trial are proceedings under the
Code. Therefore, the argument advanced by
the learned counsel for the petitioner that
Section 311A has no application ... learned Magistrate that the application under Section 311A
Crl.M.C No.3427 of 2013 11
Cr.P.C cannot be entertained at the time
Section 420 read with Section 511 IPC,
419 IPC , 468 IPC and 471 IPC was framed against accused Gokul
Chand Aggarwal.
A charge under Section ... with Section 15 of P. C. Act 1988 and offences under
Section 420 read with Section 511 IPC, 468 IPC and 471 IPC were
framed
IPC and under
Section 419 / 468 / 471 IPC.
A separate charge was framed accused Sushil Kr. Sharma (A9)
under Section 420 / 511 IPC ... Nitin Mehta
(A10) under Section 420 read with Section 511 IPC.
Prosecution Evidence, statement under Section 313 CrPC and
defence evidence
period, accused moved applications u/s 311 Cr.P.C
and u/s 311A Cr.P.C . The aforesaid applications were dismissed
vide order dated ... stands
acquitted of offence u/s 138 of the Act.
26. File be consigned to records after compliance Section 437A
Cr.P.C.
Announced
evidence at all. As such, no charge under Section 467 IPC &
468 IPC can be legally sustained against the accused/
revisionist ... told about the amendment in the Criminal
Procedure Code by which Section 311A Cr.P.C was inserted
with effect from 23.06.2006 by which permission
defined under clause (a) of Section 2 of The Identification
of Prisoners Act, 1920. Therefore, Section 4 and Section 5
of The Identification of Prisoners ... notified, inter-alia, inserting Section 311A in the Code of
Criminal Procedure , 1973, even a Magistrate could not
direct a person accused to give specimen
defined under clause (a) of Section 2 of The Identification
of Prisoners Act, 1920. Therefore, Section 4 and Section 5
of The Identification of Prisoners ... notified, inter-alia, inserting Section 311A in the Code of
Criminal Procedure , 1973, even a Magistrate could not
direct a person accused to give specimen
held the marriage dissolved in the application
filed under Section 125 Code of Criminal Procedure and the opposite party no. 1 is a
divorced wife ... apply procedure of law under Section 311 as
well as 311A of the Code of Criminal Procedure .
5
It was contended by the learned advocate
Court.
4
Hence, it is
ORDERED
That Criminal Revision No. 2 of 2013 be and the same is
allowed on contest.
The impugned order dated ... signatures and handwriting by invoking the provision
of Section 311A of the Code of Criminal Procedure and directed them
to be present in court
barred by Section 265K of the Code of Criminal
Cr. A. No.06/12 16/26
Procedure, 1973.
It is concluded, the impugned judgment ... requests that
prior to amendment and incorporation of section 311A in the Code
of Criminal Procedure 1973, there was no bar with the
investigating agency
