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2014(1) Criminal Court Cases 748 (S.C.)
*Criminal Procedure Code, 1973, S.4* - Scope explained - Offence contemplated under IPC - Inquiry and trial - Manner of conducting - Held, inquiry and trial of offences contemplated under Indian Penal Code are to be conducted in manner stipulated under Code of Criminal Procedure.
2012(2) Criminal Court Cases 241 (S.C.)
*Criminal Procedure Code, 1973, S.6* - Court of CJM - Not a Court of separate class - Court of CJM is only a Court of Judicial Magistrate of the First class.
2009(2) Criminal Court Cases 786 (Kerala)
*Criminal Procedure Code, 1973, Ss.6, 192, 410* - Court of CJM - Merely because CJM is invested with the power of making over cases u/s 192 Cr.P.C. or of withdrawing of cases u/s 410 Cr.P.C. it cannot be said that his local jurisdiction (judicial power) extends to the entire District - Such powers are given to him only for the effective exercise of the general control and supervision over his subordinate Magistrates.
2009(2) Criminal Court Cases 786 (Kerala)
*Criminal Procedure Code, 1973, S.9* - Transfer of case from one State to another - Apprehension of physical harm from respondent No.2 and anti social elements - This is too nebulous a ground to transfer the case as petitioner has not substantiated her apprehension and she by now had been attending the Court and no untoward incident is ever brought to the notice of police or Magistrate - In case petitioner fears any sort of threat to her life, she can report the matter to police or Court who after considering the needs of situation can pass appropriate orders.
2007(2) Criminal Court Cases 1016 (S.C.)
*Criminal Procedure Code, 1973, S.9* - Transfer of case from one State to another - Comparative inconvenience of the litigant parties are not the only criterion for transferring the cases from one State to another State, but the Court has to visualize the comparative inconvenience and hardships likely to be caused to the witnesses besides the burden to be borne by the State Exchequer in making payment of travelling and other expenses of the official and non-official witnesses who will have to travel by train from Rampur to Delhi or Chandigarh, as the case may be, for attending the court proceedings if the cases are ordered to be transferred to transferee court.
2007(2) Criminal Court Cases 1016 (S.C.)
*Criminal Procedure Code, 1973, S.9* - Transfer of case from one State to another - Plea of illness - Not supported by medical evidence - Petitioner attending Court at Delhi in a dispute pending inter se between parties - Petitioner attending Court at Chandigarh as she had filed a criminal case against respondent No.2 at Chandigarh - Application dismissed.
2007(2) Criminal Court Cases 1016 (S.C.)
*Criminal Procedure Code, 1973, S.9(6)* - Court holding trial at Jail premises - Such place not notified by High Court as place of sitting of Court - Held, in special circumstances Court of Session can hold trial at a place other than the one notified by the High Court.
2003(3) Criminal Court Cases 234 (P&H)
*Criminal Procedure Code, 1973, S.11(1)* - Special Court of Judicial Magistrate - Constitution of - Notification entrusting trial/enquiry of certain crime numbers - Notification issued by State Govt. without consultation with the High Court - Non inclusion of dispute crime number in notification - A technical mistake on part of State Govt. - Mistake may be rectified by State Govt. by issuing fresh notification after consultation with High Court.
2007(4) Criminal Court Cases 103 (S.C.)
*Criminal Procedure Code, 1973, Ss.12(2) & 190* - Additional Chief Judicial Magistrate - Transfer of case - Held, S.12(2) Cr.P.C. confers on Additional Chief Judicial Magistrate same powers as that of a Chief Judicial Magistrate - Hence, transfer of case by Additional Chief Judicial Magistrate after taking cognizance of case to transferee Magistrate for inquiry and disposal is perfectly justified.
2014(3) Criminal Court Cases 161 (S.C.)
*Criminal Procedure Code, 1973, S.14* - Cognizance of offence - Jurisdiction of Magistrate - Power of Magistrate to take cognizance of an offence is not confined to case occurring within his District but even beyond that - The only restriction is that such Magistrate cannot try the case.
2009(2) Criminal Court Cases 786 (Kerala)
*Criminal Procedure Code, 1973, S.14(1)* - Court of CJM - High Court in exercise of its power u/s 14(1) Cr.P.C. approves the local limits of the jurisdiction of CJM - Jurisdiction of CJM is confined only to those local limits and not beyond - Extension of he jurisdiction and powers of every judicial Magistrate including the CJM throughout the District as provided u/s 14(2) Cr.P.C. is therefore, subject to the definition of their local limits - Once their local jurisdiction is so defined, they can exercise their powers only within such local limits. ð 7 3 Š2009(2) Criminal Court Cases 786 (Kerala)
*Criminal Procedure Code, 1973, S.14(1)* - Court of CJM - Jurisdiction - Once the power of control is exercised by the High Court on the proposal forwarded by the CJM by approving the local limits of the jurisdiction of the CJM, the latter cannot exercise any jurisdiction or judicial powers beyond the limits thus fixed. 2009(2) Criminal Court Cases 786 (Kerala)
*Criminal Procedure Code, 1973, Ss.14 & 190, Negotiable Instruments Act, 1881, S.138* - Dishonour of cheque - Complaint - Jurisdiction - Every Judicial Magistrate in a district has jurisdiction to entertain a complaint - However, only jurisdictional Magistrate has power to try the same - If any Magistrate not empowered by law to do any other thing including to take cognizance of an offence, but may have erroneously in good faith done that thing, his proceedings shall not be set aside merely on the ground that he was not empowered.
