Nara Chandrababu Naidu, S/O.Late ... vs The State Of Telangana, Represented By ... on 9
well-known principle that the fact that the complainant has quoted a wrong provision or has not quoted any provision of law will ... though the respondent complainant might have committed a mistake in quoting a wrong provision, in fact a non-existing provision, the learned Judicial Magistrate should
petitioner filed petition under Section 205 of Cr.P.C. Therefore,
quoting wrong provision of law is not a ground to dismiss the
petition
correct. But, for the reasonings given above, it is a wrong quoting of provision of law and for the said reasoning alone, the impugned order ... trial in the Court of law and except the wrong quoting of provision of law as Section 173(8) of the Code, before the Court
Public Prosecutor for the State of Telangana
contended that mere quoting of wrong provision of law is not a
ground to decline relief ... applied to the present facts of the case. However,
quoting of wrong provision by the Public Prosecutor for the State is
not a ground
provision, under which, an order has been passed, need not be set at naught, merely because, a wrong provision was quoted. In the case ... Supreme Court held that quoting of wrong provision does not take away the jurisdiction of authorities/Court, under the Act.
34. From the materials
hesitation to hold that though the petition was filed by quoting wrong provisions, viz., Section 227 read with Section 239 of the Criminal Procedure Code
residence and it all depends
on animus to stay. Regarding the wrong provision of law mentioned in the relief,
the learned counsel relying upon ... Jayesh kumar reported in 2019 9 SCC 533 claims that quoting
wrong provision is not fatal if powers to pass orders is available with Court
Apex Court as well as this
Court has reiterated that quoting of wrong provision is not fatal
to the case ... Jayeshkumar
Chhakaddasm Shah5, it was held that mere non-quoting
provision of law or quoting wrong provision of law by itself, will
not disentitle petitioner
Advocates to assist the
prosecution, but, the provision of law was wrongly quoted as 302 Cr.P.C .,
instead of Section ... known as to
whether the above said wrong quoting of provision of law was brought to
the notice of the trial Court, but, whatever