cognizance order of the learned Magistrate under Section 200 Cr.P.C. in
issuing summons under Section 204 Cr.P.C based on private complaint ... important Section 461 Cr.P.C. which
says irregularities which vitiate the proceedings. The Section covers
clauses A to Q, wherein also Section 251
through accused No.2) and
accused No.2 under Section 251 Cr.P.C. to which the accused pleaded
not guilty and claimed trial ... against accused No.3 was served upon her on
01.06.2013 under Section 251 Cr.P.C., to which she pleaded not guilty
and claimed trial
charge" [ Section 216(3) Cr.P.C.]. Noticeably,
Section 216 Cr.P.C., which is to be read with Section 217 ... provisions of the Code of
Criminal Procedure , 1898 ("old Cr. PC") which preceded the extant
Code of Criminal Procedure
that Chapter XXI of Cr.P.C deals with summary trial wherein
Section 262 Cr.P.C. provides that procedure, specified for
.
trial of summons ... applicable. Procedure for trial of summons case as provided
.
in Sections 251 to 259 Cr.P.C. contained in Chapter XX of
formal notice under Section 251 CrPC was framed by the
Magistrate.
CRL.M.C. 4320/2019 & CRL.M.C. 4326/2019 Page ... application under
section 145(2) N.I. Act.
18. In my opinion, as per mandate of the section 251 CrPC, no formal
notice
Cr.P.C. and the learned Magistrate has power under
Sec. 258 Cr.P.C. to stop further proceedings. The provisions
of Sec. 251 read ... powers under
W.P.(Crl.) No.1650/2016 Page 6 of 8
Sec. 251 along; with the powers under Sec. 258 Cr.P.C.
That
referred to mediation. However, mediation
failed. Thereafter, on 30.07.2018, notice under section 251 Cr.P.C. was
framed. Had the petitioner been aggrieved ... Trial
Court on two counts (i) Framing of notice under section 251 Cr.P.C. and (ii)
listing on 18.09.2018 on maintainability of the complaint
notice under section 251 CrPC and her statement under section
281 read with section 313 CrPC has submitted that she never ... statement
recorded under section 313 CrPC read with section 281(1) CrPC or her
application under section
notice under section 251 CrPC and her statement under section
281 read with section 313 CrPC has submitted that she never ... statement
recorded under section 313 CrPC read with section 281(1) CrPC or her
application under section
notice under section 251 CrPC and her statement under section
281 read with section 313 CrPC has submitted that she never ... statement
recorded under section 313 CrPC read with section 281(1) CrPC or her
application under section