Court, Kozhikode, approach this Court under
Section 482 of the Code of Criminal Procedure (for short
'the Cr.P.C .') seeking an order ... cognizance was taken under Section 190(1)(a) of the
Code of Criminal Procedure at that time.
Crl
Magistrate should have taken recourse to the procedure prescribed for dealing with complaints from Section 200 Cr.P.C. because in view of Section ... present, that he has not adopted the procedure prescribed for complaint case as given in the Cr.P.C . and the contention is therefore, unacceptable
Rules framed by the
Central Government under Section 549 of the Criminal
Procedure Code apply to a case where the proceedings
against the petitioner have ... accused can be tried by the ordinary criminal court in
accordance with the Code of Criminal Procedure . On the
other hand if the Authorities under
application was filed by the Prosecutor under Section
306 of the Criminal Procedure Code (for short the 'Code') for grant of
pardon. This ... that Code.
(3) Save as provided in sub-sections (1) or
sub-section (2), the provisions of the Code of Criminal
Procedure , 1973, shall
petitioner by moving application under Section 190 of the Code of Criminal Procedure (for short ' CrPC ') read with Section ... Bhooraji (supra) propounded that after enactment of the Code of Criminal Procedure 1973, the Committal Court, in police chargesheeted cases, can not examine any witness
said applications. As both these Criminal revision petitions directed against the common order passed in both the Criminal Cases by the learned ... offence as defined is S. 499 of I.P.C. Therefore under Section 179 of Cr.P.C., either the Court where the words
Advocate)
2
This Criminal Revision Petition is filed under Section
397 read with Section 401 of the Code of Criminal Procedure,
1973, praying ... grant compensation in terms of Section 357 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as 'the
vitiated due to want of the very jurisdiction. Section 460 of Cr.P.C deals with irregularities which do not vitiate the proceedings. Section ... trial and conviction are void as provided under Section 461 of Cr.P.C.
6. If the trial itself is void consequence will be that
provisions of Section 262 to 265 (both inclusive) of the Code of Criminal Procedure shall as far as may be apply to such trial ... rehear the case in the manner provided by the Code of Criminal Procedure . Thus even if at the commencement of the summary trial the Magistrate
wide plentitude
powers available under Sec.482 of the Code of Criminal Procedure to hold
that the trial need not be held denovo ... Explosives Act as well as Sec.26(b) of the Code of
Criminal Procedure, read with the provisions in the I Schedule to the
Code
