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
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
Court of Session
under section 323 of the Criminal Procedure Code. Section 323
of the Cr.P.C. gives a wide discretion to the Magistrate ... 323 of the Code are in addition to the
provision of Section 209 of the Code. Section
209 of the Code lays down that when
report (of investigation) under section 173 of the Code
Crl.MC 4120/2016 Page 3 of 42
of Criminal Procedure, 1973 ( ... observing thus:-
Crl.MC 4120/2016 Page 29 of 42
―15. The argument that violation of section 210 Code of
Criminal Procedure does not vitiate
alter a
charge. The said Sections are extracted hereinafter below :-
Section 216 in The Code Of Criminal Procedure, 1973
216. Court may alter charge ... same reads as under:
Section 323 in The Code Of Criminal Procedure, 1973
323. Procedure when, after Commencement of inquiry or trial,
Magistrate finds case
counsel for the State.
2. This application under Section 482 of the Code of
Criminal Procedure (for short „ Cr.P.C ‟) has been filed ... prayed for adding Section 307 of the
Indian Penal Code (for short „ IPC ‟) as well as Section 27 of the Arms
Act and committing
ambit of 'inquiry' as defined in Section 2(g) of the Code of Criminal Procedure, which defines that ' 'inquiry' means ... materials are available to substantiate the offence under Sections 307 and 450 IPC.
14. under Section 323 Cr.P.C, after commencement of enquiry
principle found recognition in Section 26 of
General Clauses Act, 1897. Section 403 (1) of the Code of Criminal
Procedure, 1898 also recognized this principle ... Code of Criminal Procedure
1973 makes a similar provision under Section 300 Cr.P.C., taking a clue
from doctrine of double jeopardy, as provided
observed thus :-
"The question of committal arises under Section 209. Criminal Procedure Code , not immediately after the Magistrate takes cognizance of an offence exclusively ... observed thus :-
"To invoke the provisions of S. 323 , Criminal Procedure Code, it should appear to the Magistrate in any inquiry into an offence
