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
Sections
147 , 148 , 149 , 323 , 448 , 302 / 149 of Indian Penal Code ( IPC ) as well as
under Sections ... summoned as
additional accused persons under Section 319 of Code of Criminal Procedure,
1973 ( Cr.P.C .) to face the trial along with other accused
doubt on that account. Before the amendment of the Code of Criminal Procedure in the present form, commitment proceedings had the essential attributes ... Magistrate in such proceedings.
9. While enacting the Code of Criminal Procedure , 1973, the prefatory note before Parliament containing Objects and Reasons gave
Constitution of India, Art 136, principles for interference
by Supreme Court.
Criminal Procedure Code , Ss. 540 and 162--S. 540 examination
of Sessions Judge ... High Court. It is true that under section 540 of the
Criminal Procedure Code the High Court has got very wide
powers to examine
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
Dhananjaya Y. Chandrachud
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 787 OF 2021
Kaptan Singh …Appellant
Versus
The State ... private respondents herein approached the
High Court for quashing criminal proceedings under Section 482 Cr.P.C.
It was the case on behalf
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