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...Court and should have prayed for discharge by making an application under Sec.227/228 of CrPC. The cases where the petitioners are able to satisfy the Court that there is no element of an...Buddhabhatti for respondent No. 2.
2. By invoking the jurisdiction of this Court under Sec.482 of CrPC, the petitioners have prayed that a complaint filed before Paliad Police Station bein...appropriate stage, the powers vested with the Court under Sec.482 of CrPC can be exercised.
9. So, there is not only the logic, but legal strength in the arguments advanced by ld...
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.... 240/2004, and they had not pressed for the reasoned order though plea of "alibi" was one of the main point/argument in support of their discharge application filed under Sec. 227 ...where prosecutrix committed suicide. The charge in the Sessions Case for the offence punishable under Sec. 306 etc. of IPC is totally different. So, the observations made by the Sessions Court while dealing with ...because the petitioners, at the time of hearing of the application preferred under Sec. 227 of CrPC in connection with the crime i.e. I.CR No. 23/2004, have not pressed the plea ...
...JUDGE, WAS PLEASED TO REJECT THE
APPLICATION FILED BY THE ACCUSED NO.3/PETITIONER HEREIN,
UNDER SEC.227 OF CRPC 1973 FOR DISCHARGE IN THE INTERST
...an application filed by the petitioner/accused No.3 under Section 227 of the CrPC seeking his discharge from the array of accused.
2...matter. The petitioner files an application under Section 227 of the CrPC seeking his discharge from the array of accused. The application comes to be rejected on 20-07-2022. It is the said order ...
...had got relief by way of discharge under Section 227 CrPC. The respondent State preferred a criminal revision application before the High Court.3. The High Court set aside..., necessary to construe Section 227 and Section 319 CrPC.5. Provisions of Sections 227 and 319 CrPC read as under:“227. ...counsel for the appellants that in order to avail of the remedies of discharge under Section 227 CrPC, the only qualification necessary is that the person should be an accused. The learned counsel...
...quashed by the High Court in exercise of powers under Section 482 CrPC or Article 226 of the Constitution has been laid down by this Court in...canvassed by Shri Rohatgi, it may also be pointed out that in para 29 of the same decision it has been observed that the width of the powers of the High Court under Section 482 CrPC and Article 226 ...(hereinafter referred to as “CrPC”), and wish to express my own views in the matter.29. Section 227 CrPC, which is in Chapter XVIII of the Code, which deals with trials before a...
...of inquiry or trial as contemplated under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”).2. The initial reference was made by a two...the word “evidence” used in Section 319(1) CrPC could only mean evidence tested by cross-examination or the court can exercise the power under the said provision even on the basis of the statement made...has been defined under Section 6 CrPC, which includes the Courts of Session, Judicial Magistrates, Metropolitan Magistrates as well as Executive Magistrates. The Court of Session is defined in...
...meritorious service and nothing being whispered for a period of twenty years, the appellant filed a petition on 17-5-2007 under Section 227 of the Code of Criminal Procedure, 1973 (in short “CrPC”...appeal are: (i) whether the appellant established sufficient ground for discharge under Section 227 CrPC? and (ii) whether the trial Judge as well as the High Court committed any error in rejecting the...reads as under:“227. Discharge.—If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of t...
..., 109, 150, 153A, 302, 201 read with Section 34 IPC and under Sections 16(1)(a), 18 and 20 of the UAP Act.
6. The appellant sought discharge under Section 227 CrPC a...its Order dated 2ndJanuary, 2018 while deciding the application of appellant seeking discharge under Section 227 CrPC observed that it was admitted by the defence counsel that the appellant...appellant under Section 227 CrPC seeking his discharge from the charge for the aforesaid offences came to be dismissed by the trial Court, after recording cogent reasons and order of framing charge...
...exercising the power under Section 319 of the Criminal Procedure Code, 1973 (“CrPC” for short). For the purpose of narration of facts the case in Criminal Appeal No. 885 of 2019 is noted...not mentioned by the witnesses. After the initial recording of evidence, the prosecution filed an application dated 31-7-2017 under Section 311 CrPC for recalling PW 4 and PW 5, which was allowed. In...rendered in the context of the power exercisable under Section 319 CrPC were noted. In that context, the Bench of two Hon'ble Judges of this Court was of the opinion...
