learned Magistrate committed it to that Court as provided in Section 209 Cr.P.C. However, the case of the complainant (Non-revisionist ... similar cases also......."
"13. The above Section does not make an inroad into Section 209 because the former is intended to cover cases
Sh. Vishwa Vibhuti vs Central Bureau Of Investigation on 6 July, 2012
Author: Anil Kumar
been separately dealt with under sub- sections 3 to 9 in Section 407
which are adopted in Section 408 which separately deals with such power ... court within his Sessions Division as enjoined by Section
408 Cr.P.C. Significantly Section 209 Cr.P.C. does not speak of committing
evident from the scheme of the new Code of 1973. Section 209 of the Code of 1973 dispenses with the inquiry preliminary to commitment ... Section 202 , there is in his judgment "no sufficient ground for proceeding". The words 'sufficient ground' used also in Sec. 209
offence
punishable under section 120B / 420 / 460 / 467 / 468 / 471 / 511 of
IPC and Section 13(2) read with Section 13(1)(d) of Prevention ... offence,
punishable under section 120B IPC. The pertinent charge around
which the present controversy revolves under section 209 IPC reads
as under:
"That
were released on bail.
2. Vide the committal Order under Section 209
Cr.P.C. dated 25.07.2009, when all the petitioners
were present before ... conclusion of the trial. So, under the
provisions of sub-Section (b) of Section 209
Cr.P.C., the Magistrate has a discretion to direct
commitment so
made."
13. The above section does not make an inroad into Section 209
because the former is intended to cover cases ... virtue of Section
323 of the Code when he commits the cross-case also to the
Court of Session. Commitment under Sections 209
committing the former case to the Sessions Court as
provided in Section 209 Cr.P.C. Though, the next case cannot be
committed in accordance ... meet similar cases also.
Section 323 Cr.P.C. does not make an inroad into Section 209 because
the former is intended to cover cases
Section 209. That is
the plain meaning of Section 227 read with Section 209 of the Code.
No provision in the Code grants ... section (14). The aforesaid Sections 207
and 207A have been omitted from the Code and a new Section 209
-:20:- 16.03.2012
State Vs. Vikas
violating the provisions of section 209A of the Act which is
punishable u/s 209A(8) of the Act. Section 209 A(8) contains that ... notice
u/s 251 Cr.P.C . was served upon the accused persons on dated 28.08.03 for
the offence punishable u/s 209
