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...Sections 244, 245 and 246 of Code of Criminal Procedure, which exclusively deal with the question of discharge. It also appears that under Section 245(..., Cr.P.C, it is incumbent upon the Magistrate to record some evidence, though not the entire evidence, under Section 244 Cr.P C. the case for framing of charges under...necessary for exercise of powers under Section 245(2) Cr.P.C This power can be exercised even at the stage where the statement of the complainant is recorded or taken in the form...
...S.T. No. 244 of 2008 ( State Vs. Sunil & another), under Section 376(2)G IPC, Case Crime No. 132 of 2007, Police Station Tharwai, District Allahabad.
Learned...30.3.2009, and applicants heard on 31.8.2015 and a date for judgment was fixed for 10.9.2015 whereafter charge was altered with introduction of Section 376(2)g IPC on 10.9.2015 itself. Thereafter the....
The defence has an indefeasible right under Section 217 Cr.P,.C. to examine any witness, unless such examination or recall of witness is attributable to delay or would defeat the ends of justi...
...proceeding as a 'victim' within the meaning ascribed to the term under Section 2(wa) of the Cr.P.-C.
3. After encapsulating in detail the provisions of Sections ..., (2019) 2 SCC 752, an ongoing debate whether the right of the victim to file an appeal against acquittal in a complaint case would fall under Section...
CRM-A-244-2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT...
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...discharge before the trial Court. The learned Magistrate has to consider the evidence that may be placed under Section 244 of Cr.P C. and thereafter, pass an appropriate order...Section 244 of Cr.P.C in order to enable Magistrate to consider whether it is a fit case to frame charges against him. In such an eventuality, the Court should also consider the reasonableness ...respondent No. 2. Perused the records.2. Respondent No. 1 has filed a private complaint in PCR No. 207/2015. The Magistrate after taking cognizance, recorded the sworn statement of complainant...
...person, who was cited as an accused now proposed to be examined as prosecution witness. Earlier a petition has been filed in C.M.P. No.692 of 2021 under Section 244(2) Cr.P.C. to examine the said Nagaraj.... 3. The learned Additional Public Prosecutor submitted that in this case, earlier, a petition filed by the prosecution in C.M.P.No.692 of 2021 under Section 244(2) Cr.P.C...Nagaraj, who was previously shown as A2 in the case. 2. The contention of the petitioner is that the said Nagaraj was shown as A2 in this case and facing trial. At that...
.... 244/2022 in CC No.18/2014 is under challenge in this Crl.M.C.
2. The petitioner is the accused No.2 in CC No.18/2014 on the files of the court below. The offences...alleged are punishable under section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 r/w sections 120B and 109 of IPC.
3. The prosecution case in short is that...prosecution filed a petition as Crl.M.P. No.244/2022 invoking S.91 of Cr.P,.C. to issue summons to the then Chairman and the Managing Director respectively of the company to produce certificate u/s 65B(4...
...), against an order of acquittal passed in a case instituted upon a private complaint, by treating the complainant in such a proceeding as a 'victim' within the meaning ascribed to the term under Section 2...(wa) of the Cr.P.-C.
1
3. After encapsulating in detail the provisions of Sections 2(d..., (2019) 2 SCC 752, an ongoing debate whether the right of the victim to file an appeal against acquittal in a complaint case would fall under Section 372 o...
...complainant in such a proceeding as a 'victim' within the meaning ascribed to the term under Section 2(wa) of the Cr.P.-C.
3. After encapsulating in detail the...
CHANDIGARH
244(1)
CRM-A-468-2020 (O&M) Date of Decision: 08.07.2025 Hem Lata...accused/respondent.
2. Shorn off the factual matrix of the present case, it is suffice to notice that in the recent mandate of law laid down by Hon'ble the Apex...
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...complainant in such a proceeding as a 'victim' within the meaning ascribed to the term under Section 2(wa) of the Cr.P.-C.
