...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...

...and quashing of the complaint or criminal proceedings under Section 482 CrPC as also Article 226 of the Constitution. Pointing out that the appellant in the said case had not prayed for...information report or complaint whether it be compoundable or not. The ultimate exercise of discretion under Section 482 CrPC or under Article 226 of the Constitution is with the court...facts of the case.9. As we have indicated hereinbefore, the exercise of power under Section 482 CrPC or Article 226 of the Constitution is discretionary to be...

...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...good reason for it, the accused under section 227 CrPC or frame charge under section 228 CrPC. Section 228 CrPC itself contains a further direction though impliedly for further application of mind by 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...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....

...Satardekar in exercise of the powers under Section 482 CrPC or Article 226 of the Constitution.19. Shri Mukul Rohatgi submitted that at the time of the...Court under Section 482 CrPC and Article 226 of the Constitution is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent...of the judgment the larger Bench did indicate that the width of the powers of the High Court under Section 482 CrPC and Article 226 of the Constitution is unlimited whereunder in the...

...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...

...not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section...remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information...sustained and is hereby set aside. The Magistrate concerned is directed to ensure proper investigation into the alleged offence under Section 156(3) CrPC and if he deems it necessary, he can...

...of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, had elaborately considered the scope and ambit of Section 482 CrPC/Article 226 of the....2.3. On 29-8-2016, an application under Section 156(3) CrPC was filed by the complainant Sajjad Quraishi against the accused Ahmad Ali Quraishi, and Liyakar Ali Quraishi as well as their...Case No. 1 of 2017 dated 4-10-2017 repeating the same allegations against the appellants and other accused which were made in his application under Section 156(3) CrPC.2.9...

...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...

...High Court under Section 482 CrPC or under Article 226 of the Constitution for quashing of the FIR. In Bhajan Lal 1992 Supp (1) SCC...226 of the Constitution or inherent power under Section 482 CrPC could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. The Court also...where Section 438 CrPC has not been deleted and kept on the statute book, the High Court should be well advised that while entertaining petitions under Article 226 of the Constitution or...

...2020 [arising out of SLP (Crl.) No. 5600 of 2020] 456 H. Jurisdiction of the High Court under Article 226 and Section 482 CrPC 457 I. Prima facie evaluation of the FIR and the grant...jurisdiction of the High Court of Judicature at Bombay under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), the appellant...entertaining a petition under Articles 226/227 of the Constitution and Section 482 CrPC, suspended all further proceedings in FIR No. 164 of 2020 before N.M. Joshi Marg Police Station...

...held by this Court in a catena of decisions, inherent jurisdiction under Section 482 CrPC and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal...the opinion that the High Court ought to have exercised the powers under Article 226 of the Constitution of India/Section 482 CrPC and ought to have quashed the impugned FIR to secure the ends.... That thereafter Respondent 1 filed a complaint/application under Section 156(3) CrPC in the Court of the learned Additional Chief Judicial Magistrate I, Ghaziabad for issuance of direction to Police...

...pragmatic view of the matter. …9. As we have indicated hereinbefore, the exercise of power under Section 482 CrPC of Article 226 of the Constitution is discretionary...proceedings aforementioned, the parties appear to have amicably settled the matter among themselves. Criminal MC No. 3715 of 2010 under Section 482 CrPC was on that basis filed before the High Court of...and that the respondent had no objection to the criminal proceedings against the appellants being quashed by the High Court in exercise of its power under Section 482 CrPC.4...

...be a legitimate exercise of judicial power under Article 226 of the Constitution or under Section 482 CrPC to direct doing something which CrPC has expressly prohibited. Section 320(9) CrPC...dated 11-11-2009 that nothing was due from the respondents to the Bank. An application filed by Respondent 1 for compounding of offences under Section 320(2) CrPC, was dismissed by the trial court on...consequential proceedings alleging non-compoundable offences could be quashed by the High Court in exercise of its jurisdiction under Section 482 CrPC on the basis of the settlement arrived at...

...the basis of disputed questions of fact in proceedings under Articles 226/227 of the Constitution. Inasmuch as in compliance with Section 132(1) CrPC sanction of the State Government has been...police transgresses its statutory power of investigation the High Court under Section 482 CrPC or Articles 226/227 of the Constitution and this Court in an appropriate case can interdict the...is under way or final report under Section 173(2) has been forwarded to the Magistrate, may be a fit case for exercise of power under Section 482 CrPC or under Articles 226/227 of the...

...Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the...exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall...Section 227 of the Code of Criminal Procedure (CrPC). We say so because even according to the State, the investigation is over and charge sheet is ready to be filed before the competent court. In such...

...determination was whether the first information report for offences which were not compoundable, could be quashed either under Section 482 CrPC or under Article 226 of the Constitution when the accused and the...parties had been settled, the more pragmatic view would be to exercise powers under Section 482 CrPC or Article 226 of the Constitution to bring an end to such litigation...necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases and at the stage of an application under Section 482 CrPC all that was required to be...

...character of sterling quality, the width of the powers of the High Court under Section 482 of the Code and Article 226 of the Constitution is unlimited whereunder in the interests of...of the Constitution or under Section 482 CrPC to challenge the complaint filed by the respondent.4. Learned counsel for the respondent, however, contends that even...1992 Supp (1) SCC 335.”3. Based on the above it is argued that it is open to the petitioner to invoke the jurisdiction of the High Court under Article 226...