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...learned Sessions Judge seems to have thought that to such a case Section 201, Cr. P. C. would not apply and that the-proper section to be applied is...1943 Mad 526, and State v. Pokker, AIR 1959 Kerala 53. In these cases the question whether Section 201. Cri. Pro. Code, applies or not hag not been considered. But in my...jurisdiction, he can act under Section 201, Cr. P. C. It is true that Section 201 is in Chapter XVI of the Cr. Pro. Code. Ordinarily, the absence of territorial jurisdic...
...Section 201 Cr. P.C and it erred in acquitting the accused.4. It is necessary for the purpose of this case to refer to Section 201 Cr. P...it violated the provisions of Section 201 Cr. P.C The order of acquittal is accordingly set aside. In the result, the Criminal Appeal is allowed and the court below is...Section 22-A of the Minimum Wages Act for breach of rule 21 AA of the Minimum Wages (Central) Rules 1950 alleging...
...provisions of Section 322 Cr. P.C are not applicable in the present case, rather the provisions of Section 201 Cr. P.C are applicable and, therefore, t....3. Section 201 Cr. P.C provides that if a complaint is made to the Magistrate who is not competent to take cognizance of the offences, he shall return it for...no jurisdiction then on these cases, Section 201 Cr. P.C covers, the field and not Section 322 Cr. P.C The same view has been taken by this Court...
...Section 201 of Cr. P.C for presentation to the proper court. As the order in question has been passed by him without having jurisdiction for taking cognizance of the offence alleged in...issue notice to the complainant and to return the complaint to the complainant for presentation to the proper court as per the provisions of Section 201 Cr. P.C The matter is disposed of according...
...enquiry under Section 201 Cr. P.C is perfectly in accordance with the provisions of law under the Code of Criminal Procedure.7. The revision petition does...Section 203 Cr. P.C there is no scope to take cognizance on the basis of second complaint for the same facts.5. In his support he has pressed the impugned order...and the cognizance was taken.6. The impugned order itself speaks that the first complaint was not dismissed under Section 203 Cr. P.C rather it was dismissed...
...commence in the Court of the Magistrate. Section 201 of the Cr. P.C provides for the procedure by Magistrate not competent to take cognizance of the case. If a complaint is made to a Magistrate who is...take cognizance of the offence should have returned it for presentation to the Court with endorsement to that effect as provided under Section 201 Cr. P.C and he could not...Pareed Pillay, A.C.J:— The Cr. M.C is to quash a complaint filed by the first respondent before he Judicial Magistrate of the First Class, Ottapalam for offence under Section 8(1)(xi) of...
...starts with section 200, Cr. P.C section 200 speaks of the examination of the complainant. Section 201 Cr. P.C speaks of the procedure which t...Magistrate has to follow and section 202, Cr. P.C is postponement of issue of process to the accused and investigate the matter either himself or through agency.3...without following the proviso to sub-section (2) of section 202, Cr, P.C which provides that if it appears to the Magistrate that the offence complained of is triable...
...) appeared before the Court and filed an application raising a preliminary objection under Section 201, Cr. P.C contending that the Court at Madras had no territorial...presentation of the complaint as against the petitioners before the proper Forum under Section 201, Cr. P.C Both the Courts below by misreading of Sections...would attract the offences under the Act, the complaint was filed against all the three before the trial Court at Madras.”7. The petition under Section 201, Cr. P.C...
...compoundable in the present case. Similarly, offence under Section 201 Cr. P.C. is also not compoundable.
6) Taking into account the compromise deed dated...
1) The petitioners have filed the present petition under Section 482 Cr. P.C. for quashing the charge sheet titled, "State of J&K vs. Bhawani Kaintura", bearing No....
4) Heard and considered.
5) Offence under Section 408 Cr. P.C. is compoundable only if the value of the property does not exceed...
...Section 201, Cr. P.C. or dismissing it on the finding that no schedule offence appears to have been made out. In case the Special Judge arrives at the conclusion that Schedule offence...according to the provisions of Section 205, Cr. P.C.
3. With these observations revision is disposed of finally.
4. A copy of this order be issued...Section 392, I.P.C. is made out. Then it is argued that since no schedule offence is made out from the complainant, the Special Judge had no jurisdiction to entertain the complaint...
