Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 211 contents of charge Court: supreme court of india Page 11 of about 157 results (0.168 seconds)

S. Chinnasamy and R. Soundararajan Vs. Seed Inspector, Coimbatore and ...

Court : Supreme Court of India

Reported in : AIR2007SC109; 2006CriLJ4761; JT2006(9)SC1; 2006(10)SCALE7; (2006)11SCC486

..... forthwith report the fact of such seizure to a magistrate whereupon the provisions of sections 457 and 458 of the code of criminal procedure, 1973 (2 of 1974) shall, so far as may be, apply to the custody and disposal of such seed.according to sub-clause (3) of clause 13, after seizure, the seed inspector was under an obligation to report the fact of the seizure to a magistrate, whereupon the provisions of sections 457 and 458 of the code of criminal procedure shall apply to the custody and disposal of such seeds. ..... by the said order of the special judge for essential commodities / ndps act, preferred a criminal appeal under section 374 of the code of criminal procedure to set aside the conviction and sentence. 8. ..... questioned under section 313 of the code of criminal procedure. ..... above acts of the accused contravene section 3, section (8) (a), section (9) and section 18(1) of the seeds (control) ..... 9.9.1997 for violation of clauses 3(1), 8(a) and (b) and 18(1) of seeds (control) order, 1983 with reference to clauses (a), (h) and (i) of sub-section 2 of the section 3 punishable under section 7(1)(a)(ii) of the essential commodities act, 1955. ..... high court, acceptance of this contention would set a wrong precedent. ..... determination framed by the trial court was whether the prosecution had proved beyond all reasonable doubt the charges framed against the accused. 4. ..... to substantiate the charges against the appellants, in the trial court, pw 1, thiru john thadeus who was working as the seed .....

Anil @ Raju Namdev Patil Vs. Administration of Daman and Diu, Daman an ...

Court : Supreme Court of India

Reported in : JT2006(10)SC586; 2006(12)SCALE516; (2007)2Crimes135; 2007(1)KCCR4(SC)

..... the other hand, would submit:(i) having regard to the provisions contained in sections 221, 215 and 364 of the code of criminal procedure, the appellant having not been prejudiced by wrong framing of a charge, the impugned judgment should not be interfered with. ..... omission to frame charges under section 306 in terms of section 215 of the code of criminal procedure may or may not result in failure of justice, or prejudice ..... the requirements of section 164 of the code of criminal procedure have, thus, fully been ..... the code of criminal procedure has ample provisions to meet a situation like the one ..... counsel would submit that when the provisions of the code of criminal procedure, viz. ..... purported to have been done only in his examination under section 313 of the criminal procedure code. ..... against this, learned counsel for the state vehemently submitted that even though it is an error on the part of the additional sessions judge of not framing the charge under section 302 read with 149 of ipc no prejudice is caused to the accused as relevant facts were placed before the court and the attention of the accused also was ..... counsel appearing on behalf of the appellant would principally raise the following contentions in support of this appeal:(i) charges having only been framed under sections 364, 302 and 201 of the indian penal code, the appellant could not have been convicted under sections 364a and 201 thereof. ..... before we advert to the said contentions, we may notice the following precedents .....

Vijay Kumar Vs. State of U.P. and anr.

Court : Supreme Court of India

..... the argument before this court was that they should have been summoned as court witnesses for examination under section 540 of the code of criminal procedure, 1898, which is para material same as section 311 of code of criminal procedure, 1973. ..... there is no manner of doubt that the power under section 311 of the code of criminal procedure, 1973 is exercised arbitrarily and, therefore, the impugned judgment is liable to be set aside. 17. ..... ruchi saxena as court witness under section 311 of the code of criminal procedure, 1973. 3. ..... ruchi saxena had nothing to do with this case and neither she was examined under section 161 of the code of criminal procedure nor her name had been listed as one of the prosecution witnesses. ..... after success of the trap, further investigation was carried out and on january 4, 2003 charge-sheet was submitted against the two accused persons, namely, the respondent no. ..... her name did not figure as one of the witnesses to be examined by the prosecution when charge-sheet was submitted in the court of learned special judge. ..... in the said case the appellant, his father and his mother were charged for murder of appellant's wife. ..... after framing of necessary charges against the two accused the trial of the case was conducted before the learned special judge, bareilly in special case no. ..... after framing of charge and commencement of trial several witnesses were examined by the prosecution, who had been cross- examined by the accused. .....

