instant petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as ' CrPC ') seeking
thereupon acquit the
accused in view of Section 257 of the Criminal
Procedure Code. He, therefore, contends that even
9 of 14
::: Downloaded ... been acquitted in view of the
provisions contained in Section 257 Criminal Procedure
Code, 1973 since this section mandates that while the
Magistrate permits
This is a petition filed under Section 482 of the Code of Criminal
Procedure, by the two petitioners herein, seeking setting aside of the order ... dismissed without assigning any reasons, the
Magistrate under Section 204 Criminal Procedure Code may take cognizance
of an offence and issue process if there
Thus, it can be seen that Section 300(1) of Criminal
Procedure Code is wider than Article 20(2) of the
Constitution. While, Article ... 300(1) of
Criminal Procedure Code applies. Consequently, the
prosecution under Section 420 , Indian Penal Code was
barred by Section 300(1) of Criminal Procedure
16th December, 2014 in Criminal
Petition No. 8362 of 2012, preferred under Section 482 of the
Code of Criminal Procedure ( Cr.P.C .), whereby ... self same facts, and hence Section 300(1)
of the Code of Criminal Procedure would come into play. To bol-
ster his submission
Judge, Amristsar, dismissing his application filed under section 216
and 217 of Cr.P.C., seeking amendment of the charge-sheet, has challenged
the same ... IPC in another case, second
prosecution is not permissible being barred by Article 20(2) of Constitution of
India and Section 300
convicted for offences under Sections
307 IPC etc. His plea in prosecution under Section 188 IPC was that
he was not present at the scene ... Secs. 423(1)(A) and 376
(b) of the Code of Criminal Procedure . It is true that in
India unlike in England where the acquittal
Criminal)
378, Mary Pappa Jebamani Vs. Ganesan and others , 2015(1)
SCC (Criminal) 414, Ram Parkash Vs. State of Haryana,
2000 Crl ... followed the
procedure envisaged in Chapter XV of the Code. He
sought the police report under Section 202(1) of the
Code and also recorded
ORAL)
Present petition has been filed under Section 482 of the
Criminal Procedure Code (' Cr.P.C .' - for short) has been filed ... respondent, in the light of Sec-
tion 300 of the Criminal Procedure Code . In this behalf, it was the submission
of the learned counsel
IPC.
[5]. Petitioners were surprised to know that the brother of
respondent-Ravi i.e. Parveen had filed a criminal complaint No.189/1
dated ... Judicial Magistrate , 1997 (4) RCR (Criminal) 761.
[8]. Thirdly the Magistrate has not complied with provisions of
Section 210 Cr.P.C. Had the report