Indra Pratap Tiwari vs State Of U.P. on 13 December, 2021
Author: Sangeeta Chandra
CRIME
NO.102/ 2020 REGISTERED FOR THE OFFENCE
PUNISHABLE UND ER SECTIONS 218 ... Jamkhandi Town Police Station,
registered for the offences punishable under
Sections 218 , 403 , 406 , 420 , 465 , 466 , 477(A)
of The Indian Penal Code (hereinafter
CRIME NO.102/2020
REGISTERED FOR THE OFFENSE PUNISHABLE UNDER
SECTIONS 218, 403, 406, 420, 465, 466, 477(A) OF
IPC AND SECTI ... Jamkhandi Town Police Station,
registered for the offences punishable under
Sections 218 , 403 , 406 , 420 , 465 , 466 , 477(A)
of The Indian Penal Code (hereinafter
FILED FOR OFF ENCE PUNISHABLE
UNDER SECTION 3 AND 7 OF E.C. ACT, 1955, AND
SEC.218, 403, 406, 420, 465, 466, 477A ... registered for the offences punishable
under Sections 3 and & 7 of Essential
Commodities Act, 1955 and Sections 218
lesser punishment provided u/S 407 IPC
which relates exclusively to warehouse keeper, but no charge
can be framed ... contained in Chapter
XVII of Code of Criminal Procedure , especially sub-section 218
provides that if law which creates the offence gives out a
specific
section (1) of section 3 shall be tried by special
Judges only.
(2) Every offence specified in sub-section (1) of
section 3 shall ... borne in mind that the
general rule, in terms of Section 218 Cr.P.C., is that for every distinct
Crl. M.C. No.1128
filed. A
stand was taken by the CBI by relying on Section 218 of the Code and
was submitted that a distinct charge ... joint investigation. It was stated
that the only exception is under Sections 219 and 220 of the Code that a
person can be tried
Apex
Court formulated inter alia the following principles:-
"51.1. Section 218 provides that
separate trials shall be conducted for
distinct offences alleged ... combination satisfied.
51.2. while applying the principle
enunciated in section 218-223 on
conducting joint separate trials, the trial
court should apply a two pronged
accused to summon and try respondents for commission of
offences under section 218 , 408 , 420 , 467 , 468 , 471 , 120-B IPC. In order to
prove ... part
of respondent/accused which is essential ingredient of offences under sections
218 , 408 , 420 , 467 , 468 , 471 , 120-B IPC. Hence evidence
Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- APPLICATION U/S 482 No. - 17246 of 2006
Applicant :- Avnindra Kumar
Opposite Party :- State ... arising out of Case Crime No. 157 of 2005), under Sections 218 , 419 , 420 and 467 IPC, Police Station Divyapur, District Auraiya.
3. Learned counsel