...cognizance ………………………………………………………………………….17C.2 Special Court's power to take cognizance …………………………………………………………19C.2.1 Section 465 CrPC and interlocutory orders ………………....57. In order to prove that the irregularity vitiates the proceeding, the accused must prove a ‘failure of justice’ as prescribed under Section 465 CrPC. In view of the discussio...absence of a specific provision to that effect, the power to take cognizance of an offence under the MMDR Act without the case being committed to it by the Magistrate under Section 209 CrPC. The order of the Specia...

...under Section 465 CrPC. The High Court further held that “the mere circumstance that the counsel appearing for the accused made a submission that the accused did not answer him coherently is no...ground to hold an enquiry under Section 465 CrPC”.5. The relevant facts for determining the two points mentioned above may now be stated. The appellant had three brothers and one...Judge was satisfied that it did not appear to him that the appellant was insane. Section 465 CrPC, requires that there should be an enquiry within the second limb of the section if it appears to the Sessions Judge ...

...been lodged against the financier under Sections 395, 468, 465, 471, 120-B/34 IPC. The Court refused to exercise its power under Section 482 CrPC and did not quash the criminal proceedings on the...that under the hire-purchase agreement, the financier remains the owner of the vehicle till the entire payment is made and, therefore, possession taken by the financier for non-payment of instalments...purely of civil nature, even if the allegations made by the complainant were substantially correct. Under the hire-purchase agreement, the financier had made the payment of huge money and he was in...

...granting bail.3. It is seen from the records, the complainant had initiated a complaint under Section-200 of CrPC alleging the offences punishable under section-465 and 468 of IPC. ...learned Magistrate referred the complaint to the Police in terms of Section-156(3) of CrPC. The accused was arrested during the course of investigation. They were produced before the learned Magistrate...

...that an irregularity in the exercise of power under Section 319 CrPC was committed by the trial court, the same would not vitiate the proceedings. The counsel concluded his arguments by stating that the finding of the trial...and the mandate of the Code.23. To strengthen the aforesaid submission, the State further contended that Section 465 CrPC was introduced to provide for a balanced mechanism under the...petitions and upheld the order of the trial court summoning the appellant-accused herein, under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”, for brevity...

..., at Bangalore on 6-12-2019, passed the order as under:“The complainant has filed the present private complaint under Section 200 CrPC, against Accused 1 to 3 for the alleged offences punis...the present appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “CrPC”).2. The facts in brief giving rise to the present appeals...against the appellants on different dates in December 2019.10. The appellants thereafter filed petitions under Section 482 CrPC before the High Court of Karnataka at...

...submit the final report under Section 173 CrPC in case FIR No.0131 dated 06.05.2021 under Sections 420, 465, 466, 467, 471 IPC at Police Station Division B, District...

....2. The facts which are requisite to be stated for the purpose of adjudication of the present appeal are that the appellant filed a complaint under Section 200 CrPC for the offences punishable ...at the stage of framing of charge under Section 239 of the Code of Criminal Procedure (for short “CrPC”), by expressing the view that the role of the complainant is limited under Section 301 CrPC ...and 471 read with Section 120-B of the Penal Code, 1860 (IPC). The learned Magistrate exercising the power under Section 156(3) CrPC directed...

...a material irregularity not curable under Section 465 CrPC. Incidentally, we may observe that in spite of contending that the complaint suffered from an irregularity, Respondent 1 has neither pleaded...752 in support of his contention that the company's complaint suffered from an irregularity not curable under Section 465 CrPC. In the view we have taken of the matter viz. that Mr Atul Mathur had...a matter arising under Section 630 of the Companies Act in exercise of its powers under Section 482 CrPC.2. The facts are as under:Messr...

