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...in C.C. No.1061/2017. CW1 namely the complainant was examined as PW1. The accused filed an application under Section 242(3) of Cr.P.C. praying to defer the cross examination of CW1...Section 242(3) of Cr.P.C. has been allowed. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1/State. 3. The Police filed...
...under Section 242 Cr.P.C. before the Court below to defer the cross-examination of P.W.2 / L.W.3 till the examination of L.Ws.2, 4 and 7 are over. The Court below dismissed the...Prevention of Corruption Act, Chennai, whereby the petition filed by the petitioner/accused under Section 242 Cr.P.C...than 52 times by the Court, the trial Court ought not to have dismissed the petition filed under Section 242 Cr.P.C.
4. Heard both sides.
5...
...in one and the same day, the accused would not have chosen to file a petition under Section 242(3) of Cr.P.C., praying to defer the cross-examination of P.W.3 and the...respondent herein, the Revision Petitioner/accused filed a petition in Cr.M.P. No. 895 of 2016 on 20.09.2016, under Section 242(3) of Cr.P.C, for deferring the cross examination...statutory right conferred on the accused under Section 242(3) of Cr.P.C., should not be denied or taken away without assigning any valid reason and the Hon'ble Supreme Court has...
...in Cr.M.P.No.2603 of 2023 in C.C.No.131 of 2021, filed under section 242(3) of Cr.P.C., to defer the cross examination of PW2 till the examination of LW2 and LW3.
2...and dismissed his petition filed under section 242(3) of Cr.P.C., for deferring the cross examination of PW2 till the examination of LW2 and LW3. Aggrieved against the same, the present criminal...LWs1 to 3 simultaneously, the trial court examined PW2 alone. Hence, he filed a petition under section 242 Cr.P.C., for deferring the cross examination of PW2, but the same was dismissed. This...
...right since the proviso to sub- section (3) of section 242 of Cr.P.C. gives an authority to the Magistrate to permit cross- examination of any witness to defer until any other witness or witnesses...no.4, 5 and 9 be examined in chief examination first.
11. Section 242(3) of Cr.P.C. gives all the power to Magistrate to grant such a prayer. The Magistrate can defer...
15.1.1 The learned Magistrate rejected the application considering that there is no such provision in section 242(3) of Cr.P.C. to defer the cross-examinat...
...ORDERThe petitioner submits that he has filed application under Section 242(3) of Cr.P.C seeking permission from this Court to defer the cross...-1. sub section 3 of Section 242 of Cr.P.C provides for dispensation of cross-examination of PW-1 till the completion of chief examination of other witnesses. The learned Judge has....4. I have heard the learned counsel appearing for the Parties.5. Proviso to sub section 3 of Section 242 of the Cr.P.C provides that “the...
...examined as PW1 and the matter was posted to 14.02.2023 for cross examination of PW1. At that stage, the petitioner filed an application under Section 242(3) of Cr.P.C. before the learned Principal Special...
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- AO1 to quash the Order...dated 21.03.2023 passed in Crl.M.P.No.44 of 2023 in C.C.No.12 of 2016 by the learned Principal Special Judge for Trial of SPE & ACB Cases, Hyderabad, to defer the cross examination of PW1 until...
..., Section 242(3) of the Cr.P.C., on the other hand, empowers the learned Magistrate to defer the cross-examination of any witness until all other witnesses have been examined or to recall any witness for...petition is allowed. The order of the Trial Court is set aside.
ii. The application filed by the petitioners under Sections 231(2) and 242(3) of Cr.P.C is allowed, and...)
THIS CRL.P FILED U/S 482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT
MAY BE PLEASED TO QUASH THE ORDER DATED...
...powers to examine and reexamine any witness u/s 311 of Cr.P.C at any time.A bare reading of Sub-Section 3 of Section 242 of the Cr.P.C shows that the...Sub Section 3 of Section 242 of Cr.P.C are judicial powers and must be exercised in a judicial manner. Besides, the provisions contained in Sub-Section 3...of Section 242 of Cr.P.C are in the nature of special provisions, therefore, the general provisions contained in Section 311 of Cr.P.C cannot be invoked by the...
...unfettered powers to examine and re-examine any witness u/s 311 of Cr.P.C at any time.A bare reading of Sub-Section 3 of Section 242 of the Cr.P.C shows that the...given by sub Section 3 of Section 242 of Cr.P.C are judicial powers and must be exercised in a judicial manner. Besides, the provisions contained in Sub...-Section 3 of Section 242 of Cr.P.C are in the nature of special provisions, therefore, the general provisions contained in Section 311 of Cr.P.C cannot be invoked by the...
