proving the charge of conspiracy under Section 120B read with Section 379 and 218 the prosecution choose to rely upon some acts of the conspirators ... Andrade for the offences punishable (1) under Section 120B read with Section 379 and (2) Section 218, Penal Code."
Now, this document has been
tried separately except in the cases
mentioned in Section 234 , 235 , 236 and 239 .”
Section 218 of the 1973 Code reads as follows
“For every ... same as Section 233 Cr.P.C, 1898.
By the proviso to Sub-section (1) of Section 218 , it has
been enacted that where
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
section (1) shall affect the operation
of the provisions of sections 219, 220, 221 and
223."
The mandate of Section 218 ... order that the Magistrate
may pass under proviso to sub-Section (1) of Section
218 of the Cr.P.C.
--- --- --- --- --- ---
75. On the aforesaid question
case which would otherwise not fallen in the main Section. Sub-section (2) of Section 218, Cr. P.C. provides that nothing in Sub-section ... conformity with the provisions of Sections 219, 220, 221 and 223. These Sections appear after Section 218 and, therefore, they restrict the operation
Kamalanantha And Ors vs State Of Tamil Nadu on 5 April, 2005
Equivalent citations: AIR
offence under Section 201 I.P.C. and another two years R.I for an offence under Section 218 I.P.C.
A3 was sentenced ... years for an offence under Section 201 I.P.C. and another two years for an offence under Section 218 I.P.C.
The sentences
charges framed against the accused. Sub-section
(2) clearly stipulates that the provisions of Section 218 shall not
impinge upon the provisions of Sections ... each charge be tried separately. Section 219 thus
being an exception to the general rule crafted in Section 218
permits joint trial if a person
property as provided in sub- section (2) of section 212 or in
sub- section (1) of section 219 , is accused of committing, for the
purpose ... this section shall affect section 71 of
the Indian Penal Code (45 of 1860 ).
11. On a reading of Section 218
whole has made out
cognizable offences under Section 120B read with Section
167 / 218 , 471 / 466 and 471 / 465 of the Indian Penal Code ... that extent, the emphasis of the petitioner on
Section 167 and Section 218 of the Indian Penal Code relating to preparing of
incorrect document
