...Judge, Cuddalore at Virudhachalam. 3. During the pendency of the said criminal appeal, the petitioner filed a petition under Section 39 of Cr.P.C., in C.M.P.No.77 of 208... taken any step to defend his case and no documents were produced, in order to fill up the lacuna and approach the appellate Court by invoking under Section 39 of Cr.P.C...Magistrate No-I, Virudhachalam in S.T.C.No.898 of 2009 for the offence under Section 38 of Negotiable Instruments Act, in the year 2009. After trial, the learned Judicial Magistrate No-I found the...

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...complainant is neither the victim nor eye witness and does not fall under the definition of general public, who can give information of certain offences contemplated under Section 39 of Cr.P.C. Th...under Section 39 of Cr.P.C, the defacto complaints falls under the definition of 'general public'. It is relevant to mention that as per Section 39 of Cr.P.C, public can...applicable to the present case as the charge sheet is filed against the accused for the offence punishable under Section 326 of IPC which is not included under Section 39 of Cr.P.C. Furthermore, i...

...Original Petition stands dismissed. However the petitioner is always at liberty to invoke provisions under Section 39 of Cr.P.C during trial if any incriminating materials found...https://www.mhc.tn.gov.in/judis 3report has been filed before the learned Judicial Magistrate, Bodi and not yet taken cognizance. 5. In view of the same, the Criminal...seriously and they have got admitted in the hospital for undergone treatment for a month. There are materials available to attract the offence under Section 307 of IPC, but the second respondent simply...

...petitioner suggesting it to be medico-legal case under Section 39 of Cr.P.C. was forwarded to the jurisdictional police authorities. Learned State counsel appears on an advance notice and on...cognizable offence has occurred, however, the jurisdictional police authorities have not taken any action, and after the initial medical examination at Rajindra Hospital Patiala, the medical ruqa of the... Prayer in this petition filed under Section 528 of BNSS is for issuance of directions to official respondents to take action on the representation dated 20.12.2024 (Annexure P-4), filed by the...

...petitioner/A0 is that it is settled principle of law that before arraying a person as an accused in the proceedings under section 39 of Cr.P.C, notice has to be issued and an....Patently, the impugned order passed by the trial court is erroneous. The impugned order under section 39 of Cr.P.C has been passed not on the evidence available on record. This is against the mandate contained in ...moto impleaded the petitioner as 0th Accused. Further, no notice was given to the petitioner/A0 to implead him and the trial court impleaded the petitioner/A0 not on the basis of the evidence. / 79...

...dismissed. However the petitioner is at liberty to invoke the provision under Section 39 of Cr.P.C before the trial Court during trial. 29.04.2022...: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.79 of 2022 pending on the file of the third respondent police to the fourth respondent and...

...petitioner filed a petition under Section 39 of Cr.P.C to receive the deposition of the second accused made in S.T.C.No.4 of 208 on the file of the learned Judicial Magistrate, Aranthangi as an additional...39 of Cr.P.C to receive the https://www.mhc.tn.go a v d .in d /ju i d t i i s onal evidence. 2 2. The petitioner...filed challenging the order passed by the learned Sessions Judge, Mahila Court, Pudukkottai in Cr.M.P.No.807 of 209 in C.A.No.2 of 209 dated 06.2.209, thereby dismissing the petition filed under Section...

...information in the manner and at the time required by law. 8. Section 39 of Cr.P.C. deals with the duty of the public to give information forthwith relating to commission of certain offences if...to the nearest Magistrate or police officer relating to the commission of offences or of the intention of any other person to commit any offence as specified under section 39 of Cr.P.C., ...Code which is alleged to have been committed in the present case has not been incorporated in section 39 of Cr.P.C. Therefore, it cannot be said that the ingredients of offence under section 176 o...

...learned Assistant Government Pleader for Home that if the petitioners have injunction order in their favour, they are at liberty to file an application under Section 39 of Cr.P.C..., notice under Section 41-A of Code of Criminal Procedure, 1973 (for short Cr.P.C.) was served on the petitioner dated 12.10.2022. 3. It...registered for the offences under Sections 447, 427 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.), (2) Crime No.199 of 2021 registered...

...duty emanating from the Article 51A (Fundamental Duties) and Section 39 of Cr.P.C. to give information with respect to the commission of offences. He contended that the...approved by the State Government vide memo dated 28.07.2004 being ultra vires to Articles 14 and 22 of the Constitution of India and the provisions of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C...as per the procedure stipulated under the Cr.P.C, for commission of offences under the Prevention of Corruption Act, 1988, Prevention of Money Laundering Act and the Indian Penal Code, 1908 (for...

