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...Section 346, Cr. P. C., under which, the Magistrate has to send a complaint to another Magistrate. On the point whether Section 346, Cr. Pro. Code would apply to a case where a Magistrate...Section 346, Cr. P. C. applies to a case where the Magistrate feels that he has no territorial jurisdiction. Section 346, Cr. P.C. reads as follows...class Magistrate in the same district. The very fact that the Magistrate acts under Section 346, Cr. P. C. would mean that he has taken a cognisance. It is possible that a...
...weapons and accordingly sent the case on under Section 346(1) of the Criminal Procedure Code to the Joint First Class Magistrate for disposal. The Joint First Class...no part whatever in the rioting, and dismissed the complaint against" him. He referred the case back, under Section 346(2), Criminal Procedure Code, to the Second Class...irrevocably fixed by the Lower Court when it submits the case under Section 346(1) to the superior Magistrate. Section 346(2) reads as follows:
The Magistrate to whom the case is...
...they wanted a de novo trial. That is the order sought to be revised by this reference.
3. The case was undoubtedly transferred under
Section 346, Criminal P. C...the case, whereas in fact they
had. Section 346 does not deal only with transfers on the ground of want of jurisdiction; it deals
with transfers on all grounds. The Bench of
Magistrates could have....
4. It is stated in Section 346 (2) itself that
"the Magistrate to whom the case is submitted may, himself try the case or refer it to any Magistrate for trial...
...enquired into it. Finding that the evidence did not disclose an offence under S. 235(2), Indian Penal Code, he submitted the proceeding to the Sub-Divisional Magistrate, Kovvur under Section 346(1) of...this procedure is unwarranted and that a Magistrate acting under sub-section (2) of Section 346 of the Cr PC, has to try the case from the beginning. It looks to me that the...application to this case, as the Magistrate is trying a case, transferred to him under Section 346(2) of the Cr PC, he has to try the case de novo.3. There is abundant authority for...
...section 346, Criminal Procedure Code, and the defect cannot be cured by taking evidence under the last clause of section 346....the last clause of section 346 directs that the Court of Sessions shall take the evidence. In this case the Committing Magistrate took the deposition of the recording Magistrate, which he appears to....With respect to Nisai Haldar, we consider that his confession is admissible, as in recording it the provisions of section 128 and section 346 have been duly...
...being had to the provisions of section 346(1), Criminal Procedure Code, the Sub-Divisional Magistrate's order of transfer of the case from Kasaragod Court to Hosdurg Court...case. Hence our request to Mr. Bhaskara Menon to assist us and we feel thankful to him for the assistance he rendered to us by his arguments.4. section 346(1), Criminal...section 346(1), Criminal Procedure Code, would apply also to a case of want of territorial or local jurisdiction for a Magistrate to try a case, obviously the present case had not...
...this case the learned Magistrate has power and ought to take action under section 346 of the Code of Criminal Procedure, and,(2) that, in any event, having...of the petitioner. There is nothing in section 346 of the Code of Criminal Procedure to show that that section has no application to cases of want of territorial or local...jurisdiction. On the other hand, the use of the words “some other Magistrate in such district” and “such other Magistrate having jurisdiction” in section 346(1) of the Code of Criminal...
...Sub-Divisional Magistrate under section 346, Criminal Procedure Code, he apparently not being a Magistrate of the...section 346, Criminal Procedure Code, the duty of the Sub-Divisional Magistrate is clearly stated as being“either, if so empowered, to...section 346, Criminal Procedure Code, and was not revived by the subsequent order of return to him.We cannot part with the case withou...
...present petition under Section 439 CrPC inter alia praying for grant of regular bail in case FIR No.78 dated 20.02.2019 under Section 346 IPC [later on as per the final report, the...offences under Section 346/376(2)(n)/120-B IPC and Section 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989 were added], registered at PS Safidon, Jind. Learned counsel for the petitioner submits...that the petitioner was arrested on 12.03.2019. He submits that initially on 20.02.2019, an FIR No.78 was registered under Section 346 IPC. He submits that the girl, namely, Nishu...
...the Sub-Magistrate, who accepted it and sent it up to the Sub-Divisional Magistrate under Section 346, as he was of the opinion that it was a first class case. It is argued that Section 346 does not...permit such action by the Sub-Magistrate at such a stage of proceedings. The argument takes up two positions (1), that evidence in Section 346 is 'evidence' taken by the Magistrate himself and not the...complaint or proceed with it. He chose to proceed with it on the facts disclosed in that report and refer it under Section 346 to the Sub-Divisional Magistrate. I cannot find here any lack of jurisdiction...
