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9. Analogous provision to Section 256 of Code 1973 was contained in Section 247 of Criminal Procedure Code, 1898. ... Judge rejecting the criminal revision against the order of Magistrate dismissing the complaint.
8. Section 256 of Code of ...****
JAGMOHAN BANSAL, J. (Oral)
The petitioners through instant petition under Section 482 Cr.P.C are seeking quashing of impugned order dated 04.08....
...1. The first point for decision in this' case is whether the lower Court had any jurisdiction to acquit the accuser under Section 247 of the Code of Criminal ...with the trial under warrant case procedure, recalling the prosecution witness for examination, for further cross-examination and then eventually acquitted accused under Section 247 of the ...the case by warrant case procedure, had no power to act under Section 247 of the Code of Criminal Procedure, which applies only to cases tried under su...
...section 247 of the Criminal Procedure Code because on the day fixed for the hearing of the case the comp...to section 403 of the Criminal Procedure Code he could try the case again and, having been directed to do so by the...under section 403 of the Criminal Procedure Code the accused persons cannot be again tried. This was the view taken...
..., and on April 28, 1927, the complainant was absent in Court. The accused was also not present. Under section 247 of the Criminal ...another Magistrate. The learned Magistrate held that the accused having been acquitted under section 247 of the Criminal ...complaint. It is urged that though summons was issued, it was not served upon the accused and the trial of the accused had not commenced in the previous proceedings. The wording of section 247 is against the conten...
...Section 247 of the Criminal Procedure Code on the ground that the complainant did not appear on that day inspite ...Criminal Procedure Code was irregular.3. It is further pointed out that the absence of the Police Officer concerned was on sufficient grounds also.4. The main question to be consid...Section 247 of the Code of Criminal Procedure in the present case cannot stand.6. Then coming to the plea that the absence of the Head C...
...Section 247 of the Criminal Procedure Code on 7-9-1972 in that Criirunal Case No. 1015 of 1972. .
....
Section 247 of the Criminal Procedure Code under which the petitioner-accused came to be acqui...evidence was to be recorded, the complainant was absent and so the order was passed under Section 247 of the Criminal ...
...written by the said officer, it seems that he presumably desired to take action under Section 247 of the Criminal Procedure ...Section 247 of the Criminal Procedure Code, it is incumbent on a Magistrate to acquit the accused unless for some...Section 247 of the Criminal Procedure Code, or a complaint as defined by Section 4(1)(...
...the accused under Section 247 of the Code of Criminal Procedure, 1898 (which is applicable to the State of Jammu & Kashmir even now. It will hereinafter be referred to as “th...complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.”15. Section 256 of the Code of Criminal Procedure,...adopted a “grammatical construction” of Section 247 of the old Code in the following words:“On a grammatical construction of Section 247 the inte...
...Code.3. His complaint was registered. Before the trial, it was reported that Doddakavalappa died. The learned Magistrate acquitted the petitioners under Section 247 of the Code of ...under Section 247, Code of Criminal Procedure, in respect of the same facts and offences in C.C Ss. 388 of 1967. Acquittal under ...1. This is a reference under Section 438, Criminal Procedure Code by the Sessions Judge, Tumkur...
...1. This petition under Section 561-A of the Code of Criminal procedure must be dismissed on the short ground that the learned Magistrate was justified in dis...Section 561-A of the Code of Criminal procedure.
3. Section 247 of the Code of ...governed by the provisions of Section 247 of the Code of Criminal Procedure and not by the provisions of section 259, and it seems to...
...Section 247, Criminal Procedure Code, had not been set aside. In the first case neither the complainant nor the accused ap...Section 247, Criminal Procedure Code." The effect of Section 247, undoubtedly, is that the orde...I should be justified in confining the effect of an acquittal under Section 247, Criminal Procedure Code only to...
...acquitted him under section 247, Criminal Procedure Code, on the ground of the absence of the complainan...provisions of section 403, Criminal Procedure Code, the acquittal by the Magistrate on the charge under ...1. In this case the petitioner was originally summoned to answer a charge under section 426, Indian Penal Code. During the pendency of that care the Magistrate...
...1. This is an appeal by special leave under Section 417 (3) of the Criminal Procedure Code from an order of Shri Bhargava, Second Class Magistrate, Khandwa, ...counsel for the accused asked the Court to pass an order of acquittal under Section 247 of the Criminal procedure ...passed an order on 27th February, 1961 acquitting the respondents under Section 247 because of the absence of the complainant on 17th February, 1931.
3. This appeal must be allowed. It would appear...
...1. In this State appeal directed against the acquittal under Section 247 Criminal Procedure Code of a...under the Act is a complaint for the purposes of Section 247 of the Criminal Procedure Code and second w...circumstances of the present case the order of acquittal under Section 247 was proper, even if the Excise Officer's report is a complaint.
2. There is already a decision of this...
...provisions of Section 247. Criminal Procedure Code nor justified by the circumstances of the case. In th...305) to Which one of us was a party. On adverting to the provisions of Section 247. Criminal Procedure ...the trial so that justice be done to the parties. Dealing with Section 247 of the Code of Criminal Procedure, it was further observed as follows:—...
...Officer was present and that there is nothing to show from the order of the Magistrate that he had made the order under section 247 of the Code of Criminal ...also argued by the learned Public Prosecutor that the report or the charge-sheet filed by the Sub-Inspector is not a complaint within the meaning of Section 4(1)(h) to the Code of ...the learned Additional Public Prosecutor that the Magistrate has not stated in his order under which section of the Criminal Procedure ...
...This is an application to revise the order of acquittal passed by the Stationary Sub Magistrate of Chingleput in C.C No. 2470 of 1946 on his file under section 247 of ...the legal position as to the applicability to section 247 of the Code of Criminal Procedure to the facts that transpired, is perfectly clear and free from doubt...247 of the Code of Criminal Procedure, acquitted the respondents-accused.In the affidavit filed by the petitioner in this court in this case, it is alleged that on that day...
...256 of Code 1973 was contained in Section 247 of Criminal Procedure Code, 1898. In Section 247 the proviso was added in 1955 saying that “where the Magistrate i...Court. In the above context this Court considered the pari materia provisions of the Criminal Procedure Code, 1898 with regard to Section 247 (now Section 256) it was specifically held th.... (AIR 1967 SC 983) with reference to Section 495 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the ‘Old Code’) it was held that the Magistrate had the power to ...
...Section 247, Criminal Procedure Code, the accused of the offence punishable under...Section 247 Criminal Procedure Code the learned Magistrate passed the impugned order acquitting the respondent ...to pass the order because the condition precedent to the passing of an order under Section 247 Criminal Procedure ...
...Section 247 of the Criminal Procedure Code.
3. A preliminary point was raised by Mr. Thakore, t...247 of the Criminal Procedure Code by Shri K. H. Damani, City Magistrate, 7th Court, Ahmedabad, in Criminal Case No. 1554 of 1966 on the ground that the complainant was not present wh...under Section 323 of the Indian Penal Code. The procedure contemplated under Chapter XX of the Criminal Procedure Code in respect of trial ...