CiteTEXT
...:“… 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...
...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...
...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 compounding of the offence as...power and authority of the High Court to exercise jurisdiction under Section 482 CrPC or under Article 226 of the Constitution to quash offences which are not compoundable. The law stated in the said...under Section 482 CrPC or under Article 226 of the Constitution is with the court which has to exercise such jurisdiction in the facts of each case. It has been explained that the said power is in no way...
...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...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....
...quashed by the High Court in exercise of powers under Section 482 CrPC or Article 226 of the Constitution has been laid down by this Court in...canvassed by Shri Rohatgi, it may also be pointed out that in para 29 of the same decision it has been observed that the width of the powers of the High Court under Section 482 CrPC and Article 226 of...the powers of the High Court under Section 482 CrPC and Article 226 of the Constitution is unlimited whereunder in the interest of justice the High Court could make such order as may be required to...
...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 the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied...avail of his alternate 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...ensure proper investigation into the alleged offence under Section 156(3) CrPC and if he deems it necessary, he can also recommend to the SSP/SP concerned a change of the investigating officer, so...
...State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335, had elaborately considered the scope and ambit of Section 482 CrPC/Article 226...SCC OnLine All 5929 by which the application under Section 482 CrPC filed by the appellant-accused to quash the proceedings of Complaint Case No. 1 of 2017 has been rejected. Aggrieved...under CrPC against both the parties to maintain peace at the spot.2.3. On 29-8-2016, an application under Section 156(3) CrPC was filed by the complainant Sajjad Quraishi...
...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 High Court under Section 482 CrPC or under Article 226 of the Constitution for quashing of the FIR. In Bhajan Lal 1992 Supp (1...to mention certain category of cases by way of illustration wherein the extraordinary power under Article 226 of the Constitution or inherent power under Section 482 CrPC could be exercised either to...it into Section 438 CrPC proceedings, keeping in mind that when this provision is specifically omitted in the State of Uttar Pradesh, it cannot be resorted to as backdoor entry via Article 226. On the...
....) No. 5600 of 2020]
456
H.
Jurisdiction of the High Court under Article 226 and Section 482 CrPC
457
I.
Prima...Bench of the Bombay High Court, while 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...lead to the jurisdiction of the High Court under Article 226 being extended to grant the remedy of an application for bail, which is already available under Section 439 CrPC...
...Court in a catena of decisions that the power under Article 226 of the Constitution and/or under Section 482 CrPC to quash the FIR at the threshold is required to be exercised sparingly. It is..., the same can be quashed in exercise of powers under Article 226 of the Constitution or in exercise of powers under Section 482 CrPC. In that case, the complaint case will proceed further in accordance...with the provisions of the CrPC.18.1. As observed and held by this Court in a catena of decisions, inherent jurisdiction under Section 482 CrPC and/or under Article 226...
...under Section 482 CrPC of Article 226 of the Constitution is discretionary to be exercised in the facts of each case. In the facts of this case we are of the view that continuing with the criminal...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 Kerala at...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. The petition...
...were found to be in contravention to Section 438 CrPC and hence the High Court rightly declined the stay sought for under Article 226 of the Constitution of India.9. Shri...226 of the Constitution of India, since the provision for the grant of anticipatory bail under Section 438 CrPC was consciously omitted by the State Legislature. The legislative intention is...ensure that such a power under Article 226 is not to be exercised liberally so as to convert it into Section 438 CrPC proceedings, keeping in mind that when this provision is specifically omitted in...
...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 expressly states that ...under Section 320(2) CrPC, was dismissed by the trial court on the ground that Section 471 read with Section 468 IPC is a non-compoundable offence.5. Thereafter, the...respondents approached the High Court, invoking its power under Section 482 of the Criminal Procedure Code, 1973 (in short “CrPC”) for quashing FIR No. SIA-2001-E-0006 dated 28-12-2001 and also the resultant...
...trial court can consider the pleas of the accused under Section 227 CrPC but at this stage neither can the investigation be challenged in these appeals nor can the sufficiency of the evidence be gone...Section 132(1) CrPC sanction of the State Government has been obtained, the question whether the Executive Magistrate is protected under Section 129 CrPC is a matter of defence in the trial and...merged into one group and resorted to indiscriminate firing; in any event they are not entitled to the benefit of Section 132(2) CrPC which is applicable only to the Armed Forces; further the police...
...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...
...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...at the stage of an application under Section 482 CrPC all that was required to be seen was whether necessary allegations existed in the complaint to make out an offence as alleged...
...private complaint was filed under Section 200 read with Section 190 CrPC on 23 September, 2015 before the learned Magistrate for taking cognizance of the offence committed by the 2 respondent before...Saket Court, Delhi wherein it was directed to the concerned Police Station to register the FIR under Section 156(3) CrPC vide Order dated 15 November, 2016 that came to be challenged by the 2...Section 156(3) CrPC came to be registered against the 2 respondent and the broker Mr. Ashok Kumar under Sections 420, 406 and 34 IPC on 28 April, 2017.7. The Investigation...