Section 323 in The Code of Criminal Procedure, 1973
323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed ... apply to the commitment so made] [Inserted by Act 45 of 1978, Section
been committed to it by a Magistrate under this Code."
13. Section 209 Cr.P.C. imposes a legislative compulsion upon the Magistrate ... under the Act. In view of s. 193 of the Code of Criminal Procedure, unless it is positively and specifically provided differently no Court
charges under Sections 323 , 324 , 294 , 427 and 506 I.P.C. read with Section 34 I.P.C. The evidence was also recorded ... Section 209 of the Code to commit cases exclusively triable by the Court of Sessions to that Court. The provisions contained in Section 244
offence under Section 307 I.P.C. and as such, the case is liable to be committed to Sessions.
7. Section 239 ... under Section 307 I.P.C., which is triable by the Sessions Court. Therefore, the question of discharge under Section 239
offence under Section 307 I.P.C. and as such, the case is liable to be
committed to Sessions.
7. Section 239 ... under Section 307 I.P.C., which is triable by the Sessions Court.
Therefore, the question of discharge under Section 239
Crl) 192.where the criminal proceedings could be interfered and quashed in exercise of its power envisaged under section 482 Cr.P.C.
Having considered ... others ) under Sections 307 , 452 I.P.C., P.S. Kotwali Bareilly, District Bareilly filed an application under Section 309 (1) Cr.P.C. (Paper
relevant to refer relevant provisions
of Code of Criminal Procedure . Section 26 , 28 , 29 , 209 , 323 and 326 Cr.P.C
read as follows :
Section ... offence under section 376, section
376A, section 376B, section 376C, section 376D or section
376E of the Indian Penal Code (45 of 1860)] shall
relevant to refer relevant provisions
of Code of Criminal Procedure . Section 26 , 28 , 29 , 209 , 323 and 326 Cr.P.C
read as follows :
Section ... offence under section 376, section
376A, section 376B, section 376C, section 376D or section
376E of the Indian Penal Code (45 of 1860)] shall
Court of Session in terms of Section 323 of the
Code of Criminal Procedure, 1973 ( CrPC ).
3. Brief facts leading to the filing ... Indian Penal Code,
1860 ( IPC ) at Police Station Inder Puri. After completion of investigation,
charge sheet was filed under Sections 341 / 323
ORDER:
This Criminal Revision Case came to be filed, under Sections
397 and 401 of the Code of Criminal Procedure, 1972 (for short,
„the ... charge into Section
307 IPC, because Section 307 IPC is exclusively triable by the
Court of Session.
12. This Court, in Criminal Revision Case
