CiteTEXT
...offence, there is sufficient ground for proceeding, the Magistrate has to issue process under Section 204(1) CrPC for attendance of the accused.4. In the instant case, we..., this Court has held that exercise under Section 204 CrPC of summoning an accused in a criminal case is a serious matter and that the process of criminal law cannot be set into motion in a mechanical...Section 190(1)(a) CrPC followed by Section 204 CrPC should reflect that the Magistrate has applied his mind to the facts and the statements and he is satisfied that there is ground for proceeding...
...following few facts: the Magistrate by a detailed order dated 9-2-2011 rejected the closure report submitted by CBI and took cognizance under Section 190 CrPC and issued process under Section 204 CrPC to....58. The petitioner is aggrieved by the order dated 9-2-2011 of the Magistrate taking cognizance under Section 190 CrPC and issuing process under Section 204 CrPC against her and her...?59. Sub-section (1) of Section 204 CrPC under which the Magistrate issued the process against the petitioner is extracted hereinbelow:“204. Issue of process.—(...
...offence and not the offender. After taking cognizance of the offence, the Magistrate under Section 204 CrPC is empowered to issue process to the accused. At the stage of issuing process, it is for the...-sheet”. Relying on Section 319 CrPC, the High Court held that such persons could be summoned by the court under Section 319 only after the evidence has been recorded. That order is challenged in this...190 CrPC and there was no question of referring to Section 319 CrPC at the stage. As against this, learned Senior Counsel, Mr R.K Jain, appearing for Respondent 2 supported the impugned order and...
...under Section 203/204
CrPC, therefore direction may be issued to the Court below for
taking decision under provisions of Section 203/204 CrPC.
4. Learned AGA has no objection to the aforesaid...prayer.
5. Accordingly, this application is disposed of with a direction
to the Trial Court to take decision in accordance under the
provisions of Section 203/204 CrPC, expeditiously, strictly...for the applicant submitted that the
application under Section 138 of N.I. Act is pending. Despite
recording of the statements under Section 200 and 202 CrPC no
order is being passed by the trial Court...
...the provisions of Sections 156(3), 173(8), 190, 200 and 204 CrPC had held that after taking cognizance of an incident on the basis of a police report and after appearance of the accused, a Judicial...Code of Criminal Procedure, hereinafter referred to as “CrPC”, and charge has been framed against some of the accused on the basis thereof and the other co-accused have been discharged, the...Magistrate can direct the investigating authorities to conduct a reinvestigation or even further investigation under sub-section (8) of Section 173 CrPC.2. In the instant case, on...
....***22. The steps taken by the Magistrate under Section 190(1)(a) CrPC followed by Section 204 CrPC should reflect that the Magis..., there is ground for proceeding against the accused under Section 204 CrPC, by issuing process for appearance. The application of mind is best demonstrated by disclosure of mind on the satisfaction. If...there is no such indication in a case where the Magistrate proceeds under Sections 190/204 CrPC, the High Court under Section 482 CrPC is bound to invoke its inherent power in order to prevent abuse...
...244(1) CrPC is completed or any stage prior to that. Such stages would be under Section 200 CrPC to Section 204 CrPC. Under Section 200, after taking cognizance, the Magistrate examines the complainant...there is sufficient ground for proceeding, he can issue the process under Section 204 CrPC. He can issue summons for the attendance of the accused and in a warrant case, he may issue a warrant, or if he...thinks fit, a summons, for securing the attendance of the accused. Sub-sections (2), (3), (4) and (5) of Section 204 CrPC are not relevant for our purpose. It is in fact here, that the previous stage...
...evidence issued summons on the accused under Section 204 CrPC. Respondents 1, 2 and 3-accused then filed application under Section 201 CrPC for return of complaint for want of jurisdiction. They alleged...proceeding and after issuance of summons under Section 204 CrPC, has no jurisdiction to recall or review the order by exercising power under Section 201 CrPC. It is further contended that the High Court failed...under Section 204 CrPC has the jurisdiction to recall or review the order by exercising his power under Section 201 CrPC? and7.2 (ii) Whether the petition under Section 138...
...120a, 120b, 405, 406, 415, 420, 463, 465 & 468 ipc, learned Metropolitan Magistrate took cognizance of the complaint and issued process under Section 204 CrPC against the accused persons for...the order issuing summons after hearing the parties. The aforesaid order to recall summons issued under Section 204 CrPC was challenged in High Court and the High Court allowed the revision petition...Section 482 of Code.13. From the above, it is obvious that the Supreme Court has held that once a process under Section 204 CrPC has been issued, the Trial Court cannot revert back to the...
