commission of abetment of
offence under Section 509 IPC.
15. Section 251 of the Code of Criminal Procedure deals with
the stage subsequent to issue ... tried. Therefore, it is inherent in Section 251 of the Code of
Criminal Procedure that when an accused appears before the
Trial Court pursuant
what
procedure Magistrate was required to follow in the case; whether
Magistrate was to follow procedure u/s 251-A Cr.P.C ( the procedure ... Section 251-A."
20. In view of above statutory law, the magistrate is required to follow
procedure provided under section 251-A
Learned trial court while exercising powers under section
251-A of the Code of criminal procedure had rightly concluded
thatthe charge against the petitioners ... Kathua reads as under:-
"6. Sub-section (2) and sub-section (3) of Section 251-A
Cr.P.C provides two situations. One when
argued that the trial Court has not appreciated the scope of section 251 Cr.P.C, which entered into a roving enquiry, sifted and weighed ... aside, and the accused persons are liable to be charged under Section 5(2) of PCA. Whereas, M/S J.P. Singh
Section 251-A , Criminal Procedure Code. Under Sub-section (2) of Section 251-A Criminal Procedure Code, the Magistrate has the jurisdiction to pass ... preliminary stage when he was acting under Section 251-A Sub-section (1), Criminal Procedure Code and had directed the prosecution to supply copies
view, are worthy of emulation by the Criminal Courts all over
the country dealing with cases under Section 138 of the Negotiable
Instruments ... appearance during trial and
ask him to take notice under Section 251 Cr.P.C. to enable him
to enter his plea of defence
persons from the charges leveled against them has no effect on the
criminal proceedings initiated against the accused.
8. It is further stated ... charge sheeted under Sections 409 / 411 RPC, which are
warrant trial.
11. Procedure for warrant trial has been provided in Section 251
section something which is not there. Sub-section (4) of Section 173 does not control Sub-section (7) of Section 251-A of the Code ... examined under Section 161 Cr.P.C. cannot be allowed to be produced, in view of the language of Section 173(4)
terms of section 8 of Criminal Law Amendment Act 1958,
the procedure of trial of warrant as given in Cr.P.C shall be
applicable ... mentions section 251-A Cr.P.C .
"[251A. Procedure to be adopted in cases instituted on police
report.
561-A
hand' used in the said I sub-section. This was especially so Where the Magistrate records a plea of Built, In such cases strict ... already observed the procedure applicable to the present case was that which was given in Section 251-A , Cr.P.C. To follow the contention
