CiteTEXT
...Section 226 CrPC, the Public Prosecutor is required to open the case before the Sessions Court by describing the charge brought against the accused and stating by what evidence, he proposes to prove the...appellant complainant alleged that without informing her, post-mortem of her husband was conducted. Merg No. 94 of 2015 was registered for investigation under Section 174 CrPC; but no case was registered.... Thereafter, the appellant complainant filed a complaint before the Additional Chief Judicial Magistrate (ACJM), Kasrawad under Section 156(3) CrPC on 12-4-2016. The learned ACJM accepted the complaint...
...:“… Having opened the case under Section 226 CrPC and having proceeded quite far under Section 227 CrPC in respect of framing charges, for the Prosecutor to come up with a...jurisdiction under Article 226 or Article 136 of the Constitution or Section 482 CrPC, as the case may be, quashes certain proceedings, a party cannot complain that his right to statutory appeal had been...application under Section 340 CrPC and whether that court had jurisdiction to entertain the application. The Designated Judge held that he was satisfied that the court could entertain a complaint even...
...mind, are contained in Chapter XVII of the Code of Criminal Procedure. After opening of the case by the prosecution under section 226 CrPC the Court of Sessions has to either discharge, if there be...the Judge as to what offence could be said to have been committed by the accused. This, of course, is after consideration and hearing as could be thought of in view of section 226 CrPC. The Sessions...Sessions Judge is set aside. The Sessions Judge shall rehear the parties under section 225 and 226 CrPC and record fresh order according to law.11. Revision allowed....
...statement and I attested my signature upon it. Hence, my statement."
POSITION OF LAW
15. Section 226 of the CrPC corresponds to sub-section (1...the guilt of the ac- cused."
10
Section 226 of the CrPC permits the prosecution to make the first impression regards a...case, one which might be difficult to dispel. In not insisting upon its right under Section 226 of the CrPC, the prosecution would be doing itself a disfavour. If the accused is to contend that the...
...of Section 209 and 226 CrPC, firstly, the revisionists have to surrender before the Magistrate concerned and then the case shall be committed to the Court of Sessions. On such committal, the Sessions...provisions of Section 209 CrPC as also Section 226 CrPC. There is no doubt that the discharge application through counsel under section 227 CrPC could only be moved before the Court of Se...Karunesh Singh Pawar,J.
1.The petition has been filed under Section 482 CrPC for setting aside impugned order dated 3.4.2024 passed by Chief Judicial Magistrate...
...revisionists. As per provisions of Section 209 and 226 CrPC, firstly, the revisionists have to surrender before the Magistrate concerned and then the case shall be committed to the Court...the Court concerned and consequently, the case could not be committed to the Court of Sessions. They appear to bypass the provisions of Section 209 CrPC as also Section 226 CrPC. There...to whether the accused revisionists are entitled to move discharge application taking recourse to the provisions of Section 227 CrPC before the Court of Sessions directly through...
...the Criminal Procedure Court which starts from Section 225 to 237. Section 225 CrPC made provision trial to be conducted by PP. Section 226 CrPC made...High Court under Section 482 CrPC and Articles 226 and 227 of the Constitutions can be invoked seeking appropriate relief or suitable directions.(6) This is...provision that session cases to be open by the prosecution. Section 227 CrPC made provision for consideration of discharge that means after hearing prosecution and defense counsel, if the Court...
...in likewise manner, the learned P.P also failed to discharge his function in terms of Section 226 CrPC.28. It is true that error whatever been during course of framing...Section 313 CrPC is that of complete denial. Furthermore, specific plea has been taken up that deceased had begotten a child a few days ago who met with unnatural death as a result of which, deceased...on or about 30 day of October 2011 at Simra PS, Distt-Supaul, have committed murder of Kanchan Devi by bodily injury etc. for dowry. During course of statement under Section 313 CrPC the questionnaire...
....
(iii) Thereafter, learned Trial Court proceeded to hear the prosecution officer under Section 226 of CrPC and expressed the opinion that offence punishable under Sections 323...Section 226 of CrPC. Learned trial Court has committed an error in expressing prima facie opinion with regard to
3...perused the record. Chapter XVIII of the Code of Criminal Procedure, 1973 lays- down the procedure for trial before a Court of Session. Section 226 of CrPC deals with opening the case for prosecution...
...:-
Neutral Citation No. - 2022:AHC:189679
1
"15. Section 226 of the CrPC corresponds to sub-section (...prove the guilt of the accused."
