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...attracted. They are different offences and transactions. Reliance has been placed upon Section 212(2) CrPC so as to contend that the period of charge for the offence of misappropriation shall not exceed one...(2013) 6 SCC 348. He has also referred to Section 212 CrPC. FIR relating to Chaibasa is for same transactions though for different financial years but for the bar u...tenure as District Collector was committed. Thus, there ought to be one trial only. Section 212 CrPC does not cover those facts where the offence of criminal breach of trust has been clubbed with the...
...per Section 212 CrPC, the charge shall contain such particulars as to the time and place of the alleged offence and the person against whom or the thing in respect of which, the offence was committed...Magistrate fixed the matter for enquiry under Section 202 CrPC on 8-10-2010. An employee of the appellant Company by name P.B. Dinesh was examined on 8-10-2010. Considering the averments in the complaint...-10-2010, the respondents filed petition under Section 482 CrPC before the High Court for quashing the criminal proceedings. Insofar as compliance of the procedure in taking cognizance of the offences...
...of trust was an offence and therefore, accused could not have been tried at or a trial for any number of item more than three. However, Section 212(2), CrPC is a special provision relating to...details are given, charge in respect of more than three items may not be a failure of injustice, in view of Section 212(2), CrPC.
3. Since appellate Court has not given the due...importance to Section 212(2),CrPC and accused does not claim prejudice, appellate Court is required to hear the merits. In case accused relies on Section 219, CrPC appellate Court can consider the question...
....
10. The learned counsel would further submit that in the charges also there is no specific date and place of the occurrence was mentioned and also not contemplated under Section 212 Crpc, therefor...framed as contemplated under Section 212 Crpc, the charges itself clearly stated that on 15.01.2020 at 6.30 hrs to 17.01.2020 at 6.30 hrs the appellant called the victim to come to his house over phone and...witness were put to appellant by questioning under Section 313 Crpc, wherein the accused denied his complicity in the crime. On the side of defence, no oral or documentary evidence were...
...evident that the date, time and place of occurrence (in the house of Sadananda Ghosh) have been clearly mentioned in the charge as required under section 212 CrPC. Therefore omission to state the relevant.... Defence version in brief as is evident from the trend of cross-examination of the prosecution witnesses as well as from the examination of the accused under section 313 CrPC is innocence, denial of the...impact. 8. Per contra, learned advocate appearing for the State submits that the evidence of the victim is in conformity with her statement under section 161 CrPC and there is no...
.... Referring to section 212 of the CrPC, the learned trial court noted that Section 212 CrPC provides that (1) The charge shall contain such particulars as to the time and place of the alleged offence, and...CrPC provides that - when manner of committing offence must be stated. When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient.... The victim (PW-7) had not disclosed the same in her statement under section 161 CrPC either, which has been recorded in paragraph '2' of the case diary. The victim (PW-7) was confronted with her...
...be made subject to production of defence witnesses under section 212 old CrPC. In substance it was held in this case that the provision under section 208 onwards of the old CrPC regarding commitment...M. Wahajuddin, J.:— The present petition under section 482 CrPC is directed against the order dated 19-8-1981 of the Second Additional Sessions Judge in S.T No. 133 of 1980. Heard counsel...the cross-case was pending before the Sessions Court the Magistrate committed the present case also to the court of Sessions under the provision of section 323 CrPC. The prosecution side in this case...
...Sections 376, 377, 420, 114, 212, 201, 417 read with Sections 415, 506(1) and 120-B IPC and cognizance was taken under Section 190 CrPC. It was further stated in the application that cognizance of the...punishable under Sections 376, 377, 420, 114, 212, 201, 417 read with Sections 415, 506(1), 120-B IPC. The same was taken cognizance under Section 190 CrPC by the Hon'ble Court except Section 212....Under the above circumstances, it is submitted to take cognizance of Section 212 IPC against A-2 Nithya Bhakthananda under Section 190(2) CrPC in the interest...
...CrPC) is directed against the judgment and order dated 4.10.2005 passed by the Principal Judge, Family Court, Dehradun in Criminal Case No. 212/2002, Smt. Birkha Devi v. Prahalad...dismissed. Judgment and order dated 4.10.2005 passed by the Principal Judge, Family Court, Dehradun in Criminal Case No. 212/2002, Smt. Birkha Devi v. Prahalad Singh u/s 127 CrPC is hereby...Singh u/s 127 CrPC, whereby the learned court below has enhanced the maintenance amount and directed the revisionist to pay Rs. 1000/- per month to respondent no. 2 and Rs. 500/- per month to respondent...
