mention herein that though the appellant was
granted default bail undersection 167 Cr.P.C ., his bail bonds were not accepted
and he was still ... have been gross violations of the provisions of Section 328 and 329 Cr.P.C.
before proceeding with the trial against the appellant herein
Section 302 of the IPC.
7. On the basis of the police report, cognizance was
taken under Section 302 IPC against the accused-appellant ... same to the Sessions Court under
Section 209 of the Code of Criminal Procedure (in short ' CrPC '),
where the same
Petitioner has preferred this petition under Section 482 of the Code of
Criminal Procedure, 1973 (in short ' Cr.P.C ') for quashment ... whereby petitioner's application under Section
329 of Cr.P.C. has been dismissed.
2. Brief facts of the case are that offence under
revision
against the order dated 09.06.2023, whereby the application U/s
330 Cr.P.C . for reopening of the defence evidence was dismissed ... accused examined, cross-examined the complainant. Statement
of accused U/s 313 Cr.P.C . was recorded in which the accused
admitted that
appeal having been filed by the petitioner
under Section 329 (1-A) Cr.P.C against the opinion rendered by the medical
expert has been ... Since it is apparent from the proviso of Section 329 (1-A)
Cr.P.C that if, accused is aggrieved by the information given
mind tried to get the
benefits purportedly under Section 329 of Cr.P.C. Same documents are annexed
with this petition.
Counsel for the respondent
before this Court by filing the present Criminal Appeal under §415 BNSS,
2023 [§374(2) CrPC ... POCSO Act and, in the alternative, §376-A IPC and also §302
of IPC . The appellant did not plead guilty and claimed a trial
discussing the scope and competence of High Court to
quash criminal proceedings under Section 482 Cr.PC laid down certain
principles governing the jurisdiction ... proceedings to
wreak private vengeance issue of process under Criminal Procedure Code is
availed of. A reading of a [Vide Corrigendum dated
discussing the scope and competence of High Court to
quash criminal proceedings under Section 482 Cr.PC laid down certain
principles governing the jurisdiction ... proceedings to
wreak private vengeance issue of process under Criminal Procedure Code is
availed of. A reading of a [Vide Corrigendum dated
three
petitions, all filed under Section 482 of the Code of Criminal Procedure
( Cr.P.C .) which is pari materia with Section 528 of Bharatiya ... statutory right and duty under the
relevant provisions of the Code of Criminal Procedure
contained in Chapter XIV of the Code to investigate into
