been rightly contended by the appellant the assessing authority
has misquoted Section 12(3) in the matter of levy of penalty as against section
that in a case of
release under Section 3 of Probation of Offenders Act, the court is
empowered u/s 5 of the Probation ... illegal and only the
section is misquoted. Misquoting the section would not affect the core of
the order. Other than that, I find no error
months. In the preface of the impugned
judgment, section of offence is misquoted as 55(i). Assailing the
above conviction and sentence, this appeal ... aware
that the allegations are there to face the trial, though section is
misquoted. He didn't raise the issue. Accordingly charge was
framed
impugned order and that at any rate, apart from (mis)
quoting Section 413 of the IPC there is nothing to show that petitioner ... question is whether as contended by learned counsel
there is only misquoting of Section 413 of the IPC in the final report. It is stated
approach of the learned Magistrate is incorrect and
improper, since, misquoting of procedural section, cannot be
made a ground to reject the prayer. According ... merit, in
stead of dismissing the petition on the ground of misquoting of
section. Therefore, the order impugned is not sustainable and
the same
petitioner is that except Section 294(b), all other offences
involved the above case are non-cognizable offence and Section
294(b) is incorporated with ... impugned order the learned Magistrate
observed that:
"Section 227 is misquoted and the prayer
is considered U/ S. 258 Cr.P.C. To seek
Rule 16 of the CPC . An application was
also filed subsequently under Section 340 of Cr.P.C.,
which was dismissed ... pleadings
filed had been misquoted; an act which was roundedly
deplored. It also found that after dismissing the
application under Section
order within fore corners of Section 17 , however, directions issued by
the Tribunal are referrable to Section 26(1)(a) of the Act. Learned
Counsel ... Section 26 of the Act.
Merely for the reason of misquoting of the Section, the order passed by
the Tribunal cannot be said to have
Section 8 which is a conscious mental state, there
does not appear to be much difference or distinction between
Sections, 7, 55(a) and Section ... held that proper section which would be attracted in that case
was Section 8(1) of the Abkari Act and, that misquoting or
misapplying
connection with such investigation
or proceeding. Learned counsel submitted that even under
Section 73 of the Evidence Act the court cannot direct signatures ... 311A of the " IPC ". Either way,
misquoting of the section in the petition is no ground to refuse
the relief.
4. In view