seeking
quashment of the FIR as well as the subsequent criminal
proceedings of Criminal Case No.24961/2012 pending before the
learned ... enactments then the proceedings of the criminal trial and the IPC
cannot be quashed by virtue of section 300 of the
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
Khan
10. Riyaz Ur Rahman .. Respondents
Criminal Appeal filed u/s 378 of the Code of Criminal Procedure, against
the judgment dated 12.11.2009 passed ... part in
the criminal conspiracy. Suffice if the prosecution proves the criminal intent
http://www.judis.nic.in
6/32
____________
Crl. A. No.256/2010
IPC. Charge against the applicant was also framed under the above sections of Indian Penal Code . In Thakur Ram vs. State of Bihar ... IPC against the applicant is hereby quashed.
This application u/s 482 Cr.P.C. is, accordingly, allowed.
Order Date :- 14.1.2020
Ashutosh Pandey
Indian Penal Code (45 of 1860 )."
19. On bare perusal of Section 218 of the Cr.P.C., the legislative mandate that
emerges ... resort to Section
235 of the Code of 1898, which is akin to Section 220 of the Cr.P.C.) or, a
"separate transaction
Court holds,
...In order to get the benefit of Section 403 , Criminal Procedure
Code or Article 20 (2) , it is necessary for an accused person ... Thus, it can be seen that Section 300(1) of Code of Criminal
Procedure is wider than Article 20(2) of the Constitution. While,
.
Article
that the State, as in terms of the provisions of Code of Criminal
Procedure, and the Police Act, 1961, exercises two different and distinct
jurisdiction ... Police Act, 1861 and Section 36 of Code of
Criminal Procedure and has observed as follows:-
"71. We may, however, observe that the State
application dated
22.02.2014 for discharge on the grounds enumerated in section 300 Cr.P.C.
before the learned Trial Court. However, the said application ... Court of Punjab & Haryana. Thus,
on the touchstone of section 300 Cr.P.C. the petitioners herein ought to have
been granted the benefit
Respondent /
Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating ... Associates
For Respondent No.1 : Mr.A.Robinson,
Government Advocate (crl.side)
ORDER
This criminal original petition has been filed to quash the
proceedings
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
