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...subsequently preferred an application under Section 258, Code of Criminal Procedure, 18602, seeking stoppage of proceedings in terms of the moratorium running a...of proceedings before the Judicial Magistrate.
7. The Judicial Magistrate partly allowed the above application and held that the complaint...Judicial Magistrate observed that as per the scheme of Section 14, IBC the proceedings for offences punishable under Section 138, NI Act is withheld by order of moratorium only for corporate debtors and not...
...impugned orders, it is explicitly clear that though prayer has also been made to quash proceedings but in fact this petition u/S. 482 CrPC assails the orders declining to invoke Sec. 258 CrPC for stoppage ...complaint of the respondent No. 2 Insecticide Inspector for violation of provisions of the Act. In my considered view, power u/S. 258 CrPC to stop the proceedings can be...from a plain reading of Section 258 CrPC it is patently clear that power to stop proceedings can only be exercised in any summons case instituted otherwise than upon complaint. In other words...
...proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of ac..., which in the considered view of this court, is not a justifiable ground to order stoppage of proceedings in exercise of power under section 258, CrPC for the reasons that reading ...initiation of coercive proceedings, his presence could not be secured is no reason to invoke section 258 of the CrPC. From the proceedings sheet, it does not appear that the learned Magistrate had...
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9. The petitioner filed an application under Section 258 of the CrPC for stoppage of proceedings before the learned CMM, citing the prosecution's weak and doubtful...submitted that the learned ASJ erred in not providing any reason for rejecting the well-founded findings recorded by the learned CMM while stopping the proceedings under Section 258 of the CrPC...discretion under Section 258 of the CrPC to stop the proceedings, and the learned ASJ's interference was unwarranted and legally unsustainable.
22. In view of the...
...be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronou...Piyar P.S Case No. 24 of 2008 dated 29.3.2008 by which the application preferred under Section 258 of the CrPC to stop the proceedings as against the petitioners has been dismissed.2...Section 258 of the CrPC is discretionary in nature and if the court was not satisfied that it is a case where the proceedings should be stopped, no illegality can be found with the impugned order dated 5...
...putting the parties on terms while granting an adjournment or postponing of proceedings. This power to impose costs is rarely exercised by the courts. Section 258, in Chapter XX CrPC, on trial of summons...and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, to pronounce a judgment of acquittal, and in any other case, release the accused, having...oppression or harassment in any trial, inquiry or proceedings. In appropriate cases, the High Courts have exercised their jurisdiction under Section 482 CrPC for quashing of first information report and...
...motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.10. Section 258 CrPC provides power to stop proceedings in certain cases. In any summons case institu...respect to the powers of the court u/s 258 CrPC with regard to summons cases laid down the law as follows: -“One of the normal rules in summons cases is that once trial started, it...Section 258 CrPC are not applicable in this case and the contentions raised on behalf of revisionist in this regard have no force.13. So far as the question of not examining the...
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stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of a...cheque amount and also an additional amount of Rs.50,000/- towards compensation. Learned Magistrate ought to have directed the accused to accept the said cheques and stop proceedings under Section 258...;
"258. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous...
...proceedings are only an inquiry. After the framing of the charge if the accused pleads not guilty, the Magistrate is required to proceed with the trial in the manner provided in Sections 254 to 258 to...319 CrPC acts as an empowering provision enabling the court/Magistrate to initiate proceedings against such other persons. The purpose of Section 319 CrPC is to do complete justice and to ensure that...Magistrate or court for the purpose of Section 319 CrPC?81. An inquiry can be conducted by the Magistrate or court at any stage during the proceedings before the court...
...is different from compounding by consent of parties. Thus, Section 258 CrPC which enables proceedings to be stopped in a summons case, even though strictly speaking is not applicable to complaint cases...normally tried summarily as per provisions of summary trial under CrPC but with such variation as may be appropriate to proceedings under Chapter XVII of the Act. Thus read, principle of Section ...specified date, the court is entitled to close the proceedings in exercise of its powers under Section 143 of the Act read with Section 258 CrPC. As already observed, normal rule for trial of case...
...to examine a person present at “any stage” of “any enquiry”, or “trial”, or “any other proceedings” under CrPC, or to summon any person as a witness, or to recall and re-examine any person who has...311 CrPC, wherein the court may exercise its discretionary authority at any stage of the enquiry, trial or other proceedings, to summon any person as a witness though not yet summoned as a witness...Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), observing that examination of the witnesses sought to be examined by the appellant-accused was in fact unnecessary, and would in no way assist...
