notice under Section 251 Cr.P.C.
It is further submitted that the power to stop the proceedings under
Section 258 Cr.P.C. does ... notice under
Section 251 Cr.P.C., the learned Magistrate is not expected to
mechanically frame notice under Section 251 Cr.P.C
Cr.P.C.
In the enquiry envisaged under Section 202 Cr.P.C. the witnesses are
examined whereas under Section 200 Cr.P.C., examination ... examined under Section 200 Cr.P.C.
Sub-section (1) of Section 202 Cr.P.C. has been amended by the Criminal
Procedure (Amendment
chapter XVI, Section
210 Cr.P.C. is placed after Section 204 Cr.P.C. Thus, Section 210 Cr. P.C.
cannot be invoked ... provided under Section 407(1) Cr.P.C. exist in the present
case. Rather, proviso to Section 407(2) Cr.P.C. creates a specific
application under Section 203 CrPC after the issue of
Crl.M.C.2727/2009 Page 9 of 12
process under Section 204 CrPC ... under Section 509 IPC.
15. Section 251 of the Code of Criminal Procedure deals with the
stage subsequent to issue of process under Section 204
Magistrate applies his mind for proceeding under Section 200 and subsequent sections of Chapter XV or under Section 204 of Chapter XVI of the Code ... Board, that there is no legal requirement in Section 204 of the Code of Criminal Procedure (for short ''the Code') to record
Magistrate applies his mind for proceeding under Section 200 and subsequent sections of Chapter XV or under Section 204 of Chapter XVI of the Code ... Board, that there is no legal requirement in Section 204 of the Code of Criminal Procedure (for short ''the Code') to record
issuance
of process;
(iii) The learned Magistrate takes cognizance under
Section 190 of the Cr.P.C., for offences punishable
under Sections 323 , 376 , 498A ... issuance of process thereon against the
petitioner is violative of Section 204 of the Cr.P.C.;
8
On the aforesaid grounds, the learned Senior
under Section 204 of
Cr.P.C., the accused can be discharged, only after recording the
evidence under Section 244 of Cr.P.C ... contemplated under
Section 244(1) of the Cr.P.C. and under Section 245(1) or (2) of
Cr.P.C., otherwise it will amount
under
Section 204 of Cr.P.C., the accused can be discharged,
only after recording the evidence under Section 244 of
Cr.P.C ... evidence as
contemplated under Section 244 of Cr.P.C. (Emphasis
supplied). Of course, Section 249 of Cr.P.C. is another
provision to discharge
Raju Vs The State
CR No. 155/12
taking cognizance under section 190 Cr.PC
and issuing process under section 204 Cr.PC
against ... process has been issued under section 204 Cr.PC
and while exercising power under section 204 Cr.PC, the
CR