...proviso to sub-section (2) of section 346 of the Delhi Municipal Corporation Act, 1957 (the Act), and (2) whether any...Hotel. According to the provisions of section 346 of the Act, before the premises which are constructed can be occupied, it is necessary to obtain a completion certificate. The said section reads as...June 1965 under section 346(1) of the Act. After the sending of the notice, the appellant received a reply, dated 17th July, 1965 from the respondents. The relevant portion of the said reply reads as...
...
346 of IPC (Section 346 of IPC deleted, while Sections 147, 149, 302 & 401
of IPC were added later on), registered at Police Station Sadar, Fatehabad.
[2] Learned State...petitioner.
Mr. Gagandeep Singh Chhina, AAG, Haryana.
****
HARKESH MANUJA, J. (ORAL)
The petitioner, by way of present petition filed under Section
482 Cr.P.C., seeks issuance...of directions to respondent No. 4
(Superintendent of Police, Fatehabad) for taking action against the
Investigating Officer of case FIR No. 237 dated 07.05.2023, under Section...
...This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 333 dated 01.07.2016, registered under Section 346 of...useful purpose would be served in keeping the proceedings alive. Accordingly, the present petition is allowed. FIR No.
333 dated 01.07.2016, registered under Section 346 of IPC, at...
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...Section 482 of the Code of Criminal Procedure for quashing of FIR No.161 dated 25.05.2016, for the offence under Section 346 IPC (subsequently Section 346 is deleted and ...shoots. Thereafter, he brought her to his home and threatened her of dire consequences in case she narrates the incident to her family. Upon this Section 346 IPC was omitted and Sections 366/328/506 IPC...offence under Section 346 IPC (subsequently Section 346 is deleted and Section 366, 328, 506 IPC added) registered at Police Station City Dadri, District Bhiwani (Annexure P-1) is...
...1959 per p. 53 (State v. Pokker) (1) The Kerala High Court decided inter alia that section 346(1), Criminal Procedure Code has no reference to cases of absence of...Procedure Code. In such a case it cannot be transferred under section 526(1)). section 346, Criminal Procedure Code...decided that there is nothing in section 346, Criminal Procedure Code to show that that section has no application...
...1. This application in revision raises an interesting question regarding the correct interpretation of sub-section (2) of Section 346 of the Criminal Procedure...the third class was not competent to try it He, therefore, submitted the file to the Subdivisional Magistrate under Section 346(1), Cr. P.C After receipt of the records, the...but under Section 352, I.P.C, that subsection (2) of Section 346, Cr. P.C is a bar to such a course being adopted by him and all that he was required to do under that sub...
.... The present Section 322, Cr. P. C. corresponds to Section 346 of the old Cr. P. C. and in the like manner, the present Section 326, Cr. P. C. corresponds to...Section 350 of the old Cr. P. C. There are direct authorities laying down that when a case is recalled to another Court under the provisions of section 346 (old) i. e. 322 of new Cr. P...346 of the old Cr. P. C. This principle will hold good under the new Code also. Emphasis was laid upon Section 346 (2) of the old Cr. P. C. providing that the...
...registered under Section 346 IPC (later Section 346 IPC was deleted and Sections 328 and 363 IPC were added) at Police Station City Hisar. It is submitted that the offence punishable under Section ...affidavit dated 16.03.2015 (Annexure P-5) executed by the complainant's daughter. There is no medical evidence on record to prove the allegations under Section 328 IPC. Final report/challan under...Section 173 Cr.P.C. has been presented. No recovery is to be effected
1 of 2 Criminal Misc. M- No.12134 of 2017 (O&M) -2- from the petitioner. It is, thus...
...manner prescribed in sections 345 and 346. one of the provisions of section 346 is that the Magistrate shall certify under his own hand that the examination was taken in his presence and in his hearing...Section 346 should be attached to confessions recorded under the former section. On the other hand, it is argued that the memorandum as to the voluntary nature of the confession is all which the law...requires, and that if the certificate mentioned in Section 346 be necessary; it does, in fact, appear upon the documents. The latter of these two arguments may be at once dismissed. It happened that the...