Charge framed under Section 498A of the IPC, was in
violation of the provisions of Section 211 to Section 213 of the
... that the Charge framed
under Section 498A of the IPC is in violation of Sections 211 to 213
of the Cr.P.C. Section 211
Suyambulinga Bharathi
Government Advocate(Crl.side)
http://www.judis.nic.in
2
ORDER
This Criminal Original Petition has been filed to quash the order
dated ... submitted that the learned Magistrate did not
follow the procedure laid down under Section 211 Cr.P.C., and
procedures laid down under Section
Suyambulinga Bharathi
Government Advocate(Crl.side)
http://www.judis.nic.in
2
ORDER
This Criminal Original Petition has been filed to quash the order
dated ... submitted that the learned Magistrate did not
follow the procedure laid down under Section 211 Cr.P.C., and
procedures laid down under Section
registered under Section
154 CrPC and not a complaint case lodged before the
Magistrate under Section 190 CrPC. Thus, the High ... consider the plea of addition
of sections at the stage of framing of charge under Section
211 CrPC since the matter emerged
other offences. Subsequently, the petitioner filed a petition
under Sections 211 and 300 Cr.P.C seeking to enquire and close the case ... offence
under Section 498(A) IPC. As such charges were framed for the offences
under Sections 419 , 495 , 420 and 506(i) IPC and posted
which he will have to answer during
trial. Further, Section 211 of Code of Criminal Procedure says
that, each offence if there is named, charge ... thereby, he had committed the above said offences.
10. Section 211 of Code of Criminal Procedure reads as
Crl
complaint against the accused invoking Section 211 IPC. Hence, the complainant has filed a complaint under Section 211 of IPC before the Judicial Magistrate, Salem ... report under Section 211 IPC. The offence under Section 211 IPC is non-cognizable, bailable and non compoundable. To invoke Section 211 IPC, a complaint
Section 211
I.P.C. complaint can only be filed by the Court, qua which offence under
Section 211 I.P.C. was committed.
Section ... apparent that offence under Section 211 I.P.C. falls
under Section 195 (1) (b) (i) Cr.P.C. and, therefore, complaint can only
Sections 406 , 420 , 424 and 120-
B IPC.
Counsel for the petitioner has contended that the said
complaint on 17.05.2005 under Section 156(3) ... take cognizance of offence under Section
211 IPC against the petitioner in view of prayer made under 195
Cr.P.C.
Counsel for the petitioner
Women Police Station,
Madipakkam,
Chennai. ... Respondent
Prayer: Criminal Original Petition filed under section 482 of Criminal
Procedure Code, to issue suitable direction to the Judicial ... from the offence under Section 498(A) IPC, observed that the
offence under Section 419 , 420 , 495 and 506(i) IPC is made