...Narayan Mathur, all officers of the Bank were involved and that this extraneous material was used by the Judicial Magistrate to reject the application under Section 201 Cr. P.C...is alleged that the learned Magistrate, while dismissing the criminal complaint under Section 201 Cr. P.C referred to a criminal case in which Sarva Shri R.C Gurnani...Section 408 Cr. P.C were based on the extraneous material used by the Judicial Magistrate for dismissing the application under Section 201 Cr. P.C Th...
...under Section 201 Cr. P.C to be presented before the proper court having jurisdiction.6. Thereupon the complaint was returned to the complainant who filed the...according to him does not vitiate the proceedings. Relying on Section 460(e) Cr. P.C, he urges that if any Magistrate not empowered by law to take cognizance of an offence...Judicial Magistrate, Deedwana are protected under Section 460(e) Cr. P.C The case is at the initial stage. The provisions of Section 460 Cr. P.C can...
...not being clothed with the power of prosecution under the Act, discharge of the petitioners does not amount to their acquittal.
7. Section 201 Cr. P.C...the proper Court. As the course open to the Magistrate was to have directed the Excise Inspector to present the complaint before the proper Court as provided under Section 201, of the Cr. P.C...acquittal and hence the Court ought to have discharged the accused under Section 227 Cr. P.C.
4. Contention of the petitioners is that the Magistrate could have...
.... State AIR 1970 Pat 377. It was also contended that Section 201 of the Code of Criminal Procedure contemplates taking cognizance of ...is contemplated Under Section 201 of the Cr. P. C. It was, therefore, contended that the Court below was right in dismissing the complaint as barred by time...to the learned counsel, the Magistrate had the jurisdiction to return a complaint under Section 201 of the Cr. P. C. Therefore, the complaint could only be said to have...
...petitioners does not amount to their acquittal.6. Section 201 Cr. P.C Prescribes the procedure when a Magistrate is not competent to take cognizance of the case. When the complaint is...the complaint before the proper Court as provided under Section 201 of the Cr. P.C and as the Act is eloquent to the absence of committal proceedings, taking cognizance of the offence by the magistrate...Court ought to have discharged the accused under Section 227 Cr. P.C3. Contention of the petitioners is that the Magistrate could have taken cognizance of the offence even if the Excise...
...jurisdiction to entertain it, what the Magistrate concerned had to do was to return the complaint for presentation to the proper court (vide Section 201, Cr. P.C). However...324 and 447 Indian Penal Code. The learned Sub-Magistrate examined the complainant (Section 200, Cr. P.C) and registered a case under the said sections against seven of the accused persons...provision of Section 201, Criminal Procedure Code, but thought that are-transfer to the court of the Sub-Magistrate, Kasaragod “would involve a furth...
....4 The only point that arises for consideration is whether the impugned order is liable to be set aside. Sec.201 Cr. P. C. is as follows:
"section 201. Procedure by...it for presentation to the proper Court with an endorsement to that effect. (b) if the complaint is not in writing, direct the complainant to the proper court. "
5 section 201 cr. p...even if the Chief Metropolitan Magistrate has no territorial jurisdiction to entertain the complaint, he ought to have returned the same as provided under Sec.201 Cr. P. C. for presentation before the...
...of the Code of Criminal Procedure, that the case should be sent to the Court of Chief Judicial Magistrate, Ajmer or he should have returned the case under section 201 Cr. P.C...of a Magistrate having no jurisdiction, then the only direction necessary to be made in the case is that the Magistrate should return the complaint for presentation to a proper court under s. 201 Cr...the case, he must have returned the complaint under s. 201 Cr. P.C and cannot proceed under s. 346 Cr. P.C It was further observed that under s. 346 the Magistrate acts only when he takes cognizance of...
...metropolitan magistrate is without jurisdiction for the reasons hereinabove discussed. Therefore he can return the complaint in accordance with the provision of section 201 cr. Pc for the purpose of presenting the same befo...under sub - section (2) of section 395 cr. Pc for necessary clarification.
(3) Having regard to the reference made, it is appropriate at the threshold to...which arose from cr. No. 302 of 2001 of v town law and order police station, visakhapatnam city, registered for the offences under sections, 3, 4, 5 and 9 of the official secrets act...
...tried by such Court and when no Court is so mentioned, may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable. Section 201, Cr. P.C...Magistrate within territorial limits of Jodhpur where a Special Court has been established under Sec. 14 of Act No. 33 of 1989 then in such a situation, within the meaning of Sec. 201, Cr. P.C if the...under Act No. 33 of 1989 before a Magistrate within the territorial limits of Jodhpur and such complaint is made in writing, then, he is under legal obligation under Sec. 201, Cr. P.C to return such...