Counsel on the same point of submission regarding illegality and impropriety of the procedure relied on a decision reported
private complaint under Section 203 of the Code of Criminal Procedure.
10. The learned Magistrate, of course, is bound to rely upon the complaint ... Section 319 of the Code of Criminal Procedure at the appropriate stage. There is no illegality or impropriety in the finding rendered by the learned
regarding recall of the process issued Under Section 204 of the Criminal Procedure Code, 1973. It is observed in para No. 16 of the report ... stage is not by invoking Section 203 of the Code, because Criminal Procedure Code does not contemplate review of the order. Hence in the absence
complainant it has got power under Section 495 of Criminal Procedure Code, 1898 (old Code) to authorise conduct of prosecution by any person ... fellow the third of the three options available, there is no impropriety or illegality, In Balasaheb K. Thackeray v. Venkat
before the application is made. When an application under Section 321 , Criminal Procedure Code is made, it is not necessary for the Court to assess ... acquittal or conviction, would be to rewrite Section 321 , Criminal Procedure Code and would be to concede to the Court a power which the scheme
possession
of the complainant. When questioned under Section 313
of the Cr.P.C., the accused did not put forth any
specific defence. In view ... which stood in favour of the
complainant. There is no illegality or impropriety in
any of the findings in the impugned judgment.
5. The learned
Manzoor Ahmed Wani vs State Of J And K on 22 March, 2006
Equivalent citations
Apurba Ballav Goswami vs State Of Assam And Ors. on 5 September, 2006
Equivalent citations
B.N. Singh vs Dcm Shriram Indus. Ltd. on 4 September, 2006
Equivalent citations: RLW2007
Mohd. Idris vs State on 6 November, 2006
Equivalent citations: RLW2007(2)RAJ913
JUDGMENT
Harbans