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1 - 10 of 13 (0.22 seconds)Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 177 in The Code of Criminal Procedure, 1973 [Entire Act]
Sri Binod Kumar Sil & Ors vs The State Of West Bengal & Anr on 27 November, 2009
In the case of "Sri Binod Kumar Sil & Ors. V. The State of West
Bengal & Anr." reported in (2010) 1 CCrLR (Cal) 595 the offences under
Sections 498A and 406 and some other provisions of the Indian Penal Code were
not committed wholly or partly within Durgapur, though the marriage between
the husband and the wife was solemnised at Durgapur and that those offences
took place at Halisahar. In view of the provisions of Section 177 of the Code of
Criminal Procedure, 1973 stipulating that every offence should ordinarily be
inquired into and tried by the Court within whose local jurisdiction it was
committed, the criminal case instituted in the Court of learned Additional Chief
Judicial Magistrate, Durgapur was transferred by this Court to the Court of
learned Judicial Magistrate, Barrackpore for the interest of justice.
Section 4 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Y. Abraham Ajith & Ors vs Inspector Of Police, Chennai & Anr on 17 August, 2004
7. In view of my above findings, I can safely hold that the offence under
Section 498A of the Indian Penal Code took place at Barrackpore as
reflected from the written information treated as FIR and as such,
the trial of the offence by learned Magistrate at Siliguri is barred
under Section 177 of the Code of Criminal Procedure. By following
the decision of our High Court reported in (2010) 1 CCrLR (Cal) 595,
I am inclined to pass order for transfer of the case from the Court of
learned Judicial Magistrate, 1st Court, Siliguri to the Court of learned
Additional Chief Judicial Magistrate, Barrackpore by invoking the
power under Section 407 of the Code of Criminal Procedure for ends
of justice without quashing the proceeding as contended on behalf of
the petitioners. Accordingly, the criminal proceeding being G.R. Case
No. 1506 of 2009 arising out of Siliguri Police Station Case No. 487
of 2009 dated 13th October, 2009 under Section 498A of the Indian
Penal Code pending before the Court of learned Judicial Magistrate,
1st Court, Siliguri stands transferred to the Court of learned
Additional Chief Judicial Magistrate, Barrackpore.