3. After encapsulating in detail the...
CHANDIGARH
244(2)
CRM-A-493-2020 (O&M) Date of Decision: 08.07.2025 Hem Lata...accused/respondent.
2. Shorn off the factual matrix of the present case, it is suffice to notice that in the recent mandate of law laid down by Hon'ble the Apex...
...- Section 245 Cr.P,C. does not contemplate that the Corut can take the power to close the prosecution against the will of the comla???? nant who was, prepared with the prosecution by giving...Magistrate is, of course, competent to discharged the accused under Section 245 (2) even at an earlier stage if he records finding that the facts do not consu???l a criminal oftence before the evidence...1. Sri K.V Ramana Rao, the learned Counsel for the petitioners contends that the order passed by the lower Court is not in accordance with the provisions of Section 245 Cr.P.C...
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...A.V Chandrashekara, J.:— Petitioner is the 3rd accused in a criminal case in Crime No. 244/12 on the file of Nelamangala police station. After concluding investigation, charge sheet has...25 and 27 of the Arms Act. Petitioner is in judicial custody since December 2012. This is the third bail application filed under Section 439, Cr.P.C after dismissal...of similar bail applications filed in Crl.P.6832/13 and Crl.P.1961/14 disposed of on 18.9.2013 and 15.7.2014 respectively.2. The case on hand relates to the murder of one person by...
...on 18-11 -1996 final report was submitted in the court of learned Chief Judicial Magistrate, Jammu. In the report it was stated that respondent No. 2 had committed an offence under section 302 RPC...under sections 243, 245,247 or 248 of code of criminal procedure, 89, or hear him in his defence under section 244 of the said Code; orb) frame in writting a...Magistrate had not even cared to peruse section 549 Cr.P.C: and the rules made thereunder. He formed the opinion without recording any reason to commit respondent No.2 for the purpose of withstanding his...
...
Sessions Case No.244 of 2012. By the impugned Judgment and Order the Appellant was convicted for commission of offence punishable under section 302 ...imprisonment for life with a fine of Rs.500/- and in default to suffer rigorous imprisonment of one month. The Appellant was granted benefit of set off under section 428 of Cr.P.C...examined five witnesses. P.W.1 Balasaheb Tolaji Shinde, was the first informant. P.W.2 Chhabi Laxman Pawar was the sister of the deceased. She claimed to be an eyewitness to the incident. P.W.3 Anu Rajiram...
...; Criminal petition is filed under Secticn 482 of Code of Crimi- rl procedure, 1973 (for short ,Cr.p.( ). ) to quash the proceedirrlls against the petitioners/ accused \Ics. 1 and 2 in Crime Nr_, 244 ...
Between:
l.A. NO:2 oF2024
Petition under Section 482 of Cr.P.C Praying that in the circumstances stated in...
o adopting the reasoning contained therein. The proceedings against the pctitioners / accused Nos.1 and 2 in Crime No.244 of 2024 on the lile of Adilabad I Town Police Station, Adilabad...
...Section 304-A of Indian Penal Code. All sentences shall run concurrently." 2. Briefly stated facts necessary for adjudication of the present case are that on 31.3.2002, petitioner-accused...filed appeal under Section 374 Cr.P . C before the learned Additional Sessions Judge, FTC, Solan P , District Solan, HP, which was dismissed and judgment of learned . trial court...petition filed under Section
397 Cr.P h C read with Section 401 Cr.PC, is directed against the
ijudg...
...Court in view of bar contained in Section 397(2) of the Code of Criminal Procedure, 1973 is involved in all these petitions.
2. Heard Shri B.V. Acharya, Shri..., 13(1) Crl.R.P.No.244/2017 397 & 401 12 ((d) R/w. Sec.13(2) (Spl.C.C.No.101/2013) Cr.P.C of PC Act
Crl.R.P.No.290/2017...Supreme Court;
v) though Sub Section (2) of Section 397 Cr.P.C. places an embargo from entertaining a revision petition, all orders cannot be classified only under two...