Section 201 in The Code of Criminal Procedure, 1973
201. Procedure by Magistrate not competent to take cognizance of the case.
- If the complaint
questions posed, it will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where ... Sessions Judge was entitled to issue
summons under Section 193 Code of Criminal Procedure upon the case
being committed to him by the Magistrate
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... section 41 or section 42 officer
was also hit by section 25 of the Evidence Act. He added that the
special procedure in section
High Court directly by way of a petition under Section 438 of the Criminal Procedure Code. The doubt itself was expressed in respect of contingencies ... High Court seeking to guide the power conferred by Section 438 of the Criminal Procedure Code only in exceptional cases. The Constitution Bench held that
under Section 2(a)
of the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against ... read with Section 201
IPC, accused Vikas Yadav was charged under Section 120
read with 201 IPC as also Section 201 read with 34 IPC
call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code , 1952: Sections 9(6) , 164 , 194 ,
327 , 354(3) --`Place ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
Executive Magistrate, it was submitted, being protected under Section
132 of the Code of Criminal Procedure, could never be termed as an
offence so implicating ... usefully refer to Section 154 of the
Code of Criminal Procedure, 1973 ( Cr.P.C .) which reads as under :
"154. Information in cognizable cases
against the appellant. In
exercising powers under Section 227 of the Code of
Criminal Procedure, the settled position of law is that
the Judge while ... this
Court. Taking note of all the ingredients in Section 227 of
the Criminal Procedure Code and the materials placed by
the prosecution
Judge, Thiruvallur. The accused stood charged for offences under Sections 120(B) , 302 & 201 I.P.C. All the accused denied the above charges ... 201 I.P.C., and sentenced them to undergo rigorous imprisonment for seven years each for offence under Section 120(B)
under section 446 ,
his proceedings shall be void.”
In the list of irregularities indicated in Section 461 of the Code of
Criminal Procedure, orders passed ... Section 204 thereof, do not find a
mention. In a situation, as the one in hand, Section 465(1) of the Code of
Criminal Procedure