Court : Mumbai
Reported in : (1978)80BOMLR727; 1978MhLJ817
..... the public prosecutor appearing for the state raised a point that every application under section 482 of the code of criminal procedure should be placed for hearing before the division bench and not before single judge and secondly, because the office informed that all applications under section 561a of 1898 code as well under section 482 of 1973 code were being placed for orders before division bench and not before a single judge. ..... in the first case the division bench was called upon to consider as to whether the application filed under section 561a of the code of criminal procedure for cancellation of bail granted by the chief presidency magistrate in respect of bailable offence should be placed for decision, before the single judge or is required to be decided by the division ..... turning to rule 2ii, which deals with the jurisdiction of the single judges with regard to criminal matters, we find that clause (a) to (e) confer specific jurisdiction upon single judge's courts and particularly clause (e) deals with the applications for leave to appeal against acquittal wherein the offence with which the accused was charged is one punishable on conviction with a sentence of fine only or with a sentence of imprisonment not exceeding two ..... clause (a) confers power to hear and decide appeals against acquittals wherein the offence with which the accused was charged is one punishable on conviction with a sentence of fine only or with a sentence of imprisonment not exceeding two years or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All508; 1965CriLJ455
..... in his evidence before the magistrate having referred to the information before the police, there was a complaint before the magistrate within the meaning of the word 'complaint' as given in section 4 of the code of criminal procedure; but aving considered more carefully the different sections of the code which bear upon the question, and by.the light of the various cases which have been quoted before usi 1 am of opinion that the information before the police could not ..... argument is that it is possible to give a wider meaning to the definition of 'complaint' as contained in clause (h) of sub-section (1) of section 4 of the code of criminal procedure, because the opening words of sub-section (1) of section 4, criminal p. c. ..... word 'complaint' has been defined in clause (h) of sub-section (1) of section 4 of the code of criminal procedure as follows :--''4. ..... air 1958 andh-pra 392, in which a police report in a non-cognizable case was treated as a complaint within the meaning of section 4 (1) (h) of the code of criminal procedure, and the following passage was quoted with approval :--''the report of the police officer in this case was a 'complaint' as defined in the criminal p. c. ..... they had been charged under that section. ..... which are that when a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be con ..... trial magistrate came to the conclusion that these charges were not established. ..... of the minor offence although he is not charged with it. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(1)ALT684; 1994(1)ALT(Cri)567; 1994CriLJ2016
..... the learned counsel has not invited our attention to any particular provision in the criminal procedure code which according to him is violative of article 21 of the constitution. ..... society and in contravention of the principles of natural justice and allow, by his conduct, the arrested persons to be kept behind the bars, for months together and if the courts without being conscious of the mandatory provisions of section 167(2), mechanically authorise repeated detention and also do not show any diligence in completing the trial of the case speedily, the result would be that prisoners, especially those coming from the society of have notes ..... , unless the accused is produced before him observed the full bench, 'the change brought about in the new code by the incorporation of proviso (b) to section 167(2) obligating that no magistrate shall authorise detention in any custody under section 167 unless the accused is produced before him, in our view, does not automatically empower the magistrate to release the accused on bail. ..... such being the legal position, we cannot accept the contention that in every case where a person is incarcerated during the pre-trial stage beyond 90 days and if no charge-sheet is filed, the f.i.r. ..... they are charged for offences under section s 379, 411, 385, 506 and 341, i.p.c. ..... the accused charged under this section whose particulars are mentioned hereunder have completed more than one year and in some cases more than two years. 14. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2425; 1997(1)WLN605
..... in the instant case none of the circumstances mentioned in section 299(1) of the criminal procedure code were present when the learned additional chief judicial magistrate proceeded to hear the arguments on charge without recording the statement of sumer singh pw-1.1, therefore, hold that the evidence of sumer singh pw-1 recorded before the appearance of the accused-petitioner bal kishan was not admissible against him in view of the express provisions' of sections 299, 273 and 244 of the criminal procedure code. ..... case is, therefore, remanded to the learned additional chief judicial magistrate, shahapura with a direction that he will give an opportunity to the prosecution to produce its evidence under section 244 of the criminal procedure code and after recording statements of the witness or witnesses who may be produced by the prosecution, the learned additional chief judicial magistrate shall hear the parties about framing of the charge and thereafter pass order according to law.13. ..... two provisions namely, section 273 and section 244 of the criminal procedure code lay down the general principle that the evidence on which the prosecution proposes to rely for the purpose of framing of charge as well as for recording a conviction must be recorded in presence of the accused person after he has appeared in court and in exceptional circumstances only the evidence recorded elsewhere or in some other mode may be permitted to be used against the accused if expressly provided by the code. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All492; 1958CriLJ834
..... the contention of learned counsel for the applicants that section 350 of the code of criminal procedure is a general provision prescribing the procedure for the trial of all kinds of cases by magistrates and must, therefore, be held to be a part of the procedure for the trial of warrant cases by magistrates cannot be accepted.this argument can be supported by learned counsel only on the basis or the language of section 251 of the code of cr. p. c. ..... 'apart from this a sessions trial starts after a charge has been framed against an accused person with recording of his plea and in the trial for an offence for which an accused was likely to be sentenced to a long term of imprisonment it was highly undesirable that heshould be called upon to plead guilty or not guilty when no evidence has been recorded and no charge has been framed.the accused would have been highly prejudiced if he was called upon ..... to plead to a charge which was not supported by any recorded evidence. .....