...for the respondent.7. Perused the records. The reading of the petition filed under 242(3) Cr.P.C, to defer the cross-examination of witness and Section 311 petition filed to recall...under 242(3) Cr.P.C, was filed to defer the cross-examination of P.W.2, till the accompanying witnesses L.W.3 and L.W.4 are examined. The said petition was allowed by the trial Court.3...subject him to cross examination.5. The learned Additional Public Prosecutor would submit that on a specific undertaking given in the petition filed under Section 242(3...
...examination of witnesses, that the petitioner with no other option has filed the above petition to defer the cross-examination under Section 242 Cr.P.C. but the learned trial Judge has passed the...on the file of the Court of the Judicial Magistrate, Tenkasi, dismissing the petition filed under Section 242 of the Code of Criminal Procedure.
2. The petitioner is the...Advocate (Criminal Side), the petitioner has earlier filed a petition in Crl.O.P. (MD)No.14031 of 2020 under Section 482 Cr.P.C. to quash the case and
3/8...
...available, a petition under Section 242(3) Cr.P.C., had been filed in Crl.M.P. No. 25 of 2019 to defer cross examination of PW.7 and the trial Court had dismissed the petition on the same day. Thereafter...28.03.2019, dismissing the petition under Section 311 of Cr.P.C. to recall PW.7.2. The petitioners are arrayed as A-1 and A-2 in this case and facing trial for the offences under..., immediately on the next hearing date i.e., on 22.01.2019, the petition under Section 311 Cr.P.C. had been filed to recall the witness, whereas, the Trial Court had dismissed the petition in consonance...
...prosecution to cover up the lacunae in other cases which are pending in trial was accepted. This direction has been issued in the purported exercise of power conferred under Section 242 CrPC which...fair trial.5. Counsel for the parties have been heard.6. Section 242 finds its place in Chapter XIX “Trial of warrant cases by Magistrates” of the.... Section 242 CrPC deals with the recording of evidence of prosecution. Sub-section (1) of the section provides that if the accused refuses to plead or does not plead, or claims to be tried or the...
...Section 242(1)(b) of the Act, as there are issues yet to be decided by NCLT, for which we are remitting back the matter. After deciding the other issues NCLT is requested to...pass further order under Section 242(1)(b) and other consequential orders under the Act. b) We remit back the matter to Learned NCLT, Chennai for decision...35. For the above reasons, we set aside the impugned order. We hold that Appellants could maintain the Company Petition under Section 241, 242 of the Act. We further hold that in the...
...sub-section 3 of Section 242 of the Criminal Procedure Code shows that the Magistrate conducting trial is empowered to defer the cross-exami...police report. In the instant case, the case was instituted on a police report and, therefore, Part A of the Chapter 19 is applicable. Section 242 of the Cr. P.C deals with evidence for the prosecution.... Section 243 of the Cr. P.C deals with evidence for defence. sub-section 3 of Section 242 of the Criminal Procedure Code...
...an application filed under Section 242(3) of Cr.P.C., in C.C.No.248/2016. 2. The petitioners are accused in Crime No.256/2015 of Yamakanmardi Police Station in which the charge...C.W.5 are the eyewitnesses. C.W.6 is stated to be the scribe of the complaint. C.W.8 is the Investigation Officer. The accused filed an application under Section 242(3) of Cr.P.C., making a prayer...-examination of witnesses under Section 242(3) of Cr.P.C. It is in the discretion of the Court as to whether in a particular case such a facility is required to be afforded to the defence or not. Learned...
...-examination.”(emphasis supplied)The phraseology of Section 231(2) mirrors Section 242(3) CrPC which provides for...a similar discretion to a Magistrate in the trial of a warrant case under Chapter XIX CrPC.16. Section 242(3) is analogous to Section 251-A(7) of the repealed Code of...Section 242(3) CrPC must be interpreted in light of the legislative intent behind the enactment of Section 251-A of the Code of Criminal Procedure, 1898.18. What follows...
...242 of the Cr:P.C shows that the Magistrate conducting trial is empowered to defer the cross examination of any prosecution witness or witnesses who have been examined or recall any witness...for further cross examination. The powers given by Sub-section 3 of Section 242 of Cr. P.C are judicial powers and must be exercised in a judicial manner. Besides, the...provisions contained in Sub-section 3 of Section 242 of Cr. P.C are in the nature of special provisions, therefore, the general provisions contained in Section...
...be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.”“Section 242(3) of Cr. P.C. On the...under sub-Section (2) of Section 231 and proviso to Section 242(3) of Cr. P.C which give the discretion to the Court to permit the cross-examination of any witness to be...Section 242 of Cr. P.C pertains to trial of warrant case before the Magistrate Courts. Section 231 of Cr. P.C is synonymous to...