The recording of the statements of the complainant and his witnesses is done only under Section 200. When accused shall be discharged. Judgment of acquittal or conviction. Uttar Pradesh: After sub-section 3 , the following sub-section shall be inserted, namely. District Magistrate or Additional District Magistrate. It is clearly visible on the material available on these social networking websites.
Inherent jurisdiction under the section, though wide has to be exercised sparingly, carefully and with caution and only when such exercise in justified by the tests specifically laid down in the section itself. He cannot after-wards, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply, or with criminal breach of trust. At the stage of Cr. Medical examination of the victim of rape. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. Authority of the Court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the Court has the power to prevent abuse.
The separate charges referred to in illustration a to h respectively, may be tried at the same time. However, his father after the death of his mother Girija, married another divorcee lady namely Smt. I have also gone through the findings given by the Addl. In a case where a previous conviction is charged under the provisions of sub-section 7 of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted said accused under section 229 or section 235, take evidence in respect of. The Power of The Magistrate Under Section 156 3 of Cr. Section 200—A second prosecution of the same accused is permissible if his order of discharge was not passed earlier on merits.
This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it. To this he replied me saying. It is humbly submitted that the contents of the site are clearly established the offences punishable under provisions mentioned in the above and if the action will taken against the accused person the same will be caused serious prejudice to our society and social value provided and protected under constitution of India. Shivayogi, Please check whether the police is making inquiry or investigation. But there js scope for further enquiry when accused is discharged under the provision of sub-section 2B of section 202 of the Code as the said order is made before taking of the cognizance. Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into or otherwise to dispose of, the case in the manner provided in this Code.
On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. Sections 200 and 202—Either there must be some information before police officer about commission of a cognizable offence or there must be a formal complaint before a Magistrate for starting or holding investigation in a case of cognizable offence. As soon as a complainant presents a private complaint before the Magistrate and if the Magistrate decides to take congnizance of the offence he should record the sworn statement of the complainant. Mahima Rai 10 A, First Floor, Pritvi Raj Road New Delhi. Three offences of same kind within year may be charged together. Revision lies, but generally Revision in this regard is very tricky and cumbersome.
Courts by which offences are triable. By Act 50 of 2001, sec 2, for sub-section 2 w. Local Jurisdiction of Executive Magistrates. Procedure where accused is not discharged 1 If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground r presuming that the accused has committed an offence triabie under this Chapter,wilich such Magistrate is competent to try and which, in his opinion, could be adeqtiateiv punished by him, he shall frame in writing a charge against the accused. When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. The state Government may determine what shall be for purposes of this code the language of each court within the State other than the High Court 273. Trial of offences under the Indian Penal Code and other laws.
Police plays a vital role in collection of evidence and facts which is heart and soul for a criminal case. Added by Act 43 of 1991, sec. Section 200—If the naraji petition is filed before an order of discharge has been passed, the Magistrate can take cognizance without examining the complainant if the intention of the appellant appears only to draw the attention of the Magistrate by way of protest, or the Magistrate may treat it as a complaint and examine the complainant, as he thinks fit. Respondent filed the complaint on 9. As per the explanation to section 2 d of the crpc report of the police officer after investigation disclosing the commission of non cognizable offence shall be deemed to be a complaint and the police officer deemed to be the complainant. Arrest on breach of bond for appearance.
With regard to the complaint in question, there is neither any intent on the part of the non-petitioner No. C are very wide and the very plenitude of the power requires great caution in its exercise. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said court subject to the order of the court setting aside the conviction may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. The order directing the police to investigate the matter, after preliminary investigation and the order of issuing process without proper application of judicial mind, was held to be bad. A may be separately charged, with and convicted of offences under sections 323, 392 and 394 of the Indian Penal Code 45 of 1860.