...cognizance ………………………………………………………………………….17C.2 Special Court's power to take cognizance …………………………………………………………19C.2.1 Section 465 CrPC and interlocutory orders ………………………………………………….30C 2.2 Section 465 CrPC and failure of Justice ………………………………………………………35C.3 Cognizance of the offence and not the offender ………………………………………………..41C.4 Cognizance by the Special Court of offences under the...‘failure of justice’ as prescribed under Section 465 CrPC. In view of the discussion in the previous section on the applicability of Section 465 CrPC (and the inability to prove failure of justice) to the...offences under Sections 420, 465, 467, 468, 471, 477A and 120B of the Penal Code. A charge-sheet was submitted under Section 173 CrPC against two persons and the respondent was referred...

...default in making the payment of instalments. A criminal case had 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 ground that the financier had committed an offence. However, reversing the said judgment, this Court held that proceedings initiated were...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...

...High Court held that as the Sessions Judge came to the conclusion that the accused appeared to be perfectly normal in mind it was not necessary, much less incumbent, to hold an enquiry under Section 465 CrPC. The...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 sister. PW 2..., and quite rightly, but on questioning the accused the learned Sessions 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 that the accused was insane, but if it does not appear to him so it is not necessary that he should conduct a regular enquiry under the...

...complaint under Section 200 CrPC, against Accused 1 to 3 for the alleged offences punishable under Sections 420, 465, 468, 464 and 120-B IPC. In the complaint, the complainant has made serious allegations...Karnataka at Bengaluru, thereby dismissing the criminal petitions filed by the present appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “CrPC...is referred to PSI of Jayanagar Police Station under Section 156(3) CrPC for investigation and submit report by 26-2-2020.”9. On the basis of the same, First...

...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. The...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...

...settled law that procedural laws must be liberally construed to render justice. Moreover, assuming but not admitting 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 court cannot be reversed under Section 465 CrPC...spirit 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...

...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...

...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 under Sections 109, 193, 196, 200, 465, 467 and...Code of Criminal Procedure (for short “CrPC”), by expressing the view that the role of the complainant is limited under Section 301 CrPC and he cannot be allowed to take over the control of the...471 read with Section 120-B of the Penal Code, 1860 (IPC). The learned Magistrate exercising the power under Section 156(3) CrPC directed the police to investigate into the allegations. The...

...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...irregularity not curable under Section 465 CrPC. In the view we have taken of the matter viz. that Mr Atul Mathur had the requisite authority to file the complaint on behalf of the company, the question...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:Messrs Jenson...

...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 of the approver...Section 306 are not attracted to a case falling under the 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 under the...provisions of Section 465 CrPC would come into operation. The said provision, inter alia, provides that no order passed by a court of competent jurisdiction shall be reversed on account of any error, omission or irregularity in order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under the...

...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 A.R Antulay...evidence in the prescribed manner keeping in mind the command 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...Ratre is acquitted of the charge under Section 306 IPC.A copy of this judgment be sent to the District Magistrate, Surguja (Ambikapur) through AGP...

...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 offence is made out under Section 465 of..., 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 objective of Section 465 is...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 ...

...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 case FIR No.201 dated 26.07.2020 under Sections 420, 465, 467...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 speaking / reasoned? Yes / No Whether reportable? Yes / No ...

...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 case FIR No.201 dated 26.07.2020 under Sections 420, 465, 467...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 speaking / reasoned? Yes / No Whether reportable? Yes / No ...

...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. Briefly stated, Complaint under Section 200 of CrPC along with an Application under Section 156(3) of CrPC, was filed for registration of FIR under Section 403/406/465/467...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...

...the entire proceedings 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 there has been a similar violation of the provisions of Section 465 CrPC. Under this....24. The second contention of Mr Rana is that the proceedings in the appeal before the Division Bench are void and illegal as no inquiry had been made by the appellate court, under Section 465 CrPC. In...appeal be heard under Section 411-A(1)(b) and (c) CrPC and the usual notice be issued”. Unfortunately there was delay in the printing and preparation of the records with the result that the appeal...