accused. The trial in warrant case starts with framing of charge. Prior to it, the … the petitioners under Section 498A and 302, r/w 34 of Indian Penal Code. The accused pleaded not guilty to the charge and claimed to be

Bhaiyalal and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : CriminalFood Adulteration

Acts : General Clauses Act, 1897 - Sections 26; Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955; Code of Criminal Procedure (CrPC) , 1898 - Sections 4(2), 403 and 482; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2); Indian Penal Code (IPC) - Sections 378 and 379 ; Madhya Pradesh Land Revenue Code, 1959 - Sections 240, 240(1), 240(3) and 253

Reported in : 1993CriLJ29

estoppel under Section 403, Criminal Procedure Code, 1898 Section 300, Cr. P.C. 1973, and the provisions contained in Article 20(2) of the Constitution of India … ORDERS.K. Dubey, J.1. By this petition under Section 482, Criminal Procedure Code, the petitioners have prayed for quashing of the proceedings of the prosecution under Section 379, IPC, pending in … ORDERS.K. Dubey, J.1. By this petition under Section 482, Criminal Procedure Code, the petitioners have prayed for quashing of the proceedings of the prosecution … of Section 240 of the M.P. Land Revenue Code, 1959 (for short, the 'Code), which is punishable under Section 253 of the Code. The trial Court observed that Shrilal, the co-accused, has cut the trees of 'Mahua' and

Priya Sharan Maharaj Alias Yadavendra Parashar and Others Vs. State of ...

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 21; Indian Penal Code (IPC), 1860 - Sections 34, 71, 109, 114, 218, 363, 366, 376, 392, 409, 420 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 173, 211, 212, 216, 217, 218, 219, 220, 221, 222, 223, 226, 227, 228, 229, 230, 231, 232, 233, 234, 234(1), 235, 235(1), 236, 237, 239, 253, 253(1), 254, 255, 256, 257, 258, 277, 325, 349, 360, 397, 397(1), (2) and (3), 464 and 482

Reported in : 1995CriLJ3683

acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction … order, the present revision is not tenable as it is barred under the provision of section 397(2) of the Criminal Procedure Code. A reliance has been placed on the case of V. C. Shukla v. State through C.B.I. : 1980CriLJ690 … charged for the offence punishable under S. 376 of the Indian Penal Code (on five occasions) and other applicants were charged for the offences punishable … on compliant, can be made only after the process has been issued and before the charge is framed. Section 253(1) shows that as a general rule there can be no order of discharge unless the evidence of all