sections, and it is hardly necessary to decide the full ambit of Section 207A and contrast it with that of Section 209. If there ... Section 207A:
(1) The test for discharging the accused must in a large way be the same under both the sections, i.e., Sections 209
procedure was eliminated by virtue of the
amended provisions of Section 209 which made it
quite clear that when in a case instituted ... inquiry or trial
and that proceedings before a Magistrate under
Section 209 Cr.P.C. are not trial proceedings nor
were they ever meant
with the provisions under Section 207 or 208 of the Cr. P.C. Relying on the provisions of Section 209 ... governed by Sub-section (4) and (5) of Section 306 which are Special provisions but not by Section 209(a) which is a general provision
whether in a challan submitted under Section 307 / 34 Indian Penal Code a Magistrate under Section 209 of the Code in deciding whether the offence ... examination of the provisions of Sections 227 and 228 brings out that a Magistrate under Section 209 is only to examine the record with
under
Section 156(3) of the Code or himself hold
an inquiry under Section 202 before taking
cognizance of the offence under Section ... except
where the case is transferred under Section
191) or commit him for trial under Section
209 of the Code if the offence is triable
power of discharge given to the Magistrate under Sub-section (1) of Section 253 . The sections dealing with the power of discharge in an inquiry ... given while dealing with Section 253 of the Code, the power to discharge under Sub-section (2) of Section 209 is a bit restricted, while
providing copies to the accused under Section 208, Cr. P C. and to pass orders under Section 209, Cr. p. C on that very date ... that Section 484(2) it discriminatory and violates Article 14 of the Constitution of India. It was argued that under Section 209
either
under Section 319 Cr.P.C or under any other provision.
(j) That at the stage of committal proceedings under Section 209 ... wherein it was observed that at the stage of
committal under Section 209 Cr.P.C, a Magistrate is forbidden to apply his
mind
without
following the procedure as provided under section 204 Cr.PC,
stage of section 207 to 209 Cr.PC cannot be reached and
therefore ... otherwise the documents
referred to in section 208 of the Code. We
have read section 209 in the aforesaid
sequences of provisions.
"209 Commitment
order,
Ld. Trial Court dismissed the application of prosecution U/S 323 read with Section
209 Cr.P.C.
2 Brief facts of the case ... Addl. P.P moved an application on
25.11.09 U/S 323 read with Section 209 Cr.P.C to commit the case to Sessions
court
