Section 191 in The Code of Criminal Procedure, 1973
191. Transfer on application of the accused.
- When a Magistrate takes cognizance of an offence under ... CHANDIGARH.- In relation to the specified offences, Section 191 of the Code shall be read as if for the words, brackets and figures
warrant case the learned Magistrate followed the procedure prescribed in Chapter 191 of the Criminal Procedure Code . In their statements the accused admitted having received ... Procedure Code of the Old Code which provisions remains unchanged under the new Code. The Court held that under section 190 of the Criminal Procedure
KRUPA SAGAR PATIL, ADV,. FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE ORDER DATED ... taking cognizance, he is required to follow the
procedure provided under Section 191 Cr.PC.
-8-
NC: 2024:KHC-K:5399
CRL
against all the 7 persons and charges were framed under Section 147 , I.P.C. Eight prosecution witnesses were examined, four of whom were ... correct in the A.I.R. Commentaries to the Code of Criminal Procedure at pages 830 and 831. It is seen from the said Commentaries
case of the prosecution as unfolded by the
report under section 173 Cr.P.C. is as under ... IPC were deleted from the case.
Upon completion of the necessary further investigation,
challan for the offences u/s 376 / 506 IPC was prepared against
April "complaints" within the meaning of Section 191 , Criminal Procedure Code, into which the Magistrate was bound to enquire ?;
Second.--Had the Magistrate ... Penal Code. I am unable to give effect to this argument.
27. The Legislature has deliberately under Section 195 , Clause, Code of Criminal Procedure , limited
ground of bias or by reason of Section 191 of the Criminal Procedure Code. As to bias of any kind disqualifying the Magistrate from trying ... Criminal Procedure Code, and consequently the Magistrate was not debarred by Section 191 of the Code of Criminal Procedure from trying the case.
7. Then
Indian Penal Code.
14.2. Under Section 190 of the Code of Criminal Procedure any Magistrate of 1st Class or of 2nd Class specially empowered under ... aforementioned sections of the Indian Penal Code .
15. Section 340 of the Code of Criminal Procedure reads as follows :-
"340. Procedure in cases mentioned
police registered criminal case for offence's punishable under Sections 452 , 323 and 147 , IPC, and the police then started investigation. Narain Singh ... IPC, upon police report and subsequently on the complaint for offences punishable under Sections 264 , 342 , 148 and 120B , IPC, and against rest
This order will dispose of an application under Section 340 , Code of
Criminal Procedure preferred by the respondent (C.M. Appl.41529/2016 ... show cause why action should not be initiated under Section 340 , Criminal
Procedure Code (Cr. PC). The order, issuing show cause notice, stated as
follows
