CiteTEXT
...learned Magistrate allowed the prayer on the basis of an oral submission which is one under Section 301 CrPC and, in such a situation, no laxity should be given to him to take the benefit of Section ...of the Assistant Public Prosecutor in charge of the case which is postulated under Section 301 CrPC.17. We have already explained the distinction between Sections 301 ...at the stage of framing of charge under Section 239 of the Code of Criminal Procedure (for short “CrPC”), by expressing the view that the role of the complainant is limited under Section ...
...thereafter discussed the oral pleading by the Public Prosecutor as defined in Section 24 and then considered the provisions of Sections 301 and 302 of CrPC, as well as the objects ...judgment and acquittal.
10. In this respect Section 301 of CrPC is relevant which reads thus:
(1) The Public Prosecutor or Assistant Public...proviso to Sub-Section 8 of Section 24 of CrPC permit the victim to engage an Advocate of his choice to assist the prosecution and that too with the permission of the Court. Section 301(2...
...merits on interpretation of Section 302 of
CrPC and/or Section 301 of the CrPC by relegating the petitioner to
submit an appropriate application before the concerned
Magistrat...Chief
Judicial Magistrate permitting her to represent the case and conduct
the trial through private advocate under section 302 of the crpc. It
appears that the impugned order is passed on the...section 302 of the crpc
and as & when such an application is made, the same be considered
by the learned Magistrate in accordance with law and on merits,
without in anyway being influenced by the...
...after evidence is closed and the Public Prosecutor in charge of the case shall conduct the prosecution. This Court referred to Sections 301, 302(2), 225 CrPC and various other provisions ...CrPC for addition of the charges punishable under Section 302 and other charges under the Penal Code and the Explosives Act read with Section 120-B IPC and also under Section 3(2) of the ...of Criminal Procedure, 1973 (CrPC) was filed by the informant wife for framing an additional charge under Section 406 IPC against the husband and mother-in-law, Renuka Sinha. It was stated in the said...
...always at liberty to take recourse to Section 301 and 302 of the CrPC.
11. Both, Sections 301 and 302 Cr.P.C. cover two di...one under Section
301 CrPC and, in such a situation, no laxity should be given to him to take the benefit of Section 302 CrPC. Additionally...) 1277] , the Court was dealing with the ambit and sweep of Section 301 CrPC and in that context observed that Section 302 CrPC is intended only for the Magist...
...including the one filed by the petitioners under Section 239 of the CrPC, the 2ndrespondent/complainant files an application under Section 301 of the CrPC through a private counsel along with a ...facts are not in dispute. The issue lies in a narrow compass as it requires interpretation of Sections 301 and 302 of the CrPC. They read as follows:
6... WADHWANI2considers the purport of both Sections 301 and 302 of the CrPC. Section 301 applies only to cases where trials are cond...
...:“17. We have already explained the distinction between Sections 301 and 302 CrPC. The role of the informant or the private party is limited during the prosecution of...Court has discussed distinction between Sections 301 and 302 of the Cr.PC. In the said case, the Supreme Court has incorporated the ratio laid down in the case of...Code, 1860 against the husband and in-laws. The petitioner moved an application, marked at exhibit 21, under Section 302 of the Code of Criminal Procedure, 1973 (“the Cr.P.C”) seeking permission to...
...prosecutor. At the same time the provisions of Section 301(2), 302(1) and also the proviso to Section 24(8) of the CrPC makes it appear, that a victim or a private person has a locus to appear ...”………… “may, with the permission of the court, submit written argument”, appearing in Section 301(2) CrPC, the expression “may permit the prosecution to be conducted by any person….” in section 302(1) and...notice or claimed to be heard as a matter of right. Thus, in view of the purpose and intendment of the legislature revealed from the wordings of the provisions of Section 301(2) ...
...sweep of Section 301 CrPC and in that context observed that Section 302 CrPC is intended only for the Magistrate's Court. In J.K. International [.... Hukam Chand (1999) 7 SCC 467 has examined the distinction between the scope of Section 301 and 302 of the Code. It has been held that...Section 301 and Section 302, held as under:“9. The scheme envisaged in the Code of Criminal Procedure indicates that a person who is aggrieved by the offence committed, is...
...Supreme Court not only upheld the order passed by the Bombay High Court, but it even explained the distinction between Sections 301 and 302 Cr.P.C as would be evident from the following observations:...Public Prosecutor in charge of the case which is postulated under Section 301 CrPC.18. We have already explained the distinction between Sections 301 and 302 ...…..”13. Before adverting to the relative merits of the case, it would be necessary to first make note of the application filed by the complainant/respondent under Sections 301 and ...
