Court can appoint a Commission under Sections 283 / 284 of the Code
of Criminal Procedure 1973 („ CrPC ‟) which ought to have been done ... witness to attend the
Court, the procedure contemplated is under Section 284 CrPC to
examine the witness by the Court Commissioner. For this
under Section 482 Cr.P.C., for
quashment of FIR and entire consequential
criminal proceedings pending before the
trial Court in Criminal Case No.3325 ... 2016
and to allow the application filed by
petitioner under Section 284 Cr.P.C..
Impugned proceedings (ST No.312/2016)
concluded vide order dated
Chapter XL of the Code of
Criminal Procedure pertains to the commission of the examination of the
witnesses. Section 503 Cr.P.C. is reproduced ... Cr.P.C., which is almost parimateria to Section 284 of
the Central Cr.P.C ., provides that whenever, in the course of any inquiry
herself before this court. It is submitted that application
u/s 205 CrPC dated 24.11.2021, seeking exemption was dismissed
and NBWs were issued ... issuance of
Commission needs to be analyzed. The provision u/s 284 Cr.P.C.
deals with the issuance of Commission."
7. A bare
complainant in the
calendar case in question, moved an application under
Section 284 Cr.P.C. for appointment of Advocate
Commissioner to record the evidence ... therefore, he cannot come to
the Court to give evidence. Section 284 Cr.P.C. makes it
abundantly clear that where the attendance
filed an
Crl. Revision No. 40/2022 Page 1 of 7
application U/s 311 CrPC read with 91 CrPC ... court, which resulted in an
application of the prosecution U/s 284 CrPC to examine
the witness on commission. The Trial Court sought
bystander or good Samaritan shall not be liable for any
civil and criminal liability.
(4) A bystander or good Samaritan, who makes a phone call ... either be by way of a
commission under section 284 of the Code of Criminal
Procedure, 1973 or formally on affidavit as per section
holding that no such prayer can be granted
invoking Sections 284 and 285 of Cr.P.C. Thereafter Ext.P6
application has been filed ... court below dismissed the prayer mainly
holding that Section 284 or 285 of Cr.P.C . does not permit the
appointment of a Commissioner. However
reference to Sections 12 and 17 of the Code of Criminal
Procedure, 1973 indicates that the term District Magistrate
or Chief Metropolitan Magistrate denotes ... understood as meaning an officer
subordinate in service. Section 284 of the Code of
Criminal Procedure, 1973 in fact empowers an Advocate
Commissioner to record
MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
CRIMINAL REVISION No. 1296 of 2020
BETWEEN:-
RAMAYAN PRASAD KACHER S/O LATE ... passed in
S.T. No.284/2019.
2. The facts which resulted in filing of the present
criminal revision are that a FIR was registered
