Section 258 in The Code of Criminal Procedure, 1973
258. Power to stop proceedings in certain cases.
- In any summons-case instituted otherwise than upon
CrPC, so also for passing order Under Section 258 CrPC which has been declined by the trial court and revisional court ... entire criminal proceedings for offence punishable Under Section 29 cannot be stopped either Under Section 258 CrPC or quashed Under Section 482 CrPC
within the meaning of Section 250 Cr.P.C. or the other provisions of the Criminal Procedure Code .
27. Section ... Cr.P.C. is almost akin to Section 239 Cr.P.C. Section 259 Cr.P.C. applies to summons cases, while Section 239
Magistrate dated 19.09.2016, whereby the
application filed by the petitioner under Section 258 Cr.P.C. in
proceedings under Section 138 of the Negotiable Instrument ... recorded under Section
252 of the Cr.P.C., the procedure contemplated under
Chapter XX of the Cr.P.C . has to be followed
Code shall apply "as far as may be" to trials of
complaints under Section 138 . Section 258 of the Code empowers
the Magistrate ... upon complaint. Section
258 of the Code is not applicable to a summons case instituted on a
complaint. Therefore, Section 258 cannot come into play
have filed the present criminal
revision, under Sections 397 and 401 read with Section
482 of the Code of Criminal Procedure (hereinafter referred
1
Whether ... also failed to see that to impose criminal liability,
either under Section 336 IPC or Section 304 IPC, it is
.
necessary that the death should
exercise of power
under section 251 Cr.P.C read with section 258 Cr.P.C in case of lack of
sufficient material forming ... scope and import of section 251 Cr.P.C and section 258
Cr.P.C. The legal position in regard to the discharge of accused
IPC was
passed without considering the statutory conditions of
Section 195 Cr.P.C; and
(e) that application under Section 258 Cr.P.C.
moved ... 258 Cr.P.C was dismissed by Ld. Trial Court without
considering the applicable law particularly sec. 210 Cr.P.C, sec. 258
stoppage of
proceedings in a Criminal Complaint is not permissible and section 258
CrPC is not applicable in this case and plea taken ... Code of
Criminal Procedure (for short "the Code"). It must be pointed
out that the offence under Section 500 IPC is triable
accused, a joint
application under section 251 Cr.PC read with section 258 Cr.PC was moved
on behalf of revisionist and other co-accused ... instant case.
11. Further, as far as dropping of proceedings under section 258
Cr.PC is concerned, suffice it would be to say that