Bharathsingh .. Respondent
Criminal Revision Case filed u/s 397 r/w 401 of the Code of Criminal
Procedure , against the order dated 15.5.2018, passed ... take action against the respondent for the offence punishable u/s 211 Cr.P.C.
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Crl. R.C. No.633/2019
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IPC
but in above charge date time and place etc is not
mentioned regarding conviction according to
provisions of Section 211 (7) ... Hence, as is
provided under Section 211 (7) Cr.P.C. the Court
before passing order of conviction may add statement
of fact, date
application before the learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing ... Section
376-E of IPC, no corresponding new procedure has been added in Cr.P.C.
He submits that Section 211(7) of
charges were framed against accused/applicants U/s 323, 324, 504 506 I.P.C . on 28.8.2015.
(h) P.W.2 Dhruv Bhardwaj ... opposite party no.2 moved an application under section 211 Cr.P.C. to summon the applicants under section 307 I.P.C. also
Section
145 of NI Act. Adopting aforesaid procedure there would be
substantial compliance of Section 254 of Cr.P.C. After completing
::: Downloaded ... provided in Chapter XVII of Cr.P.C . particularly
under Section 211 Cr.P.C. Thereafter Magistrate has to follow
::: Downloaded on - 28/09/2019
application before the learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing ... Section
376-E of IPC, no corresponding new procedure has been added in Cr.P.C.
He submits that Section 211(7) of
application before the learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing ... Section
376-E of IPC, no corresponding new procedure has been added in Cr.P.C.
He submits that Section 211(7) of
recommended for prosecution of
informant namely Rashid Ansari, under Section 181 and 211
Cr.P.C. vide report dated 20.06.2004.
5. Further case ... prosecution against the informant of that case, under Sections
181 and 211 of Cr.P.C. It has also been pointed out that
Suyambulinga Bharathi
Government Advocate(Crl.side)
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2
ORDER
This Criminal Original Petition has been filed to quash the order
dated ... submitted that the learned Magistrate did not
follow the procedure laid down under Section 211 Cr.P.C., and
procedures laid down under Section
framed as contemplated
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under Section 211 of CrPC, since the place of demand has not been
5
mentioned ... demand, which is also not framed as contemplated
under Section 211 of CrPC. Therefore, the charges itselves would
vitiate the case