Magistrate may direct search in his presence. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. The High Court has also inherent power to restore any matter dismissed for default or non-prosecution on sufficient reason being shown. Section — Appeal against conviction by High Court in certain cases Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment of order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal. Imprisonment for 3 Years or fine, or both According as offence abetted is cognizable or non-cognizable According as offence abetted is bailable or non-bailable. If any Magistrate not empowered by law to do any of the following things, namely.
Prevention of injury to public property. When it introduced the familiar concepts of appeal and revision, it is also reasonable to assume that the well-known distinction between these two jurisdictions was also accepted by the legislature. Imprisonment for 7 years and fine. A court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day. A final order or judgment can only be passed in a criminal court when the court applies its mind to the merit of the case. It is equally true that the absence of fair and proper trial would be violation of fundamental principles of judicial procedure on account of breach of mandatory provisions of Section 304 of Cr.
It is only a lawyer who is conversant with law who can properly defend an accused in a criminal case. Imprisonment for 6 months or fine of 1,000 rupees or both. Save as otherwise provided by this Code or by any other law for the time being in force, no court when it has signed its judgment or final order disposing of a case, shall after or review the same except to correct a clerical or arithmetical error. Powers of superior officers of police. Certain transfers to be null and void.
Act 29 of 1978 w. Power to stop proceedings in certain cases. Arrest to prevent the commission of cognizable offences. If a revision application is dismissed for default of appearance, it cannot be treated as a final order disposing of the case within the meaning of Section 362 and, therefore, that order can be set aside by the High Court under Section 482. Notification of substance of warrant.
State should not insist on good behaviour from others when their own behaviour is blameworthy, unjust and illegal. And if the convicted failed to pay the fine he should stay two more months punishment. Record in appealable cases 265. State of Bihar and Others, held that the conviction of an appellant not represented by a lawyer was clearly in violation of the fundamental rights of the appellant under Article 21 of the Constitution. Procedure on forfeiture of bond 514A.
Can I ask the appellate court to review the Judgment? Even in that case it was pointed that inherent powers conferred on High Courts under Section 561A Section 482 of the new Code has to be exercised sparingly, carefully and with caution and only where such exercise is justified by the tests specifically laid down in the section itself. Criminal conspiracy to commit an offence punishable with imprisonment for life or rigorous imprisonment for a term of 2 years or upward. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. The Court can certainly restore the same, if necessary, by invoking its inherent power under Section 482. Defamation against the President or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the public prosecutor. Duty of High Court to exercise continuous superintendence over courts of Judicial Magistrates.
Illustration to sub-section 4 m A commits robbery on B, and in doing so voluntarily causes hurt to him. P Act 16 of 1976. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:- a Where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; b Where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; c Where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or d Where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, hot such sentence shall not be appealable merely on the round- i That the person convicted is ordered to furnish security to keep the peace; or ii That a direction for imprisonment in default of payment of fine is included in the sentence; or iii That more than one sentence of fine is passed in the case, if the total amount of fine is imposed does not exceed the amount hereinbefore specified in respect of the case. A person omