...against the accused is to be seen.14. Chapter XVIII CrPC deals with “Trial before a Court of Session”. As per Section 226 CrPC, the Public Prosecutor is required to open the...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 against any person...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 and directed the Officer-in-Charge, P.S...

...would not have occasioned. He contended in the course of the application as follows:“… Having opened the case under Section 226 CrPC and having proceeded quite far under Section 227...the Supreme Court, in exercise of the extraordinary jurisdiction under Article 226 or Article 136 of the Constitution or Section 482 CrPC, as the case may be, quashes certain proceedings, a...respondent to file an 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...

...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....

...signature upon it. Hence, my statement." POSITION OF LAW 15. Section 226 of the CrPC corresponds to sub-section (1) of the old Section...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 case...

...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 Sessions after...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...

...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...

....3, has had the occasion to deal with the scope of Section 226 CrPC, where the Court was pleased to observe as under...Sessions Courts are bound to comply with Sections 226 and 227 of CrPC in letter and spirit. Section 226 has been enacted so that the Accused knows in advance the nature of the evidence which the...that the Prosecution has not complied with the mandatory provisions of Section 226 of CrPC and it is also crystal clear that there was non-application of mind on the part of the learned Sessions...

...Applicant - Original Accused was not represented by a private advocate, nor was legal aid provided to him, and considering that the provisions of Section 226 of the CrPC were not followed in their...CrPC and, in a somewhat similar situation, quashed and set aside the order framing the charge, directing the concerned Sessions Judge to open the case as provided under Section 226 of the CrPC and then...case. The Ld. Sessions Judge is directed to frame the charge after following the due procedure of law as prescribed under Sections 226 and 227 of the CrPC. This order is purely on account of the...

.... (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 (1) of the...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 as...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...

...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 jury...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. Section 286 of the 1898 Code...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 owing to the abolition of the...." 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...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 to...." 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...