Tag this Judgment!Court : Chennai
Reported in : 1998CriLJ1723; I(1999)DMC275
..... the word 'living in adultery' used in sub-section (4) of section 488, criminal procedure code and section 13 of act xxv of 1955, are merely an indication of the principle that occasional lapses from virtue are not a sufficient reason either for refusing maintenance under section 488 of the code of criminal procedure, or for granting divorce under act xxv of 1955, as distinguished ..... , learned counsel for the respondent raised a preliminary objection that this petition filed under section 482 of the code of criminal procedure, cannot be entertained in view of section 397(3) of the code of criminal procedure and the party cannot circumvent the special provision by invoking section 482 of the code of criminal procedure. ..... have committed a serious error of law in placing reliance on ex.r4, a deed executed by the petitioner on 9-1-1971, which is in tamil, (a translated version of english has been furnished to me) in rejecting the application for maintenance under section 125 of the code of criminal procedure as the said document has no legal sanction and could not come in the way of one's maintenance. ..... the last contention of the learned counsel for the petitioner was that the courts below should not have placed reliance on the ex parte decree passed by the subordinate judge of mayuram, which was granted on ..... 1973, the powers of revision conferred by sub-section (1) of section 597 shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial ..... clj 211. .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR1454
..... inquest panchanama (ex.20), attachment of clothes (ex.22 and 27) while the proceedings initiated by panchashila under section 125(3) of code of criminal procedure and the application for enhancement under section 127 of code of criminal procedure, the copies of which were also not disputed at ex. 52 to 67. 6. ..... is also seen that she has also filed application under section 127 of code of criminal procedure for enhancement of the maintenance amount i.e. ..... is further seen that the appellant failed to pay the arrears of the maintenance amount, and the recovery proceedings initiated under section 125(3) of code of criminal procedure, and criminal application nos. ..... 286/90 under section 125 of code of criminal procedure, claiming maintenance from the accused for herself and three children ..... completing the investigation pw 5 parasram bhasu rathod submitted charge-sheet before the judicial magistrate first class, umarkhed, district yavatmal for the offence punishable under section 302 of the indian penal code on 6.6.1998. 3. ..... judicial magistrate first class committed the case to the court of the additional sessions judge, pusad, who accordingly framed the charge against the accused for the offence punishable under section 302 of the indian penal code on 20.12.1999 at ex. 4. ..... the charge was read over and explained to the accused, however, he pleaded not guilty to the charge. ..... 5 is psi parasram bhasu rathod, who registered crime and after completing the investigation, submitted charge-sheet. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT343
..... of late, petitioner also challenged the same in a proceeding under section 482 of the code of criminal procedure and without success and later took up the matter before the supreme court which was also dismissed. ..... 2290 of 1995 before this court under section 482 of the code of criminal procedure challenging the order of the sessions judge. ..... in our view, the above reasonings cannot be sustained since those grounds were earlier raised for quashing the criminal proceedings invoking section 482 of the code of criminal procedure. ..... 513 of 1995 which this refused to do in proceeding under section 482 of the code of criminal procedure. ..... 513 of 1995 on the file of the chief judicial magistrate, ernakulam which was refused to be quashed under section 482 of the code of criminal procedure.8. ..... it is well established that charge under section 120b can be proved by direct evidence or by circumstantial evidence. ..... in any view of the matter, as we have already indicated, contentions raised by the respondents have already been rejected by this court which was upheld by the apex court.11. ..... whether they are guilty of not of the offence charged is a matter to be established in a criminal trial'.cbi later filed its final report on 24.7.1995 before the chief judicial magistrate which was numbered as c.c. no. ..... offences charged against the other accused are also almost identical.5. ..... charges levelled against the respondent in w.a. no. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal170
..... the present appeal was filed under section 417(3) of the code of criminal procedure. ..... they have been made appealable to specified authorities and section 29(3) provides that such appeals will be dealt with according to the procedure applicable to anpeals from orders under the code of civil procedure when the trial is held in accordance with the procedure prescribed in the criminal procedure code hearing of appeal under the provisions of the civil procedure code may appear somewhat incongruous. ..... roy contended that the chief judge, small causes court, calcutta, or for the matter of that the transferee judge of the court is not competent to hear appeals from orders af the rent controller made under section 30 or 31 of the act which are passed in proceedings of a quasi criminal nature to which the provi-tions of the criminal procedure code are attracted, that as such the order appealed against is without jurisdiction and is liable to be set aside.7. ..... but considering the fact that in the matter of the procedure for appeals there is hardly any difference between the provisions of the civil procedure code and the criminal procedure code, the apparent incongruity ismore in form than in content. ..... the argument in support of the contention is that the appellate authority undersection 29 of the act is not competent to hear appeals (sic from orders? ..... the soundness of this contention requires to be tested.15. ..... the argument in support of the contention is as follows:13. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1997)DMC533
..... insofar as section 32 is concerned, sub-section (1) expressly refers to offences mentioned in schedule-ill or declared by the state government to be cognizable by a gram panchayat, but sub-section (2) of the said section refers only to an application for maintenance under section 125 of the code of criminal procedure, 1973. ..... the contention urged on behalf of the petitioner in this case is that after coming into force of the said act, no proceeding can be filed before a judicial magistrate under section 125 of the criminal procedure code and even if any proceeding has been pending before such a judicial magistrate, it has to be transferred to the concerned panchayati court. ..... in such circumstances, there is no substance in the contention that a proceeding pending before a judicial magistrate under section 125 of the code of criminal procedure shall be transferred to a gram panchayat on the passing of act 4 of 1994.8. ..... in order to appreciate the contentions, the relevant sections are set out as hereunder :'32(1) offences mentioned in schedule-iii or declared by the state gov- ernment to be cognizable by a gram panchayat, if committed within the jurisdiction of a gram panchayat, and abetment of an attempt to commit such offences shall be cognizable by ..... in such circumstances, there is no warrant to accept the contention of the petitioner that judicial magistrate has no jurisdic- tion and that pending proceedings should be transferred to the gram panchayat.18. .....
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