Satish MehrA. Vs. State of N.C.T. of Delhi and anr.

Court : Supreme Court of India

..... though a criminal complaint lodged before the court under the provisions of chapter xv of the code of criminal procedure or an fir lodged in the police station under chapter xii of the code has to be brought to its logical conclusion in accordance with the procedure prescribed, power has been conferred under section 482 of the code to interdict such a proceeding in the event the institution/continuance of the criminal proceeding amounts ..... wherein the parameters of exercise of the inherent power vested by section 561a of the repealed code of criminal procedure, 1898, (corresponding of section 482 cr.p.c. ..... section 227 of the code of criminal procedure, 2 of ..... a proceeding either at the threshold or at an intermediate stage of the trial is inherent in a high court on the broad principle that in case the allegations made in the fir or the criminal complaint, as may be, prima facie do not disclose a triable offence there can be reason as to why the accused should be made to suffer the agony of a legal proceeding that more often ..... took the view that as all issues and contentions raised can be so raised before the learned trial court at the time of framing of charge, interference would not be justified. ..... , 1973) had been laid down in the following terms :" (i) where institution/continuance of criminal proceedings against an accused may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice;(ii) where it manifestly .....

P. Vijayan Vs. State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR2010SC663; JT2010(1)SC459; 2010(1)SCALE604; (2010)2SCC398; 2010(2)LC724(SC)

..... the parties, it is useful to refer section 227 of the code of criminal procedure, 1973, which reads as under:227. ..... prafulla kumar samal : (1979) 3 scc 4 this court after adverting to the conditions enumerated in section 227 of the code and other decisions of this court, enunciated the following principles:(1) that the judge while considering the question of framing the charges under section 227 of the code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a ..... further, the words 'not sufficient ground for proceeding against the accused' clearly show that the judge is not a mere post office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case ..... trial judge has not assigned detailed reasons for dismissing the discharge petition filed under section 227, it is clear from his order that after consideration of the relevant materials charge had been framed for offence under section 302 read with section 34 ipc and because of the same, he dismissed the discharge petition. ..... prafulla kumar samal this court after considering the scope of section 227 observed that the words `no sufficient ground for proceeding against the accused' clearly show that the judge is not merely a post office to frame charge at the behest of the prosecution but he has to exercise his judicial mind to the facts of the case in order to determine that a case .....

Ram Swaroop and ors. Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : 2004(2)LC916(SC)

..... while dealing with the statement of madan lal under section 161 of the code of criminal procedure the high court noticed that neither in the first information report nor in his statement made in the course of investigation, did pw.8 attribute any role to ram kalyan and hiralal in the assault on bhanwarlal, but ..... it is well settled that a statement recorded under section 161 of the code of criminal procedure cannot be treated as evidence in the criminal trial but may be used for the limited purpose of impeaching the credibility of ..... she had in fact followed her husband and the statement to the contrary recorded in her statement under section 161 of the code of criminal procedure was not stated by her.14. ..... the high court ought to have considered his deposition rather than his statement recorded under section 161 of the code of criminal procedure. ..... noticed that the high court has attached undue importance to the statements made in the course of investigation and recorded under section 161 of the code of criminal procedure. ..... 55 of 1986 charged variously of offences under sections 302, 302/34 and ..... and hiralal were sentenced to undergo four years' imprisonment for committing the offence under section 304 read with section 34 ipc and six months' imprisonment for the offence under section 323 ipc. ..... result this appeal is allowed and the appellants are acquitted of all the charges leveled against them. ..... of these findings, the trial court acquitted them of all the charges leveled against them.3. .....

Ram NaraIn Vs. Murat and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2417; 2001(3)Crimes363(SC); (2002)9SCC705

g.b. pattanaik and; u.c. banerjee, jj.1. leave granted.2. the complainant is in appeal against the order of the learned single judge of the allahabad high court. the allahabad high court in exercise of powers under section 482 of the code of criminal procedure quashed the pending proceedings initiated under section 3(i)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. the impugned judgment indicates that the high court came to a conclusion that the petitioner before it was in possession of the land bearing plots nos. 72, 73 and 74, and on that basis interfered with the criminal proceedings. there is no finding of any competent forum that the petitioner before the high court, namely, murat and others are in possession of the disputed plots, and on the other hand, a civil suit is pending before the civil court. that being the position, the high court was in error in assuming that murat and others were in possession of the land, and on that erroneous assumption interfered and quashed the criminal proceedings. this, on the face of it, is in excess of the jurisdiction conferred on the high court under section 482 of the code of criminal procedure. we therefore set aside the impugned order passed by the high court and direct that the criminal proceedings may go on in accordance with law.3. the appeal is disposed of accordingly.

