Section 191 in The Code of Criminal Procedure, 1973
191. Transfer on application of the accused.
- When a Magistrate takes cognizance of an offence under ... Code shall be read as if for the words, brackets and figures "Cl. (c) of sub-section (1) of Section 191", the word, figures
option has to be given to the
accused as provided under Section 191 Cr.PC. From a reading
of Section 190(1)(c) of ... taking cognizance, he is required to follow the
procedure provided under Section 191 Cr.PC.
-8-
NC: 2024:KHC-K:5399
CRL
under Sections 182 and 499 , Indian Penal Code, equally with one under Section 211 , Indian Penal Code, and that whereas offences under Sections ... Penal Code. I am unable to give effect to this argument.
27. The Legislature has deliberately under Section 195 , Clause, Code of Criminal Procedure , limited
section (1) of section 190 or Clause (c) of sub-section (1) of section 190 assumes significance because under section 191 if a Magistrate takes ... under section 431 of the Indian Penal Code under Clause (a) or (c) of sub-section (1) of section 190 of Criminal Procedure Code. Cognizance
proceed under Section 251A(1) and see that he is furnished with the documents referred to under Section 173 Cr.P.C. Thereafter, the Court ... correct in the A.I.R. Commentaries to the Code of Criminal Procedure at pages 830 and 831. It is seen from the said Commentaries
District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, (2 of 1974); (28) "domestic building" includes ... divisional Magistrate referred to in sub-section (4) of section 20 of the Code of Criminal Procedure, 1973, (2 of 1974); (101) "trade effluent" means
under Section 193 of the Indian Penal Code, then her complaint; was one under Clause (a) of Section 190 of the Criminal Procedure Code ... offence under Section 193 of the India Penal Code in the absence of any sanction under Clause (b) of Section 19 Criminal Procedure Code, inasmuch
Indian Penal Code.
14.2. Under Section 190 of the Code of Criminal Procedure any Magistrate of 1st Class or of 2nd Class specially empowered under ... offence under the aforementioned sections of the Indian Penal Code .
15. Section 340 of the Code of Criminal Procedure reads as follows :-
"340. Procedure
licence of godown amounting to criminal offence under Sections 420 / 422 / 477A / 417 I.P.C. and under Sections ... application for contempt of Court and one application under Section 340 Cr.P.C. read with Sections 191 / 193 Cr.P.C. for perjury
HCGP)
Crl.P. No.4676 of 2020
2 & Crl.P. No.4712 of 2020
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
... complaint petition filed in terms of Section 156(3)
or Section 200 of the Code of Criminal Procedure,
the Magistrate is required to apply
