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State of Jammu-Kashmir - Section

Section 260 in The Code of Criminal Procedure, 1989 (1933 A. D.)

260. Power to try summarily.

(1)Notwithstanding anything contained in this Code-
(a)[ the Chief Judicial Magistrate] [Clauses (a), (b) and (c) substituted by Act XL of 1966.], [or] [Word 'or' inserted by Act XXXVII of 1978, Section 41.]
(b)Any Judicial Magistrate of the first class specially empowered in this behalf by the High Court, [xx] [Clause (c) and the word 'and' in clause (b) omitted by Act XXXVII of 1978, Section 41.]
(c)[Omitted] [Clause (c) and the word 'and' in clause (b) omitted by Act XXXVII of 1978, Section 41.].
may, if he "[thinks fit,] [Words substituted by Act XXXVII of 1978, Section 41., Section 41.] try in a summary way all or any of the following offences
(a)offences not punishable with death, life imprisonment or imprisonment for a term exceeding six months ;
(aa)[ offences relating to disobedience to orders promulgated, and punishable under section 188 of the Ranbir Penal Code.] [Clause (aa) inserted by Act XIV of 1985, Section 2.]
(b)offences relating to weights and measures under sections 264, 265 and 266 of the Ranbir Penal Code ;
(c)hurt, under section 323 of the same Code ;
(d)theft, under section 379, 380 or 381 of the same Code, where the value of property stolen does not exceed [two hundred rupees] [Substituted by Act XLII of 1956 for 'fifty rupees'.] ;
(e)dishonest misappropriation of property, under section 403 of the same Code, where the value of the property misappropriated does not exceed [two hundred rupees] [Substituted by Act XLII of 1956 for 'fifty rupees'.] ;
(f)receiving or relating stolen property, under section 411 of the same Code, where the value of such property does not exceed [two hundred rupees] [Substituted by Act XLII of 1956 for 'fifty rupees'.] ;
(g)assisting in the concealment or disposal of stolen property, under section 414 of the same Code, where the value of such property does not exceed [two hundred rupees] [Substituted by Act XLII of 1956 for 'fifty rupees'.] ;
(h)mischief, under section 427 of the same Code ;
(i)house-trespass, under section 448 and offences under sections 451, 453, 454, 456 and 457 of the same Code ;
(j)insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506, of the same Code ;
(k)abetment of any of the foregoing offences ;
(l)an attempt to commit any of the foregoing offences, when such attempt is an offence ;
(m)offence under section 20 of the Cattle Trespass Act :
Provided that no case in which a Magistrate exercises the special powers conferred by section 34 shall be tried in a summary way.
(2)When in the course of a summary trial it appears to the [xxx] [Magistrate Words omitted by Act XXXVII of 1978.] that the case is one; which is of a character which renders it undesirable that it should be tried summarily, the Magistrate [xxx] [Words omitted by Act XXXVII of 1978, Section 41.] shall recall any witnesses who may have been examined and proceed to rehear the case in manner provided by this Code.[261. Omitted] [Section 261 omitted by Act XXXVII of 1978, Section 42.]