...weightage to the submission of both the parties. The provision of Section 239 and 240 CrPC (relates to warrant procedure case) is akin to the provision of Section 227 and 228 of...made out against the accused he must proceed to frame the charge as required u/s 228 of the Code. It further held that Sec. 227 introduced for the first time in the new Code, confers special power on the..., framed the charge u/s 461/380 of IPC on 20.11.2015 to which he pleaded not guilty. Challenging the legality and validity of the framing of charge, present application u/s 482 CrPC has been preferred on...
...-11-2016 was served under Section 251 CrPC.4. Appellant 2, who is the Director of Appellant 1, made a statement that he was ready to make the payment of the cheque amount...by the offence out of the fine. (2012) 1 SCC 260 Where fine is not imposed, compensation can be awarded under Section 357(3) CrPC to the...138 of the Act is up to two years or with fine which may extend to twice the amount or with both. What needs to be noted is the fact that power under Section 357(3) CrPC to direct payment of...
..., reliance whereupon was placed by the counsel for the appellants, the tests to be applied at the stage of discharge of the accused person under Section 239 CrPC were found to be no different. Far from rea...specific allegations were made against them.7. The appellants then filed an application for discharge under Section 239 of the Code of Criminal Procedure, 1973 before the learned...there was an inordinate delay in the filing of the complaint by Respondent 1 but also because the statements made under Section 161 CrPC by the witnesses who were either planted or merely chance...
...police and a sessions offence is made to appear, it is perfectly open to the Sessions Court under Section 227 CrPC to discharge the accused. This provision takes care of the alleged grievance of t..., the court had reversed the order of discharge of the appellant for the offences under Sections 376 and 342 of the Penal Code, 1860 (hereinafter referred to as “IPC”) dated 25-3-1998, passed by the...disposed of it on the same day i.e 9-4-1997 by directing the Judicial Magistrate, Sheoganj, to record her statement under Section 164 CrPC.5. In pursuance thereof, the...
...trial court can consider the pleas of the accused under Section 227 CrPC but at this stage neither can the investigation be challenged in these appeals nor can the sufficiency of the evidence be gone...legality of the FIR and the investigation cannot be challenged or examined on the basis of disputed questions of fact in proceedings under Articles 226/227 of the Constitution. Inasmuch as in comp...Section 132(1) CrPC sanction of the State Government has been obtained, the question whether the Executive Magistrate is protected under Section 129 CrPC is a matter of defence in the trial and...
...evidence, firstly, before the charge is framed and secondly, after the framing of the charge. Of course, under Section 245(2) CrPC, a Magistrate can discharge the accused at any...the Magistrate has the power under Section 245(2) CrPC to discharge the accused at any previous stage. The Hon'ble Judge relied on a decision of the Madras High Court in..., it was observed notwithstanding the difference in language of Sections 227 and 239, CrPC, the approach of the Court concerned is to be common under both provisions. The principles holding the field...
..., frame charges under Section 228 CrPC. At this stage the remedy available to the accused is to ask for discharge under Section 227 CrPC. In case charges are framed the accused has to face the tri...-2011 under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) wherein Umesh Kumar, the appellant was not named.6. The report submitted by...an application on 7-9-2011 under Section 306 CrPC to become an approver.7. Umesh Kumar, the appellant, asked the Government of A.P to hold an investigation on the basis of...
...of Session under Sections 227 and 228 of the Code, enabling it to discharge under Section 227 or charge under Section 228 the accused persons before it and while so to summon ano...to 237 CrPC (which includes Sections 227 and 228) are integrated provisions of a lot which govern in totality the trial proceedings under Chapter XVIII titled “Trial before a Court of Session”. There...M.M Punchhi, J.— Special leave granted.2. Can a Magistrate undertaking commitment under Section 209 CrPC of a case triable by a Court of Session...
...thereof, and that the stage of framing of charges under Section 228 of the CrPC is reached after crossing the stage of Section 227 of the CrPC, which affords both the pr...opportunity to put forward their rival con- tentions.
16. Section 227 of the CrPC reads thus:
"227. Discharge...occasion to consider the scope of Sections 227 and 228 CrPC. The principles which emerged there- from have been taken note of in para 21 as under:
"21. On...
...under Section 482 of the Code of Criminal Procedure (for short “CrPC”).3. On receipt of a report regarding the murder of one Smt Sudesh, who was the daughter-in-law ...Respondent 1 and wife of Respondent 2, the police made an investigation and laid a challan against the three respondents under Section 173(2) CrPC. The Additional Sessions Judge, Karkardooma, on consideration.... Thereafter an application was filed on behalf of the accused persons before the learned trial Judge seeking their discharge from the offence under Sections 304/34 IPC which was dismissed by the order...