court held that even
if Section 319 Cr.P.C. could not be invoked at that stage, Section 193
Cr.P.C. could be invoked ... Sessions Judge was entitled to issue
summons under Section 193 Code of Criminal Procedure upon the case
being committed to him by the Magistrate
Section 193 in The Code of Criminal Procedure, 1973
193. Cognizance of offences by Courts of Session.
- Except as otherwise expressly provided by this Code
cognizance (and conducting trial) of
offences punishable under the IPC ;
(iv) Section 193 CrPC bars the Court of Session from taking cognizance ... Court in Section 14 ‖
[vide Section 2(1)(d) ].‖
After analyzing the provision of Sections 4(2) and 193 of the CrPC this
Court of original criminal jurisdiction without being committed by a Magistrate following the procedure laid down under Criminal Procedure Code .
(b) Whether it can take ... required to take cognizance of the offence under Section 190 of the Code of Criminal Procedure. Section 14 of the Act which created an exclusive
IPC and Sections 25 and 27 of
the Arms Act, 1959, after an application dated 11.07.2017 under Section
193 Cr.P.C. read with ... Section 193 Cr.P.C in
addition to Section 319 Cr.P.C. Infact, the said application was filed
under Section 193
under Sections 147 , 148 , 149 , 323 , 342 , 352 , 307 , 302 and 308 IPC.
Aggrieved by this order, the present application under Section 482 ... issuing summons against them without following such procedure ?
7.4 Can the Sessions Judge issue summons under Section 193 Cr.P.C. as a court
2014
whereby he has been summoned under Section 193 of the Code of
Criminal Procedure to face trial along with his son Ajay Singh ... could have only been summoned under Section 319 of
the Code of Criminal Procedure and not under Section 193 of the
Code of Criminal Procedure
court held that even
if Section 319 Cr.P.C. could not be invoked at that stage, Section 193
Cr.P.C. could be invoked ... Sessions Judge was entitled to issue
summons under Section 193 Code of Criminal Procedure upon the case
being committed to him by the Magistrate
Court of original criminal jurisdiction without being committed by a Magistrate following the procedure laid down under Criminal Procedure Code .
(b) Whether it can take ... required to take cognizance of the offence under Section 190 of the Code of Criminal Procedure. Section 14 of the Act which created an exclusive
separately under Section 193 of the Code or would
he have to wait till the stage under Section 319 of
the Code was reached ... committed to it by a Magistrate
under this Code".
The provision of Section 193 CrPC entails that a
case must, first
