CRIMINAL) NO. 303 OF 2021
WRIT PETITION (CRIMINAL) NO. 305 OF 2021
WRIT PETITION (CRIMINAL) NO. 453 OF 2021
WRIT PETITION (CRIMINAL) NO. 454 ... Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal Procedure , 19739 which are also under
challenge. However
trial
Court against petitioner and entire
consequential criminal proceedings
pending before the trial Court in Criminal
Case No.149/2011. Impugned proceedings
(RCT/149/2011 ... 2017 passed by trial Court in
Criminal Case No.521/2011. Impugned
Proceedings (Criminal Case No.521/2011)
concluded vide judgment dated 25/09/2019
IPC read with Section 11 / 13 of MPDVPK Act. By order dated 2-2-
2008 charge under Section 364(A) / 34 , 365 / 34 of IPC ... appellant was not produced, therefore, his
examination under Section 313 of Cr.P.C. was deferred. Accordingly,
his statements under Section 313 of
jurisdiction of this Court under section 438 of the Code of
Criminal Procedure 1973, (for short, Cr.P.C ) without having
approached any other Court ... convert the jurisdiction into that under Section 438 of the Criminal
Procedure Code, but that it is used sparingly and such orders made in
very
Kerala , 2003 (4) RCR (Criminal) 733 (DB),
Ranjit Singh Virk vs. State of Punjab, 1997 (3) RCR (Criminal),
207 etc.
2 of 12
::: Downloaded ... convert
the jurisdiction into that under Section 438 of the
Criminal Procedure Code, but that it is used sparingly
and such orders made in very
offence under Sections 336 , 323 , 504 , 506 , 147 , 308 , 452 I.P.C. against all applicants.
3. Learned trial Court took cognizance on both ... quash the criminal proceedings in that case was on the basis of its assessment of the statements recorded under Section 161
criminal proceedings. Reliance was placed upon the statement of
the said person recorded under Section 164 Cr.P.C. to contend that
there ... thus, submitted that the criminal Court
had acquitted the writ petitioner after detailed consideration and even
proceedings under Section 340 Cr.P.C. had been
refused to quash the criminal proceedings under section 307 IPC. In the supplementary counter affidavit, he has further filed a complaint against the applicants before ... prevent abuse of its process and to control its own procedure must in a criminal court include a power to safeguard an accused person from
private complaint
on 26.12.2018 under Section 200 of Code of
Criminal Procedure [' Cr.P.C .' for short] against
the petitioners in both ... quashing
of criminal proceedings, initiated against an
accused by a High Court under Section 482 of the
Code of Criminal Procedure (hereinafter referred
opposite party no. 2 under Section 156(3) of the Code of Criminal
Procedure before the learned Additional Chief Judicial Magistrate,
Durgapur alleging commission ... criminal offence as made out
in the written complaint.
The application under Section 156(3) of the Code of Criminal
Procedure which resulted in registration
