that
the Trial Court has not recorded the statement under Section 342
Cr.P.C. correctly. It is stated that when statement under Section ... Cr.P.C. is not recorded in the manner provided by law and
incriminating evidence, if any, existing on record
State of U.P. and others, under Section 133 of Code of Criminal Procedure (hereinafter referred to as ' Cr.P.C .') was assailed ... Cr.P.C., there is no provision in the Code of Criminal Procedure to file recall application. It was further submitted that criminal courts have
metropolitan cities and towns had started walking towards
6
The Code of Criminal Procedure , 1973
Writ Petition (Criminal) No.154 of 2020
Vinod ... deal with the matter. He cited criminal revision petitions
under section 435 of the Criminal Procedure Code,
applications for bail and applications for transfer under
dated 06.03.2000.
The accused has been examined in terms of Section 342 Cr.P.C.
wherein he has denied complicity in the crime and added ... counsel for the defence as
required in terms of Section 273 Cr.P.C., the accused was called upon to
enter on his defence
present petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter referred to as " ... Officer-in-Charge,
Delhi 1999(3) R.C.R.(Criminal) 440, the application under Section 311
Cr.P.C. was moved when the defence pointed
irregularity which was cured by Section 537 of the Code. The Code is a long list of imperative provisions, some of which have references ... nature of the procedure, and the details of that procedure are to be worked out with reference to Sections 277 to 279 ,
examination and
cross-examination of the witnesses is contained in
Criminal Procedure Code and Evidence Act . The above
procedure does not prescribe taking evidence ... inquiry, trial or other
proceeding under this Code. This section was inserted
by the Code of Criminal Procedure Amendment
Reference made by the learned Judge under Section 274 , Cr.P.C. as well as on appeals preferred by them.
2. The facts ... adequate examination of the accused under the mandatory provisions of Section 342 , Cr.P.C. The matter is one of considerable importance and is constantly
follow procedure under Section
126 - Recording of evidence : procedure to be adopted.
When Section 126(2) of the Code prescribes the
procedure to be followed ... cases. The procedure that is prescribed for recording of
evidence in summons case is found in Section 274 of the
Criminal Procedure Code. The said
followed the procedure which is not contemplated in the Code of Criminal Procedure , by conducting preliminary enquiry. It has also been observed that the evidence ... raised in this revision, perusal of Section 126 of the Code of Criminal Procedure would become essential. Section 126 of the Code provides thus