State of Punjab and anr. Vs. Mohammed Iqbal Bhatti

Court : Supreme Court of India

Reported in : JT2009(13)SC180; 2009(II)OLR(SC)525

..... sanction of the government and in that view of the matter if he is accused in any offence alleged to have been committed by him while acting or purporting to act in discharging of his official duty, grant of prior sanction is imperative in character in terms of section 197 of the code of criminal procedure, 1973 ..... . in the aforementioned situation, the high court, opined:once the government passes the order under section 19 of the act or under section 197 of the code of criminal procedure, declining the sanction to prosecute the concerned official, reviewing such an order on the basis of the same material, which already stood considered, would not be appropriate ..... short question which arises for consideration in this appeal is as to whether the state has any power of review in the matter of grant of sanction in terms of section 197 of the code of criminal procedure, 197.3. ..... . before embarking on the rival contentions, we may also place on record that the government of punjab, department of vigilance had issued guidelines in terms whereof the grant of sanction by the administrative department may be refused; some of the provisions whereof read as ..... first information report was lodged against him on or about 6.9.2001 under sections 7 and 13(2) of the prevention of corruption act, 1988. ..... . the contention of the learned additional advocate general for the appellants is that rule 8 of the rules of business shall apply whereas according to the learned counsel for the respondent, rule 9 thereof .....

State of Bihar Vs. Rajendra Agrawalla

Court : Supreme Court of India

Reported in : 1996(1)ALD(Cri)38; 1996(1)BLJR608; 1996CriLJ1372; 1996(1)Crimes21(SC); JT1996(1)SC601; 1996(4)KarLJ59; 1996(1)SCALE394; (1996)8SCC164; [1996]1SCR744

..... singh further contended that notwithstanding the well recognised principle enunciated by this court that the power under section 482 of the code of criminal procedure should be exercised very sparingly and cautiously and only when the court comes to the conclusion that there has been an abuse of the process of the court, but in the case in hand the learned ..... and material referred to in the charge sheet do make out an offence under section 414 of the indian penal code, so far as the respondent is ..... the investigation is concluded and the charge-sheet is laid the prosecution produces the statements of the witnesses recorded under section 161 of the code in support of the charge-sheet. ..... the court has to prima facie consider from the averments in the charge-sheet and the statements of witnesses on the record in support thereof whether court could take cognizance of the offence, on that evidence and proceed further with the ..... therefore submitted a report to the inspector-cum-officer-in-charge of the police station alleging that the accused persons are guilty of offence under section 414 of i.p.c. ..... in mind the aforesaid parameters if the charge sheet and the f.i.r. ..... investigation officer spends considerable time to collect the evidence and places the charge-sheet before the court, further action should not be short-circuited by resorting to exercise inherent power to quash the charge-sheet. ..... after investigation, charge sheet was filed against the respondent and five other persons on 21.1.1992. .....

Vishwanath Gupta Vs. State of Uttaranchal

Court : Supreme Court of India

Reported in : 2007CriLJ2296; JT2007(5)SC48; 2007(5)SCALE114; 2007(1)LC619(SC); 2007AIRSCW2184; 2007(1)LawHerald(SC)1403.

..... calls at nainital from lucknow demanding a ransom cannot be said that the offence was committed in nainital and therefore the learned additional sessions judge by his order dated 29.6.2006 held that in view of the provisions of section 181(2) of the code or criminal procedure, the case should be tried in the court located either in district unnao or district lucknow, in the state of uttar pradesh. ..... learned counsel for the petitioner has tried to persuade us with reference to sections 177, 178, 179 and sub-section (2) of section 181 of the code of criminal procedure and submitted that the offence has been completed at unnao/lucknow therefore the district court unnao/lucknow will have jurisdiction to try the offence. ..... we are concerned with sub-section (2) of section 181 of the code of criminal procedure, which reads as under:section 181(2) any offence of kidnapping or abduction of a person may be inquired into or tried by a court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.8. ..... then an application was filed that the nainital court has no jurisdiction to frame the charges as the offence has been committed in the state of uttar pradesh and, therefore, the state of uttaranchal has no territorial jurisdiction. .....