...before this court the learned counsel submitted that he would confine the relief only to Section 205, Cr. P.C to the stage under Section 251, Cr. P.C...guilt or otherwise under Section 251, Cr. P.C through a Pleader;ii) Whether the discretion rejecting the request of the petitioner to answer the plea through a.... Section 205, Cr. P.C is a general provision from the scope of which Section 251 has not been exempted. Therefore in a summons case, the accused has been exempted from personal attendanc...

.../2006 respectively whereby, the learned S.D.J.M Pakur rejected the petitions filed by the petitioner purported to be under Section 251 Cr. P.C for discharge of the...realize the agreemental value.6. Thus, in view of the subsequent development, a petition under Section 251 Cr. P.C was filed by the accused/petitioner before the...petitioner/accused said to be under Section 251 Cr. P.C was itself not maintainable in the eyes of law. He further submitted that the case was a summons trial and in summons...

...Section 251 Cr. P.C against the petitioner arrayed as accused No. 3.2. The brief facts stated are that a complaint under...application moved by the petitioner under Section 245(2) Cr. P.C and issued notice under Section 251 Cr. P.C against the petitioner...under Section 251 Cr. P.C that the petitioner does not plead guilty and the cheques in question does not bear his signatures. It is further submitted that the petitioner is...

...asked as to why he (accused) should not be sentenced. The Magistrate has not asked whether he pleads guilty or has any defence to make. Section 251 Cr. P.C, 1973 reads as...Section 251 Cr. P.C, 1973.4. The learned State Public Prosecutor pointed out that any error or omission or irregularity in a charge which necessarily includes...Section 464 Cr. P.C, 1973. This proposition is based on the basic fact that the concerned accused has understood what the case of the prosecution was against him and what was the material...

...petitioner is not the Managing Director as claimed in response to the notice under Section 251 Cr. P.C No proceedings can be initiated under section 138 n.i act against him...Section 251 Cr. P.C dated 13.01.2015 has been served upon the petitioner. It is informed that the complainant has examined himself as CW-2 in the proceedings and at present the...S.P Garg, J. (Oral):— Present petition has been filed by the petitioner under Section 482 Cr. P.C to challenge the legality and correctness of orders dated...

...Inspector v. Mohammed, 1980 Ker LT 698, wherein it is laid down that under Section 251, Cr. P.C, the ingredients of the offence stated in the charge or the complaint, as...of State v. Upendranath, (1958) 24 Cut LT 235, Narasimhan, C.J has held that omission to comply with Section 242 (now Section 251), Cr. P.C...Section 251, Cr. P.C In all the above cases full-dress trial had been held and the question of compliance with Section 242 (now Section 251), ...

...24.01.2006 and summon was issued and the accused/petitioner appeared before the learned Court below and released on bail. After examination of the accused under Section 251 Cr. P.C...was examined under Section 251 Cr. P.C on 26.09.2007 and afterwards several dates were given to the complainant for production of the witnesses but the complainant failed to...Section 397/401 of the Code of the Criminal Procedure is filed challenging the order dated 8.12.08 passed by learned Additional Chief Judicial Magistrate, Haldia in connection with CR Case...

...particularly in all trivial and technical cases. Their lordships further held that Section 251 Cr. P.C merely requires answer to the accusation as to whether accused...provisions of section 317 Cr. P.C The court below by order dated 31.5.97 directed the petitioners to remain physically present in the court on 16.6.97 as the case was pending for...Ravi Singh v. State of Bihar (1979 BBCJ 437) has held that benefit of section 205 Cr. P.C should be liberally extended...

...stage of statement under Section 251, Cr. P.C cannot ask the complainant to produce the papers which may be used in defence. The accused will have an opportunity to adduce...object. The accused has no right to ask to produce any document at the stage of statement of the accused. The Court has only to record the statement under Section 251, Cr. P.C...Section 251, Cr. P.C to summon the document from the other party under Section 91, Cr. P.C8. I am forfeited with the view taken by Apex ...

... This petition has been filed challenging the order framing notice dated 10-12-1998 under section 251 Cr. P.C. 2. It is argued by counsel for...(supra) and placed before it any material, circular, rule, regulation, law or judgment which needs attention while framing of notice under section 251 Cr. P.C. 4...the petitioners that the petitioners are being prosecuted for violation under section 142 of the Income Tax Act for...

