Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 211 contents of charge Court: supreme court of india Page 1 of about 157 results (0.148 seconds)

Esher Singh Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)270; JT2004(3)SC391; 2004(3)SCALE267; (2004)11SCC585

..... section 2(b) of the code of criminal procedure, 1973 (in short the 'code') defines 'charge' as follows:'2(b) 'charge' includes any head of charge when the charge contains more heads than one:'the code does not define what a charge ..... section 211 thereof deals with content of charge ..... charge sheets was filed against a-1 to a-9 for offences punishable under sections 120b and 302 read with section 120b of the indian penal code, 1860 (in short the 'ipc'), section 3(3) of tada and section 27 of the indian arms act, 1959 (in short the 'arms act'), read with sections 5 and ..... the conspiracy alleged is with regard to commission of a serious crime of the nature as contemplated in section 120b read with the proviso to sub-section (2) of section 120a, then in that event mere proof of an agreement between the accused or commission of such a crime alone is enough to bring about a conviction under section 120b and the proof of any overt act by the accused or by any one of them would not ..... finally, when the ultimate offence consists of a chain of actions, it would not be necessary for the prosecution to establish, to bring home the charge of conspiracy, that each of the conspirators had the knowledge of what the collaborator would do so, so long as it is known that the collaborator would put the goods or service to ..... 422/88 under sections 143, 211, 136 r/w 149 ipc was registered ..... the contention that the amendment in 1993 was intended to make the position more rigorous as for a co-accused is, therefore, .....

Manjit Singh @ Mange and ors. Vs. Cbi

Court : Supreme Court of India

..... section 2(b) of the code of criminal procedure, 1973 (in short "the code") defines "charge" as follows ..... section 12 of tada enables the designated court to jointly try, at the same trial, any offence under tada together with any other offence `with which the accused may be charged' as per the code of criminal procedure ..... designated court (tada), after considering the material evidence on record, including the post mortem report and the statements made by the accused persons under section 313 of the criminal procedure code, has concluded that the prosecution has adduced sufficient, reliable oral and documentary evidence, which corroborates the confessional statement of both the accused namely, k.k ..... it is relevant to note that s.15 of tada act by the use of non-obstante clause has made confession recorded under s.15 admissible notwithstanding anything contained in the indian evidence act or the code of criminal procedure. ..... section 211 thereof deals with content of charge ..... the designated court (tada) did not find any merit in the contention that the confession statements of k.k.saini and mange were not recorded ..... , we do not see any merit in this contention of the learned senior counsel ..... for appreciating the contention of the learned counsel shri ..... (59) in our view, since no prejudice is caused to the accused, we are unable to agree with the contention of shri. k.t.s ..... the contention that the amendment in 1993 was intended to make the position more rigorous as for a co-accused is, therefore, .....

Sanichar Sahni Vs. the State of Bihar

Court : Supreme Court of India

Reported in : JT2009(13)SC192; 2009(8)SCALE680; (2009)7SCC198; 2009(4)LHSC2416

..... sub-section (1) of section 464 of the code of criminal procedure 1973 ('code' for short) expressly provides that no finding, sentence or order by; a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless in the opinion of the court of appeal, confirmation or revision, a failure of justice has in fact (emphasis supplied) been occasioned ..... the statement of the appellant under section 313 of the code of criminal procedure (in short 'cr.p.c. ..... : 1956crilj291 , considered the issue of non- framing of charges properly and conviction of an accused for the offences for which he has not been charged and reached the conclusion as under:in such a situation, the absence of a charge under one or other of the various heads of criminal liability for the offence cannot be said to be fatal by itself, and before a conviction for the substantive offence, without a charge, can be set aside, prejudice will have to be made out ..... the appellant was not charged with any other offence except under section 120b ipc though the specific case of the prosecution was that the appellant hatched the criminal conspiracy with his father and brother to eliminate bhola ..... this court repealed the contention observing as under:10 ..... that case averment had been raised that charges have not been framed against the accused persons in accordance with section 211 cr.p.c.. .....

