whole for 15 days Under Section 167 , the only provision under which the person could be remanded is Section 344 . It is also urged that ... this section).
10. It is urged that, whatever might be the nature of the custody Under Section 167 , the custody Under Section 344 is only
consideration. Their Lordships stated:
"There are two sections namely, Section 167 and Section 344 in the Criminal Procedure Code which empower the Magistrate ... contention that the provision of Section 173 is a condition precedent to a remand under Section 344 (1A) is wholly without merit. Further
learned Magistrate ordered initiation of
proceedings against the complainant under Section 344 of
the Code of Criminal Procedure. Accordingly, after the
acquittal of the accused ... complaint alleging the offence punishable under
Section 193 IPC, and thought of only summary procedure
under Section 344 (1) of the Code of Criminal Procedure
Sessions Judge ordered for initiation of proceedings against him under Section 344(1) of the Cr. P.C. (for short 'the Code ... Sessions Judge has not followed the procedure in accordance with law. Section 344(1) of the Code provides that after taking cognizance of the offence
magistrate took cognizance of the offence against PW2 as provided
under Section 344 of the Cr.P.C. as MC No.42/2004. After ... sentenced PW2 under
Crl.Rev.Pet.No.1200 OF 2006
3
Section 344 of the Cr.P.C. to undergo simple imprisonment for three days
cause why
he should not be punished for an offence under
Sec.344 of the Code of Criminal Procedure ( Cr.P.C
for short). This ... refused to accept the document as reliable to take
action under Sec.344 of the Cr.P.C and consequently
rejected the petitioner
Therefore,
according to the petitioners, in view of Section 344(4) of the
Criminal Procedure Code, the Sessions Judge was bound to stay
further proceedings ... 2012 before this Court in accordance with
Section 344(4) of the Criminal Procedure Code. But, no orders
have been passed on the same
petitioner was entitled to an order for judicial custody under Section 344 of the Criminal P.C. That the Section applies even ... custody, he should, under Sub-Section (3) record his reasons for so do-ins.
7. As for Section 344 , assuming without deciding, that it contemplates
Supreme Court says in Gauri Shankar v. State of Bihar :
Section 344 , on the other hand, appears in Chapter XXIV which deals with inquiries ... contention of the Public Prosecutor that Section 309 provides for police custody cannot be accepted. Neither Section 344 of the old Code nor Section
this case,
PW1 is liable to be prosecuted as provided by Section 344
W.P(c) No.6708 ... been ordered to be prosecuted
for giving false evidence under Section 344 Cr.P.C. It was in
those circumstances that it was decided