2007(1) Criminal Court Cases 460 (Kerala)
*Criminal Procedure Code, 1973, S.20* - Executive Magistrate - Appointment - Power of State Government - Analysed.
2006(3) Criminal Court Cases 770 (S.C.)
*Criminal Procedure Code, 1973, Ss.20(1)(3) and (5), Immoral Traffic (Prevention) Act, 1956, Sections 18, 20* - Executive Magistrate - Police Commissioner of metropolitan area can be appointed as Executive Magistrate and further such Executive Magistrate can be appointed as Additional District Magistrate who shall have the powers of the District Magistrate for the purposes of Sections 18 & 20 of the Act.
2006(3) Criminal Court Cases 770 (S.C.)
*Criminal Procedure Code, 1973, S.23, Prevention of Corruption Act, 1988, S.2(c), Indian Penal Code, 1860, S.21* - Public servant - Public Prosecutor/Additional Public Prosecutor is a `Public servant' within meaning of S.2(c) of Prevention of Corruption Act. (Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984, Rr.2(x), 33).
2011(1) Criminal Court Cases 0524 (Bombay) (DB)
*Criminal Procedure Code, 1973, S.24* - Appointment and renewal of term of Public Prosecutor - Professional in nature and is not a civil post - Satisfaction regrading the performance of a prosecutor is a question between the State and its counsel - Courts cannot interfere with the decision - Extension of the term of the office is not legal right as a case of renewal of a license.
2004(4) Criminal Court Cases 374 (S.C.)
*Criminal Procedure Code, 1973, S.24* - Legal Remembrancer Manual - Is not a law - It contains only executive instructions - Name not recommended by the District Magistrate and the incumbent relieved from service - Challenged by way of a writ - High Court ordered to reconsider the matter - Wrong allegations made in the writ petition that the District Judge had recommended his name - Held that High Court based its decision on wrong premises - High Court has no jurisdiction to make an order for reconsideration.
2004(4) Criminal Court Cases 374 (S.C.)
*Criminal Procedure Code, 1973, S.24(8)* - Proviso - Role assigned to advocate of victim u/s 24(8) Proviso Cr.P.C., is not to assist the prosecutor, but to assist the prosecution - No doubt by assisting the prosecution, advocate may be indirectly assisting the prosecutor, but that is only incidental and consequential to the main role which is to assist the prosecution.
2016(Suppl.) Criminal Court Cases 549 (Allahabad)
*Criminal Procedure Code, 1973, S.24(8)* - Special Public Prosecutor - Can conduct prosecution before Court of Magistrate - No permission is required from Court of Magistrate for the same.
2016(Suppl.) Criminal Court Cases 030 (Kerala)
*Criminal Procedure Code, 1973, S.26* - Trial of offences - 'Case' and a 'counter case' - One triable exclusively by Sessions Court and other not triable exclusively by Court of Sessions - Can be tried by Court of Sessions to avoid conflicting judgments.
2017(3) Criminal Court Cases 495 (Delhi)
*Criminal Procedure Code, 1973, Ss.26, 209, 228(1)(a) and 323* - Two cases registered on basis of rival versions of same incident - One case triable exclusively by Court of Sessions and other not involving any such offence - In such situation, both cases be committed to Court of Sessions for simultaneous trial, as Court of Sessions has jurisdiction to try any offence under Indian Penal Code.
2003(3) Criminal Court Cases 381 (Karnataka)
*Criminal Procedure Code, 1973, Ss.26, 209, 228(1)(a) and 323* - Two cases registered on basis of rival versions of same incident - One case triable exclusively by Court of Sessions and other not involving any such offence - Such cross cases to be tried by same Judge and judgment in both cases must be pronounced on same day in order to avoid conflicting decisions regrading same incident - In deciding each case evidence recorded in a particular case to be relied upon and evidence recorded in cross-case cannot be looked into.
2003(3) Criminal Court Cases 381 (Kant.)
*Criminal Procedure Code, 1973, Ss.28 & 29, Indian Penal Code, 1860, Sections 393, 458* - Offence by Police personnel - Reduction in sentence - Court to impose deterrent sentence to restore diminishing faith of public in police force - Police personnel convicted in an offence under Sections 393, 458 of Indian Penal Code, 1860 and sentenced to 4 years RI - High Court reduced sentence to already undergone - Order of High Court set aside and that of trial Court restored. 2006(1) Criminal Court Cases 759 (S.C.)
Very good post.
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