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...Section 201 Cr. P.C and it erred in acquitting the accused.4. It is necessary for the purpose of this case to refer to Section 201 ...it violated the provisions of Section 201 Cr. P.C The order of acquittal is accordingly set aside. In the result, the Criminal Appeal is allowed and the court below is...Section 22-A of the Minimum Wages Act for breach of rule 21 AA of the Minimum Wages (Central) Rules 1950 alleging...
...provisions of Section 322 Cr. P.C are not applicable in the present case, rather the provisions of Section 201 Cr. P.C are applicable....3. Section 201 Cr. P.C provides that if a complaint is made to the Magistrate who is not competent to take cognizance of the offences, he shall return it for...no jurisdiction then on these cases, Section 201 Cr. P.C covers, the field and not Section 322 Cr. P.C The same view has been taken ...
...Section 201 of Cr. P.C for presentation to the proper court. As the order in question has been passed by him without having jurisdiction for taking cognizance of the offence alleged in...issue notice to the complainant and to return the complaint to the complainant for presentation to the proper court as per the provisions of Section 201 Cr. P.C The matter is disposed of ...
...enquiry under Section 201 Cr. P.C is perfectly in accordance with the provisions of law under the Code of Criminal Procedure.7. The revision petition does...Section 203 Cr. P.C there is no scope to take cognizance on the basis of second complaint for the same facts.5. In his support he has pressed the impugned order...and the cognizance was taken.6. The impugned order itself speaks that the first complaint was not dismissed under Section 203 Cr. P.C rather it was dismissed...
...trial, conducted under the Code by a Magistrate or Court. Merely on the basis of the definition of inquiry under the Cr. P.C, it would not be possible to hold that the inquiry under the Act has to commence in the Court of the Magist...take cognizance of the offence should have returned it for presentation to the Court with endorsement to that effect as provided under Section 201 Cr. P.C and he could not.... Merely on account of definition of inquiry under section 2(g) of the Cr. P.C it is not possible to come to a conclusion straightaway that in the cases coming under the Act...
...starts with section 200, Cr. P.C section 200 speaks of the examination of the complainant. Section 201 Cr. P.C speaks of the...Magistrate has to follow and section 202, Cr. P.C is postponement of issue of process to the accused and investigate the matter either himself or through agency.3...without following the proviso to sub-section (2) of section 202, Cr, P.C which provides that if it appears to the Magistrate that the offence complained of is triable...
...) appeared before the Court and filed an application raising a preliminary objection under Section 201, Cr. P.C contending that the Court at Madras had no territorial...have to be tried only at Bombay Court under Section 177, Cr. P.C Hence, the petitioners filed an application requesting the trial Court to return to the complainant for the presentation of the co...would attract the offences under the Act, the complaint was filed against all the three before the trial Court at Madras.”7. The petition under Section 201, Cr. P.C has...
...to Rs. 250/- and the permission is given by the Court, where the case is pending. Since the allegations against the petitioner No.1 in the FIR are such that offence under Section 408 Cr. P.C. is not compoundable in the pres...
1) The petitioners have filed the present petition under Section 482 Cr. P.C. for quashing the charge sheet titled, "State of J&K vs. Bhawani Kaintura", beari....
4) Heard and considered.
5) Offence under Section 408 Cr. P.C. is compoundable only if the value of the property does not exceed...
...Section 201, Cr. P.C. or dismissing it on the finding that no schedule offence appears to have been made out. In case the Special Judge arrives at the conclusion that Schedule offence...according to the provisions of Section 205, Cr. P.C.
3. With these observations revision is disposed of finally.
4. A copy of this order be issued...Section 392, I.P.C. is made out. Then it is argued that since no schedule offence is made out from the complainant, the Special Judge had no jurisdiction to entertain the complaint...
...Narayan Mathur, all officers of the Bank were involved and that this extraneous material was used by the Judicial Magistrate to reject the application under Section 201 Cr. P.C Shri...is alleged that the learned Magistrate, while dismissing the criminal complaint under Section 201 Cr. P.C referred to a criminal case in which Sarva Shri R.C Gurnani...Section 408 Cr. P.C were based on the extraneous material used by the Judicial Magistrate for dismissing the application under Section 201 Cr. ...
