remanding the accused. On a plain reading of Sub-section (1A) of Section 344 , all that is needed for remanding the accused is a Warrant ... section (2) of Section 344 no doubt states that every order made under the section by a Court other than a High Court shall
trials, but principally by reason of Sub-section (2) of Section 117 , Criminal P. C.
Section 344 , Criminal P. C., appears in chapter XXIV which ... recording evidence in summons cases.
Read with this provision, Sub-section (1A) of Section 344 has, in our opinion, to be construed in its application
therefore, that in view of what is said in Sub-section (1) of section 344, Criminal P. C. the power of lemanding the accused ... accused to custody on the basis of the provisions of section 170 or section 344 , Cr. P. C. The accused must be released from custody
offence under Clause (b), Section 190(1) , nor can he remand the accused to custody under Section 344 .
8. This argument at any rate ... shows that the police must have been acting under Section 167 and not Section 344 .
11. Whether this be so or not however and whether
Section 344 is to be distinguished from the remand under Section 167(2). Section 344
is more general than Section 167(2), which is confined ... police along with the accused under Section 170. A Magistrate passing an order under Section 344 may have to act judicially but acting judicially
adjournment of the hearing of the appeal. He has contended that Section 344 which occurs in chap, 14, Criminal P. C., which is headed ... other sections, and provides for the exercise of any of the powers conferred on a Court of appeal by those sections including Section
Court.
(4) In this section," Court" has the same meaning as in section 195 ."
12. Section 344 Cr.P.C. is quoted ... against the appellant, hence the provisions of section 340 is not attracted.
20. So far as section 344 Cr.P.C. is concerned, the order
Barely as well as impugned summoning order dated 20.08.2024 under Section 344 Cr.P.C."
4. The brief facts of this case are that ... proceedings against the applicant i.e. P.W.1 under Section 344 Cr.P.C. by lodging miscellaneous case separately and consequential impugned order dated
staying the proceedings of the trial as per sub-section (4) of Section 344 Cr.P.C.
10. In order to appreciate the rival contentions ... such an offence.
15. The provisions contained under sub-section (4) of Section 344 provide that where, after any action is initiated under sub-section
order dated 03.12.2019 beyond its jurisdiction without considering the provisions of section 344 (4) Cr.P.C., which provides that where after any action ... section 340 for the offence, where it does not choose to proceed under this section.
(4) Where, after any action is initiated under sub- section
