CiteTEXT
...of justice.
4. Section 173(5) of Criminal Procedure Code, 1973 (hereinafter referred to as the Code for convenience) provides...(report under Section 173 of Code) is in respect of a case to which Section 170 applies, he police officer shall forward to the Magistrate along with, the report : (a) a...persons whom the prosecution proposes to examine as its witnesses.
5. section 207 of the code provides that "in any case where the proceeding has been initiated on a police report, the...
...Special Judge is on the face of it illegal and contrary to the provisions of Section 173(5) of the Code of Criminal Procedure. It is his contention that normall...Section 173 of the Code of Criminal Procedure, 1973.2. The Special Court (Trial of Offences Relating to Transactions in Securities) at Bombay by judgm...the Magistrate, but if there is some omission, it would not mean that the remaining documents cannot be produced subsequently. Analogous provision under Section 173(4) of the Code of Criminal ...
...cognizance that the statement of witnesses recorded under section 161 of the Criminal Procedure Code and all doc...the Criminal Procedure Code. It is contended that in accordance with the established decision, a police report as mentioned in section 173(2) of the Criminal ...effect that a police report as mentioned in section 173(2) of the Criminal Procedure Code itself is sufficient for taking cognizance of an offence and the omis...
...learned Magistrate has dismissed the petition on an erroneous ground that there is no such provision in the Code of Criminal Procedure for furnishing copies of enlarged photographs. ...) of the Code of Criminal Procedure reads as follows:“all documents or relevant extract thereof on which the prosecution proposes to rely other than those.... Therefore, the documents required by the petitioner come within the provisions of Section 173 (5) (a) Cr.P.C therefore, the accused/petitioner is entitled to copies of...
...Section 173(8) of Cr.P.C5) Sub-section (8) of Section 173 of Code of Criminal Procedure does not require any permissio...of 1995, was registered against the accused/respondent no. 2 Ram Kumar Gupta, in respect of offences punishable under Section 380, 409 of I.P.C and one punishable under...Section 3 sub-section (1) Of Official Securities Act, at police Station-Kotwali Almora, District-Almora.4) The matter pertains to incident which is 23 years old...
...Metropolitan Magistrate while taking cognizance simply perused the chargesheet but did not avert to the accompaniments of the chargesheet which was an infraction of sub-section (5) of ...simply perused the chargesheet and took cognizance which was certainly an infraction of sub-section (5) of section 173 of the Code of Criminal...also there was no infraction of the provisions of section 173(5) of the Criminal Procedure Code, as claimed by the petitioner....
...the learned Magistrate himself to find out from the evidence submitted to him under Section 173(5) of the Code of Criminal Procedure on which date the ...Magistrate who shall examine all the evidence before him under Section 173(5) of the Code of Criminal Procedure and shall examine the other evidence al...Section 239 of the Code of Criminal Procedure and then he shall either discharge the opposite-parties 2 and 3 or proceed with the case against them....
...under Section 482 of Code
of Criminal Procedure for issuing directions to respondents No. 1 to 5 to file
the report under Section 173 .../Challan against
Respondents No. 6 to 8 in FIR No. 0444 dated 25.11.2019, nder Section 420
& 120-B of Indian Penal Code, 1860, registered at Police Station...
201/2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-31361-2024 Date of Decision...
...submissions.
(4) It appears from the materials on record that dna test was done at the behest of the investigating agency and in terms of section 54a of the code of ...the code of criminal procedure, accordingly, the...materials on record.
(2) Mr. Basu submitted that the present petitioner has been facing his trial for an offence punishable under section 376 of the indian penal code before the learned...
...deceased Servar were complete according to Section 173 (5) of Criminal Procedure Code. Still you granted bail to them only because the post mortem report ...referred under Section 173 (5) of the Criminal Procedure Code were not filed along with charge-sheet, the charge-sheet could not be deemed to have been submitt...time. In fact in Venkatareddy's case the Magistrate examined the charge-sheet and papers filed with it and not finding them in conformity with Section 173(5) of the Criminal ...
...its power under Article 226 of the Constitution of India or otherwise. Even such an order of reinvestigation or further investigation is not contemplated under Section 173(8) of the Code ...filed which is to deal with all matters relating to the trial of the accused, including matters falling within the scope of Section 173(8) of the Code of Criminal ...was not impermissible in law, the main plank of submission of Mr Rao that whereas in terms of Section 173(8) of the Code of Criminal Procedure further investiga...
...question of fact.”14. Sub-section (5) of section 173 of Criminal Procedure Code reads as under:“Report of police officer ...provisions that a valuable right is available to an accused under section 162 of Criminal Procedure Code, to confront a pr.... Section 173(5)(b), so also, section 207(iii) of Criminal Procedure Code refer to the statements of persons to whom the prosecution proposes ...
...Tirthankar Ghosh, J.:— Mr. Majumder, learned advocate appearing for the petitioner is aggrieved in respect of non-compliance of the provision of Section 207 of the Code ...the Code of Criminal Procedure was never supplied to him along with viscera report. Such point was canvassed before the...upon it during the course of trial.5. I have considered the submissions advanced by all the parties and I find this case was initiated in the year 1999 and the charge sheet...
...petitioner being the accused is entitled to get copy of the First Information Report recorded under Section 154 of the Code of Criminal Procedure. Moreover, th...the Code of Criminal Procedure. It is also relevant to quote the provision of Section 173(5) of...the Code of Criminal Procedure, which is as follows:—“173……(5) When such report is in respect of a case to which section 170...
...all the documents collected during investigation form part of the final report submitted by the Special Police Establishment in terms of sub-section (5) of Section 173 of the ..., sub-section (5) of Section 173 of the Code of Criminal Procedure shall become meaningless.54. The prosecution, having regard ...:(i) The High Court committed a serious error in opining that an order of sanction in terms of Section 197 of the Code of Criminal Procedure was...
...Prosecutor under Section 173(5) read with Section 311 of the Code of Criminal Procedure, 1973 (hereinafter being referred to as “CrPC”) for summoning the witnesses along...application filed under Section 173(5) read with Section 311 CrPC when the trial reached the stage of hearing and contended that the witnesses cited to be summoned for the purpose of examining the...Ajay Rastogi, J.— Leave granted. Respondents 1 to 3 are facing criminal trial in Sessions Case No. 538 of 2004 for offences under Sections 498-A, 304-B, 302 read with Section...
...that stage because copies are prepared thereform for supply as contemplated under section 173(5) of the Code of Criminal Procedure (hereinafter referred...cognizance on the chargesheet alone in the absence of other documents as contemplated under section 173(5) of the Code is bad in law and cannot be sustained. In support ...sub-section (5) of section 173 of the Code is bad in law. The same view has been expressed by this Court in Satya Ranjan Pal's case (supra) and also by the Andh...
...under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such
...under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final...file and file a final report within a period of six months from the date of the receipt of a copy of this Order.
5. This Criminal Original Petition is disposed ...
...relation to commission of cognizable or non-cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure ...Station,
Trichy City. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent No.2 to file...the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final report in the present case is inordinate and unjustified...
...Additional Chief Judicial Magistrate, Baruipur to supply the copy of the charge sheet and other documents under Section 173(5) of the Code of Criminal Procedure to the a...Jaynagar Police Station Case No.239 dated 30thMarch, 2022 under Sections 447/341/323/325/307/354/427/506/34 of the Indian Penal Code. The petitioner appears in person...charge sheet against the petitioner under Sections 447/341/323/354/506/34 of the Indian Penal Code.
On careful perusal of the supplementary affidavit it is...