Chief Judicial Magistrate, Srinagar on 17-06-1978 in term of Section 344 Cr.P.C.. seeking postponement of proceedings. Annexure- B is the certified ... postponement of the investigation in terms of the Section 344 Cr.P.C. in the case when FIR in this behalf came to be registered
such a situation that Section 245(2) , Criminal Procedure Code becomes applicable. This section may be quoted here :
"245. When accused shall be discharged ... after taking of evidence as referred under Section 344 , Criminal Procedure Code. So after the evidence, if the Magistrate may find that no case against
accused person was necessary for the purpose of his remand under Sec.344 Cr.P.C. (corresponding section 309 Cr.P.C) and whether ... order of remand which appropriately falls within the term of Sec.344 Cr.P.C (corresponding section 309) is not open to challenge in habeas
there is evidence
otherwise available proving the criminal act of the
accused concerned.
29. For reasons discussed, Criminal Revision Petition on hand is
allowed. Trial ... execution of the process issued, Trial Court shall pass order under
Section 344 Cr.P.C. as regards remand and custody
Charge Sheet :- If after a limit of
15 days provided by Section 167 , Cr.P.C., a further
remand of the accused is considered necessary ... Magistrate in
order to enable him to grant remand under Section 344 ,
Cr.P.C. This preliminary charge sheet shall state facts
of the case
Shrishail S/O. Madivalappa Ganiger vs The State Of Karnataka on 16 March, 2026
Author
accused person was necessary for the purpose of his remand under Sec.344 Cr.P.C. (corresponding section 309 Cr.P.C) and whether ... order of remand which appropriately falls within the term of Sec.344 Cr.P.C (corresponding section 309) is not open to challenge in habeas
prosecution often took
recourse to the provisions of Section 344 of the Code of Criminal
Procedure, 1898 and filed a preliminary or incomplete report before ... Section 167 of the Code of Criminal Procedure, 1898
("the 1898 Code") which was in force prior to the enactment of the CrPC
order made
under that section by a Magistrate or a Court; which was
mentioned in Section 344(2) of the ... Thus, sub section 2 of Section 344 of the Cr.PC, 1898 is
not carried forward U/s.309 of the Cr.PC , 1973. Therefore
deposed that on 03.04.2000, he
Signature Not Verified CRL.A. 897/2006
Page 30 of 46
Signed By:KOMAL
DHAWAN
Signing Date ... therefore, the trial court was quite justified in
initiating proceedings under Section 344 Cr.P.C against him.
30. Here it would be apposite