...there are sufficient grounds for proceeding against the accused and on such satisfaction, the Magistrate may direct for issuance of process as contemplated under Section 204 CrPC. The purpose of the...or not under Section 204 CrPC or whether the complaint should be dismissed by resorting to Section 203 CrPC on the footing that there is no sufficient ground for proceeding on the basis of the...for proceeding, the Magistrate has to issue process under Section 204(1) CrPC for attendance of the accused.”29. Reiterating the mandatory requirement...
...passed under Section 204 CrPC, either by the Sessions Judge or by the High Court in exercise of its revisional jurisdiction under Section 397 CrPC. On the other hand in the decision in Rajendra Kumar...passed under Section 204 CrPC either by the Sessions Judge or the High Court, was never challenged and the decision that such an order is revisable under Section 397 CrPC therefore, continue to remain...criminal court to review its own order passed under Section 204 CrPC was inherent in the absence of any specific provision in the Code of Criminal Procedure was referred for consideration by a larger...
....5. After registering the complaint case, the learned Magistrate recorded statements under Sections 200 and 202 CrPC and issued summons against the accused under Section 204 CrPC. Two...Magistrate, Ghaziabad, Uttar Pradesh under Section 156(3) CrPC against the appellant herein and three other accused who are not parties before us, invoking Sections 34, 379, 411, 417, 418, 420, 467....6. Then the appellant moved the High Court under Section 482 CrPC to quash the proceedings against him. It was the case of the appellant that he came to know about the criminal complaint only when...
...satisfied that there are sufficient grounds to proceed, he can proceed to issue process under Section 204 CrPC. Section 202 CrPC contemplates “postponement of issue of process”. It provides that the...respondent filed the complaint under Section 200 CrPC against the first appellant and his mother Smt H.R Leelavathi (A-2) alleging that they have committed the offences punishable under Sections 120-B, 499...filed under Section 200 CrPC is impermissible in law and whether the order allowing the amendment suffers from serious infirmity.8. Section 200 CrPC provides for...
...witness under Section 204 CrPC, it could not have reviewed its order and declined to issue fresh process to secure his presence. He submitted that Section 362 CrPC prohibited such order on the part...Section 204 CrPC as well as Section 362 CrPC are wholly misconceived. The order impugned, by no stretch of imagination, can amount to review of the order dated 22.09.2017. The judgment of the Hon'ble Apex...on the accused under Section 204 CrPC and thereafter, recalled its order on an application filed by accused persons under Section 201 CrPC. In those circumstances, the Hon'ble Apex Court of India held...
...Section 203 of CrPC, the complainant, who is a practicing Advocate, has come up before this Court, seeking directions for issuance of process under Section 204 CrPC, by setting aside the impugned...further under Section 204 CrPC and accordingly dismissed the complaint under Section 203 CrPC.11. Feeling aggrieved, the complainant challenged the said order by filing a Criminal Revision...Constitution of India read with Section 482 CrPC, seeking setting aside of both the impugned orders, with directions to issue process against the accused, under Section 204 CrPC, seeking his...
...witness under Section 204 CrPC, it could not have reviewed its order and declined to issue fresh process to secure his presence. He submitted that Section 362 CrPC prohibited such order on the part...Section 204 CrPC as well as Section 362 CrPC are wholly misconceived. The order impugned, by no stretch of imagination, can amount to review of the order dated 22.09.2017. The judgment of the Hon'ble Apex...on the accused under Section 204 CrPC and thereafter, recalled its order on an application filed by accused persons under Section 201 CrPC. In those circumstances, the Hon'ble Apex Court of India held...
...Sections 190, 200 and 204 CrPC and that after he decides to take cognizance under the provisions of Chapter XIV, he would not be entitled in law to order any investigation under Section 156(3), and..., Sections 156, 190, 200, 202 and 204 CrPC clearly outline the powers of the Magistrate and the courses open for him to chart in the matter of directing investigation, taking of cognizance, framing of...case on 10-9-2013. Subsequent thereto, the statements of the respondents were recorded under Section 313 CrPC on 3-12-2013, whereafter an application was filed at the culminating stages of the trial by...
.... Learned counsel for the applicant has submitted that the case
was listed for passing of order under Section 203 and 204 CrPC
and also requested to dispose of the case with a direction to the
Court below...
...filed by the
applicant is pending at the stage of Section 204 CrPC since
12.12.2013 on one pretext or the other, thus the delay in
issuance of the process and the disposal of the case is
causing...
...taken by the Magistrate under Section 190(1)(a) CrPC followed by Section 204 CrPC should reflect that the Magistrate has applied his mind to the facts and the statements and..., there is ground for proceeding against the accused under Section 204 CrPC, by issuing process for appearance. The application of mind is best demonstrated by disclosure or mind on the satisfaction. If...there is no such indication in a case where the Magistrate proceeds under Sections 190/204 CrPC, the High Court under Section 482 CrPC is bound to invoke its inherent power...