Sharif Ahmad Vs. The State Of Uttar Pradesh Home Department Secretary

Court : Supreme Court of India

..... the first part relates to the legal issue, that is, the contents of the chargesheet in terms of section 173(2) of the code of criminal procedure, crl. ..... sub-section (2) to section 173 makes a considered departure from sub- section (1) to section 173 of the code of criminal procedure, 18985 ..... sections 211 to 213 and section 218 of the code deal with the contents of the charge ..... . when the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that ..... in the context of the present issue, it would be apt to refer to section 190 and section 204 of the code, along with the provisions relating to contents of charge, namely, sections 211 to 213 and section 218 of the code, which read as under: 190 ..... the provisions of the code also prescribe how to interpret the words used in the charge in terms of section 214 of the code, the effect of defects in the charge in terms of section 215 of the code, the power of the court to alter the charge and recall of the witnesses when a charge is altered in terms of sections 216 and 217 of the code.20 ..... . it is, therefore, apparent from the language of the legislation, that under the code, that is, the code of criminal procedure, 1973, the requirement and the manner of providing details in the chargesheet, stand verified .....

Romesh Lal JaIn Vs. Naginder Singh Rana and ors.

Court : Supreme Court of India

Reported in : AIR2006SC336; JT2005(9)SC393; RLW2005(4)SC3074; 2005(8)SCALE810; (2006)1SCC294; 2006(1)LC217(SC)

..... 211 (1)-83/7773 - in exercise of the powers conferred by sub-section (3) of section 197 code of criminal procedure, 1973 (central act 2 of 1974), the governor of punjab is pleased that the provisions of sub- section (2) of the said section shall apply to serving police officials of all ranks of the punjab police force charged ..... punishable under the orissa forest act and the wild life (protection) act, 1972, and being not content with the said illegal acts, they seriously assaulted him and thereby committed offences punishable under sections 341, 323, 325, 506 and 386 read with section 34 ipc, was of the opinion :'use of the expression 'official duty' implies that the act ..... but where the validity or otherwise of an order of sanction is required to be considered having regard to the facts and circumstances of the case and furthermore when a contention has to be gone into as to whether the act alleged against the accused has any direct nexus with the discharge of his official act, it may be permissible in a ..... that apart, the contention of the respondent that for offences under sections 406 and 409 read with section 120b ipc sanction under section 197 of the code is a condition ..... 'it was observed : (i) the said order dated 23.07.2001 attained finality and, thus, any contention contrary thereto or inconsistent therewith would amount to reviewing thereof which is impermissible in law; (ii) the state having refused to grant a sanction and as the accusations made against the respondent .....

Asit Bhattacharjee Vs. Hanuman Prasad Ojha and ors.

Court : Supreme Court of India

Reported in : 104(2007)CLT488(SC); 2007CriLJ3181; (2008)1GLR1(SC); RLW2007(4)SC3074; 2007(7)SCALE241; (2007)5SCC786

..... a complaint petition was filed by the appellant company before the chief metropolitan magistrate, kolkata purported to be under section 156(3) of the code of criminal procedure, 1973 on or about 15.10.2004 inter alia alleging that a criminal conspiracy was entered into by and between accused no. ..... sub-section (4) of section 181 was introduced in the code of criminal procedure in 1973 as there existed conflict in the decisions of various high courts as regards commission of offence of criminal misappropriation and criminal breach of trust and with that end in view, it was provided that such an offence may be inquired into or tried by the court within whose jurisdiction the accused was bound by law or by contract to render accounts or return ..... sub-section (1) of section 156 empowers the in-charge of a police station to investigate any cognizable offence which court having jurisdiction over the local area within its limit or to try under the provisions of chapter xiii, the power of the magistrate to order such an investigation is vested in him who can take cognizance of the offence under section 190 of the code of criminal procedure.19. ..... : air2000sc2966 , wherein this court held, while considering a contention that the high court of bombay was not correct in not entertaining the application for quashing of a complaint petition filed by the complainant in shillong, went into the merit of the matter and instead of remitting the .....

