DELHI
12.11.2013"
CRL.REV. P. 698/2017 Page 3 of 10
8. Section 353 of the Code of Criminal Procedure reads as under ... Clearly, the judgment does not satisfy the requirements of
Section 353 Cr.P.C. The Trial Court in the proceeding sheet dated
12.11.2013 has record
Court to exercise the suo-moto powers
purportedly under Section 319 Cr.P.C. as neither was there any evidence on
record to justify ... judgment in terms of Section 353 of Cr.PC As per the
provisions of Section 353 of the Cr.PC judgment is pronounced only after
court, provision of Section 353
(6) Cr.P.C. would apply as envisaged by Section 387
Cr.P.C. In the instant case petitioner ... Section 387 read with
Sections 353 (5) and 353 (6) . Provisions
regarding the judgment, as contained in Chapter
XXVII of the Criminal Procedure Code
Cr.P.C. Sufficient opportunity has not been
provided to put forth the defense evidence. The delivery of
judgment is vitiated under Section 353 ... appeal.
12. The evidence recorded under Section 273 of Cr.P.C.,
or the judgment pronounced under Section 353 of Cr.P.C.,
does
Section 195(l)(a)(i) of Cr.P.C. is
illegal. When Magistrate acts in contravention of bar
under Section 195 Cr.P.C ... Cr.P.C. Even no witness has been cited
in this respect. Thus, prosecution has failed to prove complaint u/s
195 Cr.P.C
pressed
into service with regard to interpretation of Section 357(2)
Cr.P.C. which section is neither referred to nor adverted ... Cr.P.C.
Section 357(2) Cr.P.C. is part of Chapter XXVII”THE JUDGMENT”
of the Criminal Procedure Code , 1973. Section 353 deals
pressed
into service with regard to interpretation of Section 357(2)
Cr.P.C. which section is neither referred to nor adverted ... Cr.P.C.
Section 357(2) Cr.P.C. is part of Chapter XXVII”THE JUDGMENT”
of the Criminal Procedure Code , 1973. Section 353 deals
section in the Criminal Procedure Code which
provides that the accused must be present at every hearing of the
case, though there are several sections ... except Section 205 of
Cr.P.C., but it is implied in some of the other sections in the Code.
For example, Section 353
section 195 of the Cr.P.C. The other offences are
also there which are not covered under section 195 of the Cr.P.C ... Section 195(1)(a)(i) of Cr.P.C is illegal.
When Magistrate acts in contravention of bar under Section 195 Cr.P.C
present Revision Petition under Section 397 Cr.P.C.
read with Section 399 Cr.P.C has been filed by the
Revisionist ... Section 195 Cr.P.C. and it was
not open to bye-pass its provisions by choosing to
prosecute U/s 353 of IPC . Even
