completing the investigation, a report under Section
173 of the Code of Criminal Procedure, 1973 (hereinafter
called as " Cr.PC "), was filed ... parties and perused the records.
Charges under Section 188 IPC:
19. Section 195 Cr.PC reads as under :
"195. Prosecution for contempt of lawful
consonance with Sections 227 and 228 of the
Code of Criminal Procedure (hereinafter referred to as
" Cr.P.C ."). He also submitted that ... Taking note of all the ingredients in Section 227 of
the Criminal Procedure Code and the materials placed by
the prosecution and the reasons assigned
IPC. The accused Har Charan was not found
guilty of the offences punishable under Section 148 or Section 302 / 149
of IPC and hence ... criminal trial, the purpose of examining the accused
person under Section 313 Cr.P.C., is to meet the requirement of
the principles of natural
speaking for the Constitution Bench held that
Section 429 Code of Criminal Procedure, 1908 (which is same as
Section 392 Code of Criminal Procedure ... that having regard to the
language used in Section 429 Code of Criminal Procedure, 1908, the
third judge to whom the case was referred
Crl.) 1161
20
1997 SCC (Crl.) 383
21
(2008) 11 SCC 722
22
(2008) Crl. Law Journal 696
23
(2008) 14 SCALE ... criminal law in motion and marks the commencement of
the investigation which ends up with the formation of opinion
under Section 169 or 170
speaking for the Constitution Bench held that Section 429 Code of Criminal Procedure, 1908 (which is same as Section 392 Code of Criminal Procedure ... that having regard to the language used in Section 429 Code of Criminal Procedure, 1908, the third judge to whom the case was referred
offence under
Sections 147 , 148 , 149 , 307 , 302 , 120-B of IPC and under Sections 25 / 27 of
Arms Act against 10 persons namely Mahendra ... However, the Magistrate took cognizance against Mohar Singh under
Section 190 of Cr.P.C. The respondent Dinesh Singh Yadav was initially
absconding
Since, on the record, after reconstruction, statements of accused under section 313 Cr.P.C. is not available, we are not making any mention ... upon which the order of acquittal is founded.
(2) The Code of Criminal Procedure , 1973 puts no limitation, restriction or condition on exercise of such
IPC without framing a substantive charge under Section 302 , IPC and they were charged under Section 302 , IPC with the aid of Section 149 , IPC ... considering the provisions of Sections 211 , 215 , 464 and 465 of Criminal Procedure Code, 1973 held as under:-
9. Before considering the factual aspects
figured in the statement of Km. Arti PW-2 under Section 161 Cr.P.C. recorded after one month of the incident of triple murder ... place of the murder, recorded statement of the witnesses under Section 161 Cr.P.C. and made recoveries of the aforesaid firearms from the aforesaid