...of Criminal Procedure (CrPC) or the extraordinary jurisdiction under Article 226 of the Constitution for quashment of the criminal proceedings; and should the High Court on the foundation that the...Section 482 CrPC quash the proceedings against accused A. Ravishankar Prasad and A. Manohar Prasad in the face of the aforesaid allegations? In the instant case, wrong application of the ratio of the said...aforesaid principles, we are disposed to think that the High Court has been erroneously guided by the ambit and sweep of power under Section 482 CrPC for quashing the proceedings. It has absolutely...
...No. 425 of 2009, the trial court disallowed the applications of the respondents filed under Section 311 of the Code of Criminal Procedure (CrPC), to re-examine PW 9, the informant. The High Court...Court to pass the impugned order, which according to the learned counsel is on the face of it, not sustainable under Section 311 CrPC.11. The learned counsel further...enormous powers are vested in the court under Section 311 CrPC, in the matter of examination or re-examination of a witness in order to arrive at a just conclusion and the High Court having exercised...
...stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witness has been recorded, pronounce a judgment of acquittal, and in any...repelled his contention on that score as per an order passed in Crl. OP No. 2189 of 1993. Thereafter the appellant moved the trial court for discharging him from proceedings for which he raised two other...the aforesaid order of discharge. A Single Judge of the High Court reversed the order and restored the criminal proceedings to reach their logical culmination in accordance with law. It is the said...
...of the appellant by coercive means, including the issuance of non-bailable warrants or initiation of proceedings for declaring the appellant a proclaimed offender by recourse to Part C of Chapter VI ...the Code of Criminal Procedure, 1973 (“CrPC”, for short) on the one hand, and those where the appellant may incidentally and unwittingly be absent when his appeal is called on for hearing. The...malaise which we are perturbed about is the wilful withdrawal of the convict from the appellate proceedings initiated by him after he has succeeded in gaining his enlargement on bail or exemption from...
...the principles relating to exercise of jurisdiction under Section 482 CrPC to quash complaints and criminal proceedings as under:“12. The principles relating to...that the amount was utilised by the appellants in some other work.3. The appellants filed an application under Section 227 CrPC before the Court of the Sub-Divisional...directed the appellants to remain present in the court on 8-1-2003 for framing of charges under Sections 406/120-B IPC. The appellants filed a petition under Section 482 CrPC before the Patna High Court...
...“CrPC”), seeking quashing of the proceedings pending against him in Special Case No. 29 of 1987 before the Special Judge, Muzaffarpur for allegedly committing offences under Sections 161 (before its...filed yet another petition under Section 482 CrPC, giving rise to the present appeal, seeking quashing of the entire criminal proceedings pending against him mainly on the ground that reinvestigation in...reinvestigation of the case, when the case was transferred from Muzaffarpur to Patna.6. On 7-12-1990 the appellant filed a petition under Section 482 CrPC before the Patna High Court...
...of justice. Appropriate order can be passed by the court in exercise of its inherent power under Section 143 of the Act which is different from compounding by consent of parties. Thus, Section 258 ...which enables proceedings to be stopped in a summons case, even though strictly speaking is not applicable to complaint cases, since the provisions of CrPC are applicable “so far as may be”, the...complaints under Section 138. Section 258 of the Code empowers the Magistrate to stop the proceedings at any stage for reasons to be recorded in writing and pronounce a judgment of acquittal in any summons...
...) CrPC for investigation and submit report by 26-2-2020.”9. On the basis of the same, First Information Report (hereinafter referred to as “the FIR”) No. 258...the present appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “CrPC”).2. The facts in brief giving rise to the present appeals...against the appellants on different dates in December 2019.10. The appellants thereafter filed petitions under Section 482 CrPC before the High Court of Karnataka at...
...Sections 258 and 259 IPC and sentenced him to undergo three years' R.I and a fine of Rs 500 on each count and in default of payment of fine to undergo further R.I for three months on each count, on...doubt that some of the stamps recovered from the appellant were counterfeit ones. The appellant also admitted in his statement under Section 313 CrPC that he had been selling those stamps but his plea...deal with offences relating to government stamps. For the purpose of the present case we are concerned only with Sections 258 and 259 and they are in the following terms...