....(2) In any case under Section 465 CrPC, after trial the accused ought not to have been permitted to raise the contention that there was such an omission in recording the statement ...purview of Section 307 of the Code. The Court thereafter considered the provision of Section 465 CrPC and observed that the said provision cannot be attracted in a situation where a court having no jurisdiction ...adversely affect dispensation of justice. In such circumstances, we are of the view that provisions of Section 465 CrPC would come into operation. The said provision, inter alia, provides that no order passed by a court of ...

...the impugned order. That, during the course of recording the trial, the appellant was not arraigned as an accused or any power exercised under Section 319 of CrPC so as to implicate the appellant in principal case. That, no..., no forgery was committed by the appellant. That, no procedure under Section 340 and 195 of the Code of Criminal Procedure, 1973 was followed by the learned Additional Sessions Judge before passing...

...Prayer in the present petition filed under Section 438 CrPC is for grant of anticipatory bail to the petitioner in case FIR No.173 dated 11.6.2015 under Sections 420, 465, 467...Officer and shall abide by the terms and conditions as laid down under Section 438(2) CrPC. September 17, 2015 ( HARI PAL VERMA ) AK JUDGE 2 of 2 ...counsel for the petitioner, has granted interim bail to the petitioner. However, the petitioner was directed to join investigation and comply with the provisions of Section 438(2) CrPC. 1...

...to it by the Magistrate under Section 209 CrPC. The order of the Special Judge dated 30 December 2015 taking cognizance is therefore irregular; (ii) The object...would not alter its effect. Therefore, no failure of justice' under Section 465 CrPC is proved. This irregularity would thus not vitiate the proceedings in view of Section...to prevent the delay in the commencement and completion of trial. Section 465 CrPC is applicable to interlocutory orders such as an...

...application under Section 439 of CrPC in connection with Crime No.465/2021 under Sections 294, 324, 323, 326, 506/34 of IPC registered at police station Bhedaghat, District Jabalpur (M.P) and...the behest of applicant no.2 Umesh Kushwaha against the complainant party. Further submitted that section 326 was added after 10 days of the lodging of FIR. There is no criminal history. They have been...with the provisions of Section 437(3) of the Cr.P.C. In above term, this bail application is disposed of. Certified copy as per rules tarun 2 ...

...consequently, the conviction and sentence recorded by that court were null and void and were not curable under Section 465 CrPC. To sustain the said proposition of law, reliance was placed on....”15. Interpreting the said provision in the context of exercise of inherent power of the High Court under Section 482 CrPC this Court in...postulated in Section 309 CrPC and pronounce the judgment as provided under the Code. A Judge in charge of the trial has to be extremely diligent so that no dent is created in the trial and in its eventual...

...The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19. Prayer in this petition filed under Section 438 CrPC is for grant of anticipatory bail to the petitioner in cas...petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C. October 28, 2020 ( HARI PAL VERMA ) AK JUDGE Whether speakin...

...The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19. Prayer in this petition filed under Section 438 CrPC is for grant of anticipatory bail to the petitioner in cas...petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C. October 28, 2020 ( HARI PAL VERMA ) AK JUDGE Whether speakin...

...whereby the learned ASJ upheld the Order dated 23.02.2024 passed by the learned Metropolitan Magistrate, dismissing the Application under Section 156(3) of CrPC. 4. Brief...was thus, observed that it was not a fit case for exercise of discretionary power under Section 156(3) of CrPC and the Application was dismissed while an opportunity was given to the Petitioner to...lead pre- summoning evidence in his Complaint under Section 200 of CrPC. 9. The Petitioner preferred a Revision Petition before the learned ASJ, who after...

...connected with the trial of the appellant leading up to his conviction are all illegal and void as the provisions of Section 465 CrPC have not been complied with. (2) The proceedings taken in the appeal are also void as the...was that the accused was of a perfectly normal state of mind and was in a position to defend himself properly. Under those circumstances, the question of applying the provisions of Section 465 CrPC...court, under Section 465 CrPC. In the alternative, Mr Rana has urged that in the face of the medical reports about the unsoundness of mind of the appellant, it would have been proper if the hearing of...