...17.08.2000 under Section 251 Cr. P.C for the offence under Section 342 I.P.C Thereafter several dates were fixed for evidence but no witness did...appear to be conversant with the procedure to be adopted at the time of examination of the accused under Section 251 of Cr. P.C By order dated 17.08.2000 the learned...Magistrate examined the accused under Section 251 Cr. P.C I am tempted to quote the said order of the learned Magistrate as it appears in the certified copy supplied by the...

...Prosecutor is unable to throw any light on this aspect. 6. I have perused the entire record of this case. The papers relating to the examination of accused under Section 251, Cr. P.C...under Section 251, Cr. P.C. At this stage, it is expedient to have a look at Section 318, Cr. P.C. which reads as under : ...-accused are hereby set aside and the trial Court is directed to conduct a de novo trial from the stage of examination of accused under Section 251, Cr. P.C. and the entire...

...section 251, Cr. P.C According to the appellant usually the Metropolitan Magistrate followed the warrant procedure regarding the trial of the offences punishable under...case without examining the accused persons under section 251, Cr. P.C and there for committed an error by acquitting the accused persons under section...provisions of section 251, Cr. P.C In other words, it has been contended that the plea of the accused regarding the accusation stated against them should have, been taken, prior to the...

...the petitioners directed them to appear in court in person for examination under section 251 cr. P. C. And also to explain the circumstances incriminating against them at the time of examination...manner prescribed thereafter. Under section 251 cr. P. C. , as and when the accused appears in the court pursuant to the summons issued by the magistrate, the magistrate is expected to inform the gist of...difficult to construe how the object of the section is defeated if a pleader duly authorised by the accused appears before the court in the place of the accused at the stage of section 251 cr. P. C...

...Section 251 Cr. P.C are mandatory provisions, and also held that the accused shall be asked whether he pleads guilty or has any defence to make. This Court, considering the facts and circumstances...of the case, had held that the mandatory provisions of Section 251 Cr. P.C had been violated and the case had been remanded for retrial having regard to the gravity of the...been instituted upon a police report. The provisions of Section 240 Cr. P.C specifically lay down that the charge shall be read and explained to the accused and he shall be...

...examined the accused under section 251 Cr. PC in view of the offence under section 465 Cr. PC being triable through summons procedure, and an order to that effect was made on 22nd August, 2007. Then the...the provision of section 251 Cr. PC and examined the accused under that section with respect to the charge under section 465 of the Cr. PC. This is said to be illegal. The second submission which ...procedure to summons procedure and examined the accused under section 251 Cr. PC after finding out from evidence before charge that the other offences which were triable according to warrant procedure...

...possession of the complainant and it was further contended that the accused at the stage of statement under section 251 Cr. P. C. cannot ask the complainant to produce the...only to record the statement under section 251 Cr. P. C. and he can only indicate as to whether he has committed an offence as indicated in the statement or not. Thus, I am...of the view that the accused has no right at the stage of section 251 Cr. P. C. to summon the document from the other party under section 91 Cr. P. C...

...the summoning order dated 5.4.2010 as well as the order dated 18th January, 2012 vide which notice under section 251 Cr. PC. was served on the petitioner during the course of hearing, the prayer...regarding the quashing of summoning order dated 5.4.2010 was not press. The grounds on which the quashing of notice under Section 251 Cr. PC has been sought to be quashed are that the complainant...terms and conditions mentioned in this order sheet then this case shall revive from the stage of framing of notice under Section 251 Cr. PC." 7. Not only that, the...

...aside. Learned trial Court shall take the plea against the accused/petitioners under Section 251 Cr. P.C. and thereafter he shall proceed with the case. The observation made...after service, State did not participate. The grievance of the present petitioners, as ventilated herein, that they have filed an application under Section 239 Cr. P.C...Section 239 Cr. P.C. learned Magistrate proceeded to frame the charge and accordingly charge was framed. Thereafter he has also fixed the date of evidence of the prosecution witnesses...

...matter, the impugned order dated 17th of February, 1986 issuing notice to the petitioner under section 251 Cr. P.C is quashed. The petition is allowed and the petitioner shall stand discharged....dismissed as the court could not take cognizance except on a complaint in writing by the public servant or his superior as envisaged by Section 195 Cr. P.C It would thus be...Malik Sharief-Ud-Din, J.—Mr. Sud was heard. The petitioner was prosecuted on a police report under Section 186 I.P.C but the learned Magistrate has discharged him...