...IPC it is essential to prove dominion over the property which, in the facts of the present case, was not proved.13. Also relying upon Section 212(2) CrPC Ms. Sinha argues that the...charge exceeds the validity period of 1 year as provided by law and therefore the charge was framed in violation of Section 212(2) CrPC.14. Further relying upon Sections 191 and 192A of the...also submits that no sanction was taken as required under law under Section 197 CrPC to proceed against the appellant in his capacity as a public servant. In this connection she relies upon an...
...anticipatory bail application under Section 438 CrPC in connection with FIR No. 212/2021 registered at Police Station Gida, District Barmer for offence under Section 420 IPC.
3. Learned counsel...Court is of the view that the petitioners deserves grant of anticipatory bail.
6. Accordingly, this bail application under Section 438 CrPC is allowed and it is ordered that in the...event of arrest of petitioners (1) Pushpa W/o Dama Ram and (2) Dama Ram S/o Rekha Ram in connection with FIR No. 212/2021 registered at Police Station Gida, District Barmer, they shall be released on...
.... The present applicant has invoked the inherent power of this Court under Section 482 CrPC seeking time bound expeditious disposal of the application/Case No. 212 of 2020 (Smt. Gulzare Zehra...Vs. Mohd. Arif Usmani) filed on behalf of the applicant under Section 125 (3) CrPC pending before Additional Principal Judge, Family Court, Moradabad.
3. It is submitted...that the present applicant has moved an application for maintenance under Section 125 CrPC, which was allowed vide order dated 24.7.2018. Later on, the applicant has moved an application dated 4.3.2020...
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[4.0] The present petitioner - accused No.1 filed application Exh.94 under Section 212 of the CrPC requesting to alter the charge and raised the grievance that the charge is not...charge, substantial compliance of section 212 of the CrPC being made and even in the charge, how offence is committed and under which sections alleged act is punishable is clearly mentioned. Even...Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner has prayed to quash and set aside the impugned order dated...
..., under Section 128 CrPC 'Kuni Maharana Versus Yogesh Kumar Gautam, pending before him within stipulated time framed, in the interest of justice...petitioner had filed an application under section 125 CrPC for grant of maintenance which had been allowed vide order dated 10.01.2022 and the respondent no. 2 was directed to pay Rs.10,000/ per...is still pending before this court, however, no stay order has been passed therein and thereafter the petitioner has filed an application under section 128 CrPC on 02.03.2022, however, no money, in...
...means of this application under Section 482 CrPC, the
applicants have prayed for quashing of the charge-sheet arising
out of Case Crime No.212/2015, under Sections 323, 504, 506
IPC and Section 3(1)(X...applicants expeditiously in accordance with law, to which,
learned AGA has no objection.
In view of above, the application under Section 482 CrPC is
finally disposed of with a direction that in case...
...PRESENT HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr.CM Verma for the petitioner(s) Ms Meenakshi Pareek PP for the State This bail application has been filed under Section 439 CrPC....
Brief facts of the case are that an FIR No.212/2015 was lodged at Police Station Bhatta Basti, Jaipur for the offence under Sections 420,406,467,468,471...application is allowed and it is directed that accused petitioner(s) Ramesh Kumar son of Suwa Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she/they...
..., I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, bail application under section 439 CrPC is allowed. It is ordered that petitioner Hansraj may be released on bail in...FIR No.212/2013, registered with Police Station Lakheri, Bundi, provided he furnishes a personal bond in the sum of Rs.50,000/- together with one surety in the like amount each to the satisfaction of...
...may 2otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, bail application under section 439 CrPC...is allowed. It is ordered that petitioner Kiran may be released on bail in FIR No.212/2011, registered with Police Station - Jhalrapatan, Jhalawar, provided he/she furnishes a personal bond in the sum...
...Gautam Chourdiya, J.:— The applicants have preferred this first bail application under Section 439 of CrPC, as they have been arrested in connection with Crime No. 212/2020, registered at...
...learned A.G.A. for the State
and perused the record.
This appeal under Section 374(2) CrPC against the judgment and order
dated 25.11.1991 passed by the District...& Sessions Judge, Sultanpur in
Sessions Trial No.212 of 1989 (State Vs. Jameel and others) under
Sections 302/34, 323/34 IPC...