done under Section 192 Criminal Procedure Code. There is provision under Section 526 and Section 528 Criminal Procedure Code for transfer of cases. Such transfers ... snade under Section 192 Criminal Procedure Code at all and hence the application of Section 529 Criminal Procedure Code to cure the defect does
Cr.P.C., he is said to have taken cognizance of the offence within the meaning of Section 190(1)(a) , Cr.P.C. Taking ... Cr.P.C. Thus, the learned Chief Judicial Magistrate has rightly made over the case to the Court of Magistrate, Ist Class under Section 192
Section 190 of the Cr.P.C., learned C.J.M, was
empowered to take cognizance thereafter section 192(1) Cr.P.C. comes into ... section 504 I.P.C. is attracted. Section 190 Cr.P.C. speaks of cognizance of
offence by the Magistrate. Section 192(1) Cr.P
Crl.M.C.No.6356 Of 2016
of the Cr.P.C and whether the judicial power so conferred on that court
under Sec.192 ... case under Sec.192 of the Cr.P.C and in such a case the
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Crl.M.C.No.6356 Of 2016
forwardal
chose to hold an enquiry under Section 202
Cr.P.C. and also directed for an investigation
by local police inasmuch as to submit ... I.P.C. is made out
against the petitioner and therefore he has
assailed the impugned order.
5. Learned A.P.P. for the State
under Sec. 202 (1) Cr.P.C., he cannot
thereafter enquire into the matter himself. Sec. 202 Cr.P.C.
reads as follows ... Cr.P.C . takes
any other action such as issuing search warrant or
ordering investigation under Sec. 156 (3) Cr.P.C. then he
cannot
transferred the proceedings under section
192(2) Cr.P.C. for enquiry under section 202 Cr.P.C. This
finding has been arrived at after ... tions 452 and 323 I.P.C ., the Judicial Magistrate First
Class, Patna, in exercise of power under section 192(2)
Cr.P.C. transferred
evidence is led
under Section 244 Cr.P.C. The words appearing in Section 245(2) Cr.P.C.
"at any previous stage ... Cr.P.C. is completed or any stage prior
to that. Such stages would be under Section 200 Cr.P.C. to Section 204
Cr
Section 202 Cr.P.C. After the above amendment sub-section
(1) of Section 202 Cr.P.C. runs as follows:-
202. Postponement of issue ... section (2) of Section 202 Cr.P.C. observed that the provisions contained
in Cr.P.C . are required to be interpreted keeping in view
Magistrate, 5th Court, Calcutta, for enquiry and trial under Section 192 , Criminal Procedure Code. On that date, the learned Metropolitan Magistrate, 5th Court, Calcutta, examined