17. Section 226 of the CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel.... In not insisting upon its right under Section 226 of the CrPC, the prosecution would be doing itself a disfavour. If the accused is to contend that the case against him has not been explained owing...
...
"15. Section 226 of the CrPC corresponds to subsection (1) of the old Section 286 with verbal changes owing to the abolition of the jury. Section 286 of the 1898 Code reads ...describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused."
17. Section 226 of the CrPC permits the prosecution...to make the first impression regards a case, one which might be difficult to dispel. In not insisting upon its right under Section 226 of the CrPC, the prosecution would be doing itself a disfavour...
...the Special Public Prosecutor under Section 226 CrPC. His application was only partly allowed and he was given only eight days' time, till 2-5-2009, to prepare a reply to the address of the Special...the Bombay High Court under Section 366 of the Code of Criminal Procedure (“CrPC”), registered as Confirmation Case No. 2 of 2010. In addition to the reference, two appeals also came to the High Court...is based, of course, on investigations by the police, but a good deal of it also comes from the confessional statement of the appellant recorded under Section 164 CrPC. The confession of the appellant...
...application but when the case is opened by the prosecution under Section 226 of the CRPC by describing charge brought against the accused and by what evidence, the prosecution proposes to prove the...:
"POSITION OF LAW
15. Section 226 of the CrPC corresponds to subsection (1) of the old Section 286 with verbal changes owing to the abolition of the ju...stating by what evidence he proposes to prove the guilt of the accused."
Section 226 of the CrPC permits the prosecution to make the first impression regards a case, one...
...
15. Section 226 of the CrPC corresponds to subsection
(1) of the old Section 286 with verbal changes owing to the abolition of the jury. ...the CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel. In not insisting upon its right under Section 226 of the CrPC, the prosecution...would be doing itself a disfavour. If the accused is to contend that the case against him has not been explained owing to the noncompliance with Section 226 of the CrPC, the answer would be that the...
...as per section 225 CrPC, in every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor and under section 226 CrPC, it is stated that when the accused appears or...190(1)(a) of CrPC to the Magistrate empowered to try the offence.
18. The learned counsel also relied upon section 154 CrPC and other connected provisions under Chapter XII of the said...Code. Those provisions deal only with the investigation by the concerned police officer. Even under section 170 CrPC, if, upon an investigation, it appears to the officer in charge of the police...
...of prosecution. Even as per Section 225 CrPC, in every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor and under Section 226 CrPC, it is stated that when the...complaint under Section 190(1)(a) of CrPC to the Magistrate empowered to try the offence.17. The learned counsel also relied upon Section 154 CrPC and other connected provisions under...Chapter XII of the said Code. Those provisions deal only with the investigation by the concerned police officer. Even under Section 170 CrPC, if, upon an investigation, it appears to the officer in...
...:
"POSITION OF LAW.
15. Section 226 of the CrPC corresponds to subsection (1) of the old Section 286 with verbal changes owin...." Section 226 of the CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel. In not insisting upon its right under Section ...Section 226 of the CrPC, the answer would be that the Section 173(2) of the CrPC report in the case would give a fair idea thereof, and that the stage of framing of charges under...
...
"POSITION OF LAW
15. Section 226 of the CrPC corresponds to subsection (1) of the old Section 286 with verbal changes owing t...."
Section 226 of the CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel. In not insisting upon its right under...Section 226 of the CrPC, the prosecution would be doing itself a disfavour. If the accused is to contend that the case against him has not been explained owing to the noncompliance with Section 226 of the...
...evidence he proposes to prove the guilt of the accused."
Section 226 of the CrPC permits the prosecution to make the first impression regards a case, one which might be...difficult to dispel. In not insisting upon its right under Section 226 of the CrPC, the prosecution would be doing itself a disfavour. If the accused is to contend that the case against him has not...been explained owing to the noncompliance with Section 226 of the CrPC, the answer would be that the Section 173(2) of the CrPC report in the case
Page 6 of 22...
...accused and stating by what evidence he proposes to prove the guilt of the accused."
Section 226 of the CrPC permits the prosecution to make the first...the CrPC, the prosecution would be doing itself a disfavour. If the accused is to contend that the case against him has not been explained owing to the noncompliance with Section 226 of the CrPC, the...trial; Section 239 and 240 relatable to trial of warrant cases, and Sections 245(1) and (2) with respect to trial of summons case.
20. Section 226 of the CrPC, over a...