Code. He might have been charged under Section 436 Penal Code at the trial under the provisions of Sub-section (1) of Section 235 ... Cr.PC (Old) is pari materia with Section 300 of Criminal Procedure Code, 1973. On the strength of the above cited, authorities
BENGALURU
2
Crl.R.P.No.1028/2016
WHEREIN THE ACCUSED/RESPONDENT WAS
DISCHARGED UNDER SECTION 239 OF THE CODE OF
CRIMINAL PROCEDURE ... there shall
be an acquittal on trial. In Criminal Procedure Code , the
word 'Trial' is not defined. Chapter XIX deals with Trial
This Cri.P is filed U/S 482 of Cr.P.C ., praying to
set aside the entire proceedings initiated against the
petitioners ... submitting further argument with reference
to Section 300 Cr.PC. Accepting the said submission of
the learned counsel for the petitioners, the orde
registration of the vehicles is done at
different police station jurisdictions; Criminal Procedure Code does not bar
the registration of second FIR, if the offence ... Article 20 of the Constitution of India and Section 300
of Criminal Procedure Code do not apply to the facts of the present case
after the Section 313
Cr.P.C. examination; once the procedure contemplated under Section 242 Cr.P.C.
is completed, wherein the accused have already ... Supreme Court held : -
".......... There is no provision in the Code of Criminal Procedure which
enables the court to postpone the examination of the accused
Criminal Procedure of 1973. It was held as follows in the aforesaid Supreme Court authority :- "Sub-section (2) of Section 222 Criminal Procedure Code ... offence of criminal breach of trust............ ............................ Section 234 is also an enabling provision and is an exception to Section 233 Criminal Procedure Code . If each
appearance submitted an application (Exh. 11) under Section 300 of the Criminal Procedure Code and prayed that as per the provisions of the said section ... amounted to an order of acquittal under Section 256 of the Criminal Procedure Code continued to be in force. The learned Magistrate after hearing
after the Section 313
Cr.P.C. examination; once the procedure contemplated under Section 242 Cr.P.C.
is completed, wherein the accused have already ... Supreme Court held : -
".......... There is no provision in the Code of Criminal Procedure which
enables the court to postpone the examination of the accused
which he is being prosecuted), embodied in Section 300 of
the Criminal Procedure Code, 1973 ( CrPC ), in order to demonstrate
that the Court ... offences under Sections 188 , 273 and 328 of the Indian
Penal Code ( IPC ), as also Section 59(iii) of the Food Safety and
Standards
Court of Sessions and as per Section 36C , the Code of Criminal
Procedure is applicable to the proceeding before a Special Court ... conduct its proceeding as
per the provisions of Code of Criminal Procedure . The NDPS Act
does not contain any provision directing that the Special Court