...the Tribunal. 6. Further, the learned counsel for the appellant - insurance company submitted that Section-39 of Cr.P.C., is not complied with by Respondent No.1...-complainant or no other person, since they have not intimated to the nearest Magistrate or Police Officer of such incident. Therefore, there is no compliance of Section-39 of Cr.P.C. Further, Rul.... 18. Further, non-compliance of provision of Section-39 of Cr.P.C., also cannot be a ground to reject the claim petition. As per Section-39 ...

...to invoke under Section 39 of Cr.P.C to implead the accused persons and to include the offences as well as the other accused persons. The trial Court has also framed charges on 02.06.208 and...examining the witnesses. It is open to the trial Court to consider the request of the de-facto complainant under Section 26 and 39 of Cr.P.C. 3. This Criminal Original Petiti...Balamurugan were not shown as respondents in Crl.O.P.No.3020 of 209. Pursuant to the order passed by this Court, Sumithra filed Crl.M.P.No.4749 of 209 in C.C.No.7243 of 208 under Section 39 Cr.P.C. for...

...petitioner, in reply, submits that Section 39 of Cr.P.C. deals with the duty of the public to give information relating to commission of certain offences to the nearest Magistrate or Police Officer. He...submits that one should have knowledge about commission of an offence by a person and mere standing would not amount to having of such knowledge and thus, Section 39 of Cr.P.C. is not applicable. ...fromtheir possession. He submits that so far Police have not filed petition seeking custodial interrogation of the arrested accused. 22. Learned counsel for the...

.... 3. During the pendency of the appeal, the petitioner has filed a petition in Crl.M.P.No.48 of 208 under section 39 Cr.P.C, to re-open the case and recall the evidence P.W. f..., the petitioner can invoke Section 39 of Cr.P.C. at appeal stage, if the document is necessary to decide the issue. In the present case on hand, the trial Court while dismissing the petition, has...one month. As against the order of the trial Court, the revision petitioner/accused has filed a criminal appeal before the learned Principal Sessions Judge, Erode in C.A.No.276 of 207...

...petition under Section 39 Cr.P.C. in CMP.No.00/207 in CC.No.226 of 205, to add respondents arrayed therein as accused. The learned Judicial Magistrate-I, Tindivanam, ordered...Section 39 of Cr.P.C., has merely ordered notice to be issued to the accused mentioned therein. Immediately, on receipt of such notice, the petitioners have rushed to this Court by...documents filed in support of these petitions. 5 5. The learned Magistrate, on receiving the petition filed under...

...institution of the FIR on the basis of a complaint made by a private person. Section 39 of Cr.P.C mandates every person aware of the commission of any ...under different Sections of the IPC including Section 409 to forthwith give information to the nearest Magistrate or police officer.8. Furthermore, the protection given to a public...referred the complaint filed by the complainant for investigation in exercise of powers conferred under Section 156(3) Code of Criminal Procedure (for short “Cr. P.C”). He has contended that in course...

... 39 of Cr.P.C in Crl.MP No.600 of 209 on the file of the Judicial Magistrate, Thuraiyur, to array one Sivanandam, as accused in this case. After hearing both sides, the trial court...of the de-facto complainant/ st respondent herein, the 2nd respondent police registered a case in Crime No.6 of 20, on 30.05.20. Thereafter, the 2nd respondent police filed a petition under section...

...punishable.7. Sections 39 and 41 of Cr.P.C create duty to give information to certain public servants regarding certain offences. Section 39(1) of ...under Section 39 of Cr.P.C to report to any public servant. Section 40 of Cr.P.C lays down that every officer employed in connection with th...restricted to certain sections of the I.P.C which does not include Section 376 of I.P.C which is said to have been committed against the victim. So, the Headmaster was not obliqued...

... SCC 751 to submit that a third party, who does not claim to be cheated, cannot maintain such a complaint. Attention of this Court was drawn to Section 39 of...the offences scheduled therein, any person can maintain a complaint, but the offences of cheating and criminal misappropriation are not there in the said Schedule to Section 39 of Cr.P.C.. It was thus... (supra) has reiterated that freedom of a private citizen to proceed against the corrupt cannot be restricted. It will not be fair to literally interpret Section 39 of Cr.P.C. or to assert...