...no.1. 3. The notice under Section 251 Cr.P.C. has not yet been framed and the case is listed before the learned Trial Court on 24 th January, 2014...Section 251 Cr.P.C. in terms of the law laid down in the following judgments: (i) In Krishna Kumar Variar v. Share Shoppe...is the bounden duty of the Trial Court in Section 251 Cr.P.C. to satisfy whether the offence against the accused is made out or not and to discharge the accused if no case...

...-examination of the accused under Section 251 Cr.P.C. after his appearance on summons and having supplied copies of documents and before commencement of trial. It is not his case that he wants to...consequent to the dismissal order of court below in impugning the same is that the very proceedings are invalid for the non-compliance of the mandatory requirement of Section 251 Cr.P.C. which says...not complied with from use of word ‘shall’ from first part of Section 251 Cr.P.C. concerned, leave about the second part of the Section gives discretion to the Magistrate by use of word...

...stage of framing of notice under Section 251 of the Cr.P.C It is also directed that at that stage the Metropolitan Magistrate shall consider them and pass a speaking order. The operative portion of the...before the learned Metropolitan Magistrate at the stage of framing of notice under Section 251 Cr.P.C whereupon the learned Metropolitan Magistrate shall consider them and pass a speaking order. The...learned Magistrate shall frame the notice under Section 251 Cr.P.C only upon satisfaction that a prima facie case is made out against the petitioners. The learned Magistrate shall be empowered to...

.... Manoj), under Section - 125 Cr.P.C., Police Station - Badlapur, District - Jaunpur, whereby the application filed by applicant under Section - 251 Cr.P.C. has been rejected.... 3. Learned counsel for the applicant submitted that applicant is a deaf and dumb person and he has filed an application under Section - 251 Cr.P.C. in aforesaid case alleging that due to h...Section - 251 Cr.P.C., the Family court concerned is required to state the substance of the case and implications of proceedings to the applicant. It was stated that provisions of...

...Instruments Act, Police Station Orai, District Jalaun. It is submitted by learned counsel for the applicant that applicant has obtained bail. Statement under Section 251 Cr.P.C. has to be...record, application is disposed of with the direction to the applicant to raise this fact before the court concerned at appropriate stage in the statement under Section 251 Cr.P.C.. Accordingly...by the applicant with the prayer to quash the entire proceedings including the impugned summoning order dated 16.03.2016 and non bailable warrant order dated 26.11.2018, under Section 138 Negotiable...

...considering documents and involvement of Neera Aggarwal directed the appearance of the petitioner for taking notice under Section 251 Cr.P.C The petitioner/applicant instead of taking...notice under Section 251 Cr.P.C and putting her defence before the trial Court had been insisting upon the trial Court that she should be discharged. To similar effect the...of ni act were of summary nature and if any accused had a valid defence, the same could be put before the trial Court only after taking notice under Section 251 Cr.P.C and...

...permission to address arguments at the stage of framing of notice under Section 251 Cr.P.C5. Vide order dated 30.01.2017 the learned Chief Metropolitan....6. Consequently, vide order dated 25.03.2017 the learned Chief Metropolitan Magistrate framed notice under Section 251 Cr.P.C against all the accused persons (including...petitioner had right to be heard, however, the trial court has not given him permission to argue while framing of notice under Section 251 Cr.P.C The petitioner on the...

...learned Magistrate in allowing the application under Section 205 Cr.P.C. imposing the conditions for appearing to examinations under Sections 251 Cr.P.C...procedure under section 143 n.i. act, trial commenced for all practical purposes subject to the Section 251 Cr.P.C. examination. 08. Now coming to the...be exercised in deciding the revision. 11. Coming to the scope of Sections 205, 251 and 313 of Cr.P.C.; (a) Section 313(1) of Cr.P.C. mandates personal appearance of the accused for...

... application, on the ground that the petitioner has to undergo examination under Section 251 Cr.P.C. 3. Sri P. Veera Reddy, learned Senior Counsel representin...under Section 251 Cr.P.C., and his duly authorized pleader can be examined under Section 251 Cr.P.C. without insisting for the presence of the petitioner herein, ...petitioner may be asked to give an undertaking that he would not take the plea of prejudice of his being not personally examined under Section 251 Cr.P.C. 5. Section 251 ...

...witnesses under Section 254 Cr.P.C without complying with the mandatory provisions of Section 251 Cr.P.C Section 251 Cr.P.C ...learned counsel for the respondent that the procedure contained in Section 251 Cr.P.C has not been followed in this case before taking evidence. But the omission to state...the above, this Court is inclined to direct the learned IX Metropolitan Magistrate, Saidapet, Chennai to comply with the provisions of Section 251 Cr.P.C and dispose of the...

