this Court
dealing with Section 193 of the Cr.PC observed:
“10. Section 193 of the Code has to be understood in the aforesaid
backdrop ... contentions were advanced based on Sections 4 and
5 of the Code as suggesting that a departure from Section 193 of
the Code is permissible
ride general Provisions of
Chapter XXIII. [563 F; 564 C--E]
Section 193 , therefore, does not bar further proceedings by
the Court of Sessions ... Judge on its being transferred to him by the
High Court. Section 193 of the Code prohibits the Court of
Session to take cognizance
accordance with Section 209
of the Code the Court of Session could not summon them in
exercise of power under Section
193 of the Code ... Magistrate committing the
case under Section 209 to the Court of Session
the bar of Section 193 is lifted thereby
investing the Court of Session
parties as provided under
Section 227 of the Code of Criminal Procedure. Noticing the
provisions of Section 193 of the Code of Criminal Procedure ... before a Court of Session. This Court
then observed :-
"10. Section 193 of the Code has to be
understood in the aforesaid backdrop
accordance with section 209
of the Code the Court of Session could no summon them in
exercise of power under section 193 of the Code ... Magistrate committing the
case under Section 209 to the Court of Session
the bar of Section 193 is lifted thereby
investing the Court of Session
signed by
MAHABIR SINGH
Date: 2018.10.30
15:39:52 IST
under Sections 193 and 195 IPC.
Reason:
1
2. Case of prosecution is that ... concerned, Section 340 Cr.P.C.
provides the procedure for offences enumerated in Section 195(1)
(b) Cr.P.C. The object of Section
Information Report remain pending. Sub-section (2) of Section 173 of the
Code subject to the provisions of sub-section (8) thereof envisages that ... Magistrate committing the case under Section 209
to the Court of Session the bar of Section 193 is
lifted thereby investing the Court of Session
with the nature of a judicial proceeding within the meaning of
Sections 193 and 228 IPC. If the proceedings under Section 7A
are deemed ... Section 195(1)(b) CrPC. In other words, an offence
which is treated as more serious by the first para-
graph of Section 193
order of committal and the same is in violation of
Section 193 of the Code of Criminal Procedure, 1973. In support of the
said contention ... cognizance
by the Special Court is in violation of provision under Section 193 of the
Code of Criminal Procedure, 1973.
1 2011 CrlLJ
trial court convicted the appellant under Section 420 read with Section 511
IPC, Section 193 IPC read with Section 136 of the Act and under ... sentence imposed on the appellant under Sections 420 read with Section 511 IPC and
Section 193 IPC read with Section
