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
unde r Chapter IX of that Code be fore a Family
Court, If that be so, the procedure as
contemplate d in Section ... proceedings are instituted in the criminal Court and they
are governed by the provisions of Cr.P.C , then such
proceedings necessarily are and have
proceedings are instituted in the Criminal Court and
they are governed by the provisions of Code of Criminal
Procedure , then such proceedings necessarily and have ... Code of Criminal
Procedure . This Court having no other option in view of
the procedural lapses under Section 126(2) Cr.P.C., the
matter
Court at Bangalore in Crl.Misc.No.758/2022, partly
allowing the petition filed by petitioner/wife under Section
125 of Cr.P.C.
RPFC ... Family Court has grossly violated the
procedure contemplated under Section 126(2) read with
Section 274 Cr.P.C., at the time of recording evidence
Court at Bangalore in Crl.Misc.No.758/2022, partly
allowing the petition filed by petitioner/wife under Section
125 of Cr.P.C.
RPFC ... Family Court has grossly violated the
procedure contemplated under Section 126(2) read with
Section 274 Cr.P.C., at the time of recording evidence
RESPONDENT
(BY SRI.N.P.VIVEKMEHTA, ADV.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO CALL FOR RECORDS ... respondent. The petition was filed under
Section 125 of the Cr.P.C. The learned Magistrate has
passed the order directing the petitioners to lead
Cognizance of offences.--(1) Notwithstanding
anything contained in the Criminal Procedure Code , 1973 (2 of 1974)--
(a) no court shall take cognizance of any offence ... Court to try cases summarily.-- (1)
Notwithstanding anything contained in the Criminal Procedure
Code , 1973 (2 of 1974), all offences under this Chapter shall
Cognizance of offences.--(1)
Notwithstanding anything contained in the Criminal
Procedure Code , 1973 (2 of 1974)--
(a) no court shall take cognizance of any offence ... Court to try cases summarily.--
(1) Notwithstanding anything contained in the Criminal
Procedure Code , 1973 (2 of 1974), all offences under this
Chapter shall
Court having not followed the
procedure as contemplated under the provision of
Sec.126(2) and Sec.247 of Cr.P.C. In support ... proceedings are instituted in the Criminal Court and they
are governed by the provisions of Code of Criminal
Procedure , then such proceedings necessarily
Court having not followed the
procedure as contemplated under the provision of
Sec.126(2) and Sec.247 of Cr.P.C. In support ... proceedings are instituted in the Criminal Court and they
are governed by the provisions of Code of Criminal
Procedure , then such proceedings necessarily