...under Section 201 Cr. P.C to be presented before the proper court having jurisdiction.6. Thereupon the complaint was returned to the complainant who filed the...according to him does not vitiate the proceedings. Relying on Section 460(e) Cr. P.C, he urges that if any Magistrate not empowered by law to take cognizance of an offence...Judicial Magistrate, Deedwana are protected under Section 460(e) Cr. P.C The case is at the initial stage. The provisions of Section 460 Cr. ...
...not being clothed with the power of prosecution under the Act, discharge of the petitioners does not amount to their acquittal.
7. Section 201 Cr. P.C. prescribes...the proper Court. As the course open to the Magistrate was to have directed the Excise Inspector to present the complaint before the proper Court as provided under Section 201, of the Cr. P.C. and...acquittal and hence the Court ought to have discharged the accused under Section 227 Cr. P.C.
4. Contention of the petitioners is that the Magistrate could have...
...petitioners does not amount to their acquittal.6. Section 201 Cr. P.C Prescribes the procedure when a Magistrate is not competent to take cognizance of the case. When the complaint is...the complaint before the proper Court as provided under Section 201 of the Cr. P.C and as the Act is eloquent to the absence of committal proceedings, taking cognizance of the offence by the magistrate...Court ought to have discharged the accused under Section 227 Cr. P.C3. Contention of the petitioners is that the Magistrate could have taken cognizance of the offence even if the Excise...
...jurisdiction to entertain it, what the Magistrate concerned had to do was to return the complaint for presentation to the proper court (vide Section 201, Cr. P.C). However...324 and 447 Indian Penal Code. The learned Sub-Magistrate examined the complainant (Section 200, Cr. P.C) and registered a case under the said sections against seven of the accused persons...Code was never extended to cases of territorial jurisdiction—with reference to which there is a special section (Section 201, Crl. P.C)—but was always limited to cases where a Magistrate was...
...of the Code of Criminal Procedure, that the case should be sent to the Court of Chief Judicial Magistrate, Ajmer or he should have returned the case under section 201 Cr. P.C for...the case, he must have returned the complaint under s. 201 Cr. P.C and cannot proceed under s. 346 Cr. P.C It was further observed that under s. 346 the Magistrate acts only when he takes cognizance of...Magistrate is not competent to take cognizance which expression is used in s. 201 Cr. P.C, but applies to cases where, although the Magistrate competent to take cognizance he feels that the case should not...
...tried by such Court and when no Court is so mentioned, may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable. Section 201, Cr. ...Magistrate within territorial limits of Jodhpur where a Special Court has been established under Sec. 14 of Act No. 33 of 1989 then in such a situation, within the meaning of Sec. 201, Cr. P.C if the...under Act No. 33 of 1989 before a Magistrate within the territorial limits of Jodhpur and such complaint is made in writing, then, he is under legal obligation under Sec. 201, Cr. P.C to return such...
...substance of the examination of the accused, that
Section 463 Cr. P.C. even permits a court when such statement is tendered or received in evidence, and it is found by it that the
...v. The State, :
"THAT
section 281 Cr P.C. makes it clear beyond doubt that while the court of Session and all Magistrates...place in Chapter XXIII of the Cr. P.C. The said chapter lays down the mode of taking and recording evidence in enquiries and trials. S. 281(1) provides that whenever the accused is examined by a Met...
... read Section 201 of
Cr. P.C.
2. Heard the learned Advocates for the parties.
3. Having regard to the facts and circumstances of
the case, the delay occurred in filing the... application has been filed by the
applicant seeking condonation of delay of 85 days
occurred in filing the Criminal Revision Application
No.440 of 2020 under Section 397...
...is clearly stipulated under Section 201 Cr. P.C which reads:“If the complaint is made to a Magistrate who is not competent to take cognizance of the offence...necessary endorsement as provided under Section 201(1) Cr. P.C for presentation to the proper Court....Section 245 Cr. P.C to discharge the accused persons on the ground that the said Court has no territorial jurisdiction to try the cases as the registered offices of those companies...
...5.12.2007 passed by Judicial Magistrate, Roorkee observing therein that the Magistrate by dismissing the complaint under the provisions of section 203 of Cr. P.C has not committed any illegality....complainant to the proper Court.7. Perusal of the aforesaid provisions of section 201 of Cr. P.C makes picture very clear that if the complaint is made to a...instead of dismissing the same under the provisions of section 203 of Cr. P.C The learned Magistrate as well as learned Sessions Judge thus have committed an illegality by ignoring the ...