Section 325 in The Code of Criminal Procedure, 1973
325. Procedure when Magistrate cannot pass sentence sufficiently severe.
(1) Whenever a Magistrate is of opinion
High Court under
Section 482 Code of Criminal Procedure (hereinafter referred to as ' CrPC ') for
quashing of the order dated ... CrPC.
v. The appeal filed by the petitioners bearing Criminal Appeal Nos.110 of
2017; 109 of 2017 and Criminal Revision
Punjab and Haryama held that
intent of the Code for inserting Section 325 of Cr.P.C. was not to
make the CJM an appellate ... further held that under the scheme of Code as per Section 325 of
Cr.P.C., CJM has been vested with vast power
Sitamarhi in terms of Section 325 (1) of the Code of Criminal
Procedure.
After passing of the judgment dated 08.05.2017 when
the learned ... failed to follow Sub section (3) of Section 325 Cr.P.C. while
passing the order of sentence.
In ultimate analysis, the learned appellate court
have considered the aforesaid submission. The intent of the code by
inserting Section 325 of Cr.P.C. was certainly not to make ... just be
a fresher. Under the scheme of the Code, as per section 325 Cr.P.C., the CJM
has been vested with vast powers
Court. I am afraid, such second reference or recommittal under Section 325 of Cr.P.C., cannot be made. Finding if recorded that the offence ... powers vested under Section 323 of Cr.P.C.
10. Section 325 of Cr.P.C. empowers Magistrate or Metropolitan Magistrate to send a case
Schedule given in the Code of Criminal Procedure . The offences under Sections 420 , 466 , 468 and 471 I.P.C. can be tried ... thus:
"Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be lawful
scope of Section 349 of the old Criminal Procedure Code , which corresponds to Section 325 of the present code, the learned Judge held that only ... code (which corresponds to subsection (3) of Section 325 of the Criminal Procedure Code, 1973) and the District Magistrate or the Sub-Divisional Magistrate could
petitioner was charged u/ss. 409/120B IPC which is punishable up to life imprisonment. Section 325 Cr.P.C. specifically deals with the situation ... account of the lapse of the petitioner.
8. So far as Section 325 Cr.P.C. is concerned it comes into play only when
State of Gujarat and another , 2001 (1) CTC 368. Though Section 325 Cr.p.C. empowers the Magistrate to submit his proceedings to the Chief ... chosen to act under Section 325, I am afraid, this court cannot compel the Magistrate to act under section 325 Cr.P.C. The Supreme