However, a proviso is expressly engrafted in sub section (1) of Sec. 218.
which reads as follows:
distinct"S.218. of which any person ... against such person. It is also explicitly provided
in sub section (2) of Sec.218 that nothing in sub-section (1) of Sec.218
shall
them separately.
He therefore submits that the proviso to sub-section (1) of Section 218 read with Section 223 is clearly attracted in this case ... Sections 218 to 222 are all subject to Section 223 and sub-section (2) of Section 218 itself makes that clear. He further contends that
order : 11.05.2015
Date of pronouncement : 04.06.2015
Final Order : Acquitted
FIR No.218/03 u/s. 279 / 304A
State Vs. Rajesh Kumar 1/ 6
BRIEF STATEMENT ... under section 251 Cr.P.C for the
offence punishable under section 279 / 304A IPC was framed against the accused
FIR No.218/03
trial court only at the time of framing of charge under Sections 216, 218 or under Section 228 CrPC as the case may be which ... trial court only at the time of framing of charge under Sections 216, 218 or under Section 228 CrPC as the case may be which
Kerala High Court in 1996 (3) Crimes 283 (cited supra), Section 219 Cr.P.C. is an exception to the general rule. As stated earlier ... defend them. Sections 219 and 220 Cr.P.C. lay down different and distinct exception to the general rule contemplated under Section 218
cognizance under Section 190, may direct an investigation
under Section 156 (3) Cr. P.C. The Magistrate, who is
empowered under Section 190 to take ... read with
Section 120B IPC. Out of the said alleged offences, all are
noncognizable offences except offences under Section 218
under:
"8. A brief overview of the provisions of Sections
218 to 224 would show that the submissions of the
learned counsel ... each of
such charge in accordance with the provisions of
Section 218 of the Cr.P.C. The exceptions culled out in
Sections
respondent/accused
is alleged to have committed the offence U/S 166/167/212/217/218/219 of
IPC and Ld. Trial Court vide ... with his service revolver and committed the offences
punishable U/S 166/167/212/217/218/219 of IPC and the petitioner has
also filed
offences punishable U/S 7, 12, 13 of Prevention of
Corruption Act, 1988 read with Sections 120B, 217, 218 ... registration of FIR U/Sec 7, 12, 13 of the Prevention of
Corruption Act, 1988 r/w Section 120B , 217 , 218
whether he has been forwarded in custody under section 170 .
11. Further under Section 190 (1) (b) Cr.P.C. which states that ... 218 of Indian Penal Code and Sections 25 (1) (e) , 27 of the Arms Act."
12. The learned senior counsel appearing
