power to invoke Sub Clause (1) (b) of
Section 122 of Cr.P.C.
3. Section 110 Cr.P.C. which deals with the execution ... Indian
Penal Code (45 of 1860 ), or under section
489A, section 489B, section 489C or section
489D of that Code, or
(e) habitually commits
power to invoke Sub Clause (1) (b) of
Section 122 of Cr.P.C.
3. Section 110 Cr.P.C. which deals with the execution ... Indian
Penal Code (45 of 1860 ), or under section
489A, section 489B, section 489C or section
489D of that Code, or
(e) habitually commits
provisions of Section 489-A and 489-B IPC mens rea is essential to constitute the offence under the charged sections and has relied upon ... next contended that in the present case only provisions of section 489C IPC would be attracted and 489-A and 489-B IPC will
exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any
Executive Magistrate when either the place where ... Indian Penal Code (45 of 1860 ), or under section 489A,
section 489B, section 489C or section 489D of that Code, or
(e) habitually commits
bank-notes is not sufficient to make out a
case under Section 489C in the absence of the mens rea, noted
above. No material ... Section 313 of Criminal Procedure Code. On these facts we
have no option but to hold that the charges framed under
Sections 489B and 489C
offence under section 489 C, IPC and accordingly, without the aid
Crl.A. Nos. 1292 & 1310 of 2003 4
of section ... prosecution was too
insufficient to attract the offence under section 489C , IPC and
taking into account the discrepancies in the evidence of the
prosecution witnesses
submitted that
the Deputy Commissioner of Police cannot invoke the provisions of
Section 110 of Cr.PC. She drew the attention of this Court ... section 489A,
Page 3 of 9
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1243 of 2023
section 489B, section 489C
crime No.573 of 2014 has been
registered on 05.08.2014 under Section 110 (a) (d) & (e) Cr.P.C . against
the petitioner ... Indian Penal Code
(45 of 1860), or under section 489A, section 489B,
section 489C or section 489D of that Code, or
(e) habitually commits
submitted that
the Deputy Commissioner of Police cannot invoke the provisions of
Section 110 of Cr.PC. She drew the attention of this Court ... section 489B, section 489C or section 489D of that
Code, or
(e) habitually commits, or attempts to commit, or
abets the commission of, offences, involving
exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any
Executive Magistrate when either the place where ... Indian Penal Code (45 of 1860 ), or under section 489A,
section 489B, section 489C or section 489D of that Code, or
(e) habitually commits