The Dargah Committee, Ajmer Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1962SC574; [1962]2SCR265

..... given in support of this view appears to be that the magistrate before whom an application under the said section is made is appointed under the code of criminal procedure, and so he is a criminal court although he is not dealing with crime. ..... with similar provisions under the municipal law different high courts seem to have taken the view that magistrates entertaining recovery proceedings under the appropriate statutory provisions are not inferior criminal courts under the code of criminal procedure. ..... 222 provides that where any money recoverable by the committee under this section is payable by the owner of the property, it shall be charged thereon and shall be recoverable as if it were a tax levied by the committee ..... the learned sessions judge considered the contentions raised by the appellant and held that the view taken by the magistrate cannot be said to be incorrect and so there was no ground to ..... opinion, therefore, the contention that the application made under ..... and that even if the repairs were carried out they could not have cost as much, and since the scheme of the regulation shows that it provides no opportunity to the owner to raise those contentions except in proceedings under s. ..... his contention is that the amount which is ..... the argument proceeds that the regulation provides no other opportunity to the owner to challenge the notice or to question the amount claimed from him were sound then there would be some force in the contention that s. ..... obvious answers to this contention. .....

Shantha @ Ushadevi and anr. Vs. B.G. Shivananjappa

Court : Supreme Court of India

Reported in : AIR2005SC2410; 2005(2)ALD(Cri)370; 2005(2)BLJR1296; 2005CriLJ2615; II(2005)DMC1SC; JT2005(5)SC347; 2005(4)KarLJ208; (2005)4SCC468

..... the learned single judge of the high court that under proviso to sub-section (3) of section 125 of the code of criminal procedure no warrant can be issued to levy the amount due beyond a period ..... that the appellant, shantha @ ushadevi and kusuma, a minor represented by her mother-guardian filed a petition under section 125 of the code of criminal procedure being criminal petition no.2 of 1991 before the trial court against respondent claiming for maintenance. ..... the appellant filed criminal miscellaneous petition no.47 of 1993 under section 125(3) of the code of criminal procedure claiming an amount of rs.5,365/- as ..... 000/- was objected by the respondent contending that the appellant cannot claim arrears of maintenance beyond a period of one year under first proviso to section 125(3) of the code of criminal procedure being barred by limitation. ..... by limitation and therefore, reversed the judgment of the learned sessions judge who had opined that there was no need for the appellants to file i.a.1 during the pendency of the criminal miscellaneous petition no.47 of 1993 as the appellants were entitled to the arrears of maintenance right from the date the magistrate passed the order.4. ..... for a term which may extend to one month or until payment if sooner made:provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: xx xx xx . ' 7. .....

State of West Bengal and ors. Vs. Sujit Kumar Rana

Court : Supreme Court of India

Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129

..... - notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 1973 (2 of 1974) or in any other law for the time being in force, the officer authorized under section 59-a or the forest officer specially empowered under section 59-c or the district judge to whom an appeal may be preferred under section 59-d shall have and any other officer or forest officer or court, tribunal or authority shall not have jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of any ..... applicability of section 482 of the code of criminal procedure, 1973 for quashing a proceeding for confiscation of forest-produce etc. ..... was used in carrying the timber or other forest-produce without the knowledge or connivance of the owner himself or his agent, if any, or the person in charge thereof and that each of them had taken all reasonable and necessary precautions against such use, no order confiscating the same shall be made. ..... in view of our findings aforementioned, the contention of the learned counsel that this court may not exercise its jurisdiction under article 136 of the constitution of india having regard to the purported findings of the criminal court, will have to be judged. ..... by reason of the impugned judgment the said contention was negatived.submission :7. mr. t.c. .....

Suresh and anr. Vs. State of Haryana

Court : Supreme Court of India

..... code of criminal procedure of 1973 which incorporated the changes proposed in the said bill of 1970 states in its objects and reasons that section 357 was ".intended to provide relief to the proper sections ..... capacity of the accused to pay which constitutes an important aspect of any order under section 357 code of criminal procedure would involve a certain enquiry albeit summary unless of course the facts as emerging in the course of the trial are so clear that the court considers it ..... asked learned counsel for the parties to make their submissions as to applicability of section 357a of the code of criminal procedure providing for compensation by the state to the victims of the crime and also requested ..... the recommendations made by the law commission in the above report, the government of india introduced the code of criminal procedure bill, 1970, which aimed at revising section 545 and introducing it in the form of section 357 as it reads today. ..... india in its 41st report submitted in 1969 discussed section 545 of the code of criminal procedure of 1898 extensively and stated as follows: ".46.12. ..... back home the code of criminal procedure of 1898 contained a provision for restitution in the form of section 545, which stated in sub-clause 1(b) that the court may direct ".payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the ..... only if the offender has been convicted of the offence with which he is charged. .....