...notice issued to him under Section 251 Cr.P.C on various grounds. The first contention is that the Magistrate has not applied her mind while entertaining the complaint and..., notice under Section 251 Cr.P.C was issued to him in which wrong Section i.e 461 Cr.P.C has been mentioned instead of ...notice under Section 251 Cr.P.C are quite clear and unambiguous no complaint can be made on that account. It can be clerical/typing mistake also. At the time of issuing...

...251 Cr.P.C has not yet been framed.9. Section 251 Cr.P.C deals with the stage subsequent to issue of process under Section 204...not make out a triable offence, a magistrate cannot state the particulars of non-existing offence for the accused is to be tried. Therefore, it is inherent in Section 251 Cr.P.C that...urge all the pleas before the trial court at the time of notice under Section 251 Cr.P.C This Court is of the opinion that inherent power of this Court under...

...- applicant under Section 251 Cr.P.C. has already been recorded in which she denied the allegation levelled against her. He showed some statements Neutral Citation No. - 2022:AHC:11162...trial and the applicant has turned up before the trial and proceeding is going on. The statement of accused under Section 251 Cr.P.C. has already been recorded and case is fixed for evidence. At this...material available on record. The present application under Section 482 Cr.P.C. has been filed by applicant to quash the summoning order dated 01.12.2020 and entire proceeding of...

...with their defence.5. Procedure for stating substance of accusation to the accused in a sum mons case is laid down in Section 251 Cr.P.C whereas the procedure...summons case and a warrant case. Section 251 Cr.P.C is as under:—“252. Substance of accusation to be stated.When in a summonscase the accused...Article 20 of the Constitution of India is difficult to accept as under Section 251 Cr.P.C itself the accused is ...

..., including for Section 251 Cr.P.C., examination in directing personal appearance therein serves no purpose, when she wants to represent through an Advocate, thereby to that extent non-exercise of...continuously at Nizamabad, for attending personal appearance under Section 251 Cr.P.C., examination, otherwise with no any inability or disability and thereby to dismiss the revision...vital, if at all, to consider, to personally appear and answer, so far as Section 251 of Cr.P.C. examination is concerned, once instructed to represent through an Advocate in contesting the matter, it is...

...submitted that in Notice framed under Section 251 Cr.P.C, the defence of petitioner is clearly put forth and so rejection of petitioner's application leads to miscarriage of....Upon hearing and on perusal of the impugned order, Notice framed under Section 251 Cr.P.C, the Settlement (Annexure P-4) and letter dated 23 September, 2010...examination has to be conducted cannot be appreciated as the stand taken by petitioner in Notice under Section 251 of Cr.P.C makes out a case for cross examination of...

...Section 138 of the Negotiable Instruments Act. I have also perused the notice under Section 251 Cr.P.C g...Negotiable Instruments Act to which the accused persons pleaded not guilty and claimed trial. This notice under Section 251 Cr.P.C was given on 24.5.20035...that the petitioner is challenging the summoning order dated 11.7.2002 and then the notice dated 24.3.2003 under Section 251 Cr.P.C on 7.12.2005, which prima facie is too...

...Magistrate before convicting and sentencing the petitioner did not follow the procedures contemplated under Section 251 of Cr.P.C inasmuch as the petitioner was not given...under Section 251 of Cr.P.C5. I have considered the kind submissions and gone through the judgment cited by the learned counsel for the petitioner. In fact, the....) 485) wherein this Court has also taken a similar stand that the reasonable opportunity as contemplated under Section 251 Cr.P.C should be given to the accused to...

...passed by the learned Metropolitan Magistrate, South East, Saket, New Delhi, in CC No.3071/15, whereby notice under Section 251 Cr.P.C. was framed against the 1...under Section 251 Cr.P.C. 3. Accordingly, during the arguments before the learned Trial Court, counsel for the petitioner has taken the stand that the petitioner is not... 1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks directions thereby to quash the order dated 17.11.2015...

....7. During the course of arguments, learned senior counsel for the petitioner and the counsel for the respondent have informed that notice under Section 251 Cr.P.C is...yet to be framed.8. Section 251 Cr.P.C deals with the stage that is subsequent to issue of process under Section 204 Cr.P.C in...triable offence, a Magistrate cannot state the particulars of non-existing offence for which the accused is to be tried. Therefore, it is inherent in Section 251 Cr.P.C that...