...submitting written arguments under section 301(2) and assist the public prosecutor through private counsel with permission of the Court if the facts so permit under Section 302 CrPC. Thus...therefore he filed and application under Sections 301 and 302 of Cr.P.C. to permit him to prosecute the respondent. At one stage, the Court permitted the petitioner also to assis...of India includes right to prosecute the accused at his hand, when a person has suffered any loss or injury. Sections 225, 301 and 302 of the Code of Criminal Procedure...
....7. The position remains undisputed that the complainant's lawyer can always assist the Public Prosecutor by submitting the written arguments as is permissible under Sections 253, 301 and 302, CrPC. ...Sec. 302, Cr. P.C Thus, the foundation of Sections 225, 301 and 302, CrPC is a well-reasoned public policy. A balance is struck between public interest and priv...: (2001 Cri LJ 912) has upheld the validity of Sections 225, 301 and 302 wherein the complainant had challenged the validity of the said pro...
...through private counsel with permission of the Court if the facts so permit under Section 302 CrPC. Thus, the foundation of Sections 225, 301 and 302 of the Cod...have been murdered on 15-3-1987, has challenged the constitutional validity of Sections 225, 301 and 302 of the Code of Criminal Procedure. They claim right to conduct t...Prosecutor. The learned trial Judge considering the provisions of Sections 225, 301 and 302, Cr.P.C. upheld the objection that the complainant party can only be allowed to...
...dealing with the ambit and sweep of Section 301 CrPC and in that context observed that Section 302 CrPC is intended only for the Magistrate's Court. In .... 113/2021, ON
THE FILE O JMFC III COURT BELAGAVI. AND TO QUASH THE ORDER
DATED 01/10/2022 REJECTING THE APPLICATION UNDER SECTION
302 OF...order passed by the learned Magistrate is contrary to Section 302 of
- 3 -
Cr.P.C. and Proviso to Section 24(8...
...High Court, but it even explained the distinction between Sections 301 and 302 Cr.P.C. as would be evident from the following observations:
"8. Section 301 CrPC re...
CrPC.
18. We have already explained the distinction between Sections 301 and 302 CrPC. The role of t...necessary to first make note of th o e application filed by the complainant/respondent under Secti t ons 301 and 302 Cr.P.C., which reads thus:
"Application...
...
assist the public prosecutor through private counsel with permission of the Court if the facts so permit under Section 302 CrPC. Thus, the foundation ...subject to Section 301 and
302 Cr.P.C. Petitioner who is the father of the complainant filed an application to permit him to prosecute the respondent, in a case which has...by the son of the petitioner Ramandeep Singh. At one stage, the Court permitted Shri Ramandeep Singh to assist the prosecutor in view of the provisions under Sections 301 and 302 Cr.P.C. Ramandeep...
...conclusion arrived by the Court. We may note with profit that in Shiv Kumar (supra), the Court was dealing with the ambit and sweep of Section 301 CrPC and in that context observed that Section ...the Court of the Magistrate rejecting an application filed under Section 302(2) of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the CrPC, for brevity). ...Public Prosecutor concerned and therefore the petitioner had filed an application under section 302 of the crpc, seeking permission to conduct the case. The trial court having rejected the application...
...closed and the Public Prosecutor in-charge of the case shall conduct the prosecution. This Court referred to Sections 301, 302(2),
225 CrPC and various other provisi...
Greater Bombay rejecting the application filed by the Central Bureau of Investigation (for short "CBI") under Section 216 CrPC for addition of the charges punishable under Section ...), Gurgaon, statements recorded under Section
161 CrPC and letter dated 16.11.2013 from Women Cell, D.C.P. (East), Gurgaon and came to hold that in view of the specific...
...conduct the prosecution. This Court referred to Section 301, 302 (2), 225 CrPC and various other provisions and came to hold as follows:-"13. From the scheme of the Co...recording of evidence, the prosecutrix who was assisting the prosecution in terms of Section 301 of the Code of Criminal Procedure (CrPC), moved an application for taking documents and ar...consider the scope of Section 301, CrPC while erroneously allowing the application for taking documents on record. Further, the documents which are brought on record are forged and ulterior motive of the...
..., 302(2), 225 CrPC and various other provisions and came to hold as follows:-
"13. From the scheme of the Code the legislative intention is manifestly clear that...of charge under section 216 of Cr.P.C. for the offence under section 302 of IPC is materially erred by the learned Trial Court and therefore, present Revision Application be allowed...minutely and elaborately and thereafter reached to conclusion that offence under section 302 of ICP is prima facie made out and therefore, learned Sessions Judge has added charge of offence under...