Section 255 in The Code of Criminal Procedure, 1973
255. Acquittal or conviction.
(1) If the Magistrate, upon taking the evidence referred to in Section
reference, the following provisions of the Indian Penal Code and the Criminal Procedure Code have to be considered:
Section 75 , Indian Penal Code, run thus ... Kerala v. Krishnan Kutty (1966) M.L.J. (Crl.) 296, Section 255-A Criminal Procedure Code, was not brought to its notice. Without reference
IPC - Acquitted
Crl. Appeal No.2384 of 2024
3
U/S 320(8) CrPC ... IPC -
Crl. Appeal No.2384 of 2024
5
Acquitted U/S 248(1) CrPC on 07.06.2024.
Criminal antecedents
Huluvadi G. Ramesh, J.
1. This petition is filed under Section 482 , Cr.P.C. seeking for calling the records in connection with Criminal Revision ... proceed against them in accordance with the procedure provided as well under the Civil Procedure Code to cause service of notice by way of substituted
therefore, to be tried in accordance with the procedure prescribed in Chapter XX of the Cr.P.C ., whereas a warrant case ... offences under Sections 499 , 500 and 501 I.P.C. He was tried by following the procedure prescribed for the trial of the warrant case
IPC by invoking the provisions under S. 251 of the Code of the criminal procedure.
2. The facts of the case are as follows ... Crl) 13. All these decisions relate to the powers of the High Court under Section 482 of the Code of the Criminal Procedure to quash
supra) Magistrates
Crl.AppealNos.448/2011
& 232of2012
31
are adopting an illegal procedure by acquitting the accused
under Sec. 255 (1) ... subject
Crl.AppealNos.448/2011
& 232of2012
37
matter of Crl. Appeal 232/2012, the learned Magistrate
acquitted the accused under Sec. 256 (1)
purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure , 1973 (2 of 1974).
(3) Subject to any rules that ... summary trial procedure as contained in the Code of
Criminal Procedure , 1973 ( Cr.P.C .) is required to be followed for
the purpose of adjudicating
that Section 255 C.P.C. contemplates an order of acquittal after following the procedure laid down in Sections 251 to 254 ... bound to proceed under Chapter XX of the Code of Criminal Procedure when the accused enters appearance. He will have to state the particulars
confirm upon superior criminal courts supervisory jurisdiction to correct a miscarriage of justice arising from misconception of law or irregularities of procedure and similar infirmities ... superior' Criminal Courts a supervisory jurisdiction in order to correct miscarriage of justice arising from misconception of law or irregularity of procedure and similar