Criminal Procedure Code, 1973, Section 209, 321 -- Offence exclusively triable by Court of Session - Once it appears to Magistrate that offence is exclusively triable by Court of Session, then other than for considering matters relating to bail and remand as provided u/s 209 (a) to (d) Cr.P.C., Magistrate has no implicit power to entertain any other matter, including an..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Quashing of criminal proceedings - Application for - Allegations of illegal export of iron ore - Appellant challenging order of cognizance of offence under MMDR Act after lapse of 2 years without giving reason to explain inordinate delay..........
Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Cognizance of offence - Allegations of illegal export of iron ore - Plea of appellant that he could not be charged with offences under MMDR Act and charge sheet also did not ascribe any role to him - As per charge sheet appellant was..........
Criminal Procedure Code, 1973, Section 209(b) -- Committal of case - Accused already granted anticipatory bail u/s 438 Cr.P.C - Committal Court while committing case u/s 209(b) Cr.P.C to Sessions Court would not call upon accused to file fresh bail application especially when he/she is already enlarged on bail - Rather, it may require them to furnish fresh bonds..........
Criminal Procedure Code, 1973, Section 209 -- Committal of case - Magistrate playing a passive role u/s 209 Cr.P.C., in committing case to Court of Session - Nor can there be any question of part cognizance being taken by Magistrate and part cognizance being taken by Session Judge - Since Court of Session is acting as Court of original jurisdiction u/s 193 Cr.P.C., after..........
Criminal Procedure Code, 1973, Section 209 -- Remand by Magistrate to judicial custody after submission of charge sheet but before taking cognizance of offence in a Sessions case, is a valid remand, notwithstanding the fact that in the order sheet of concerned cases, there being no such order saying that `cognizance has been taken'...........
Criminal Procedure Code, 1973, Section 209, 309(2), 167(2) -- Remand - Power of remand conferred on Magistrate u/s 209(a), (b) Cr.P.C. is not subject to other provisions of remand i.e S.167(2), 309(2) Cr.P.C., rather this power is independent in nature and only available to Magistrate under commitment proceedings...........
Criminal Procedure Code, 1973, Section 227, 209 -- Expression `record of case' and documents submitted therein as postulated in S.227 Cr.P.C. relate to case and document referred in S.209 Cr.P.C...........
Criminal Procedure Code, 1973, Section 209 -- Committal of case - High Court has exceeded its jurisdiction in asking the State Authorities to file compliance report, in the matter of dispensing with requirement of committal of cases by Magistrate to Court of Sessions, as provided in S.209 Cr.P.C. even though Central Government was not even party in the writ petition in..........
Criminal Procedure Code, 1973, Section 209, Indian Penal Code, 1860, Section 292, Commission of Protection for Child Right Act, 2005, Section 25 - - Committal of case to Sessions Court by Magistrate - Validity - Accused persons charged for displaying CD's containing obscene pictures and also displaying spurious CD's of different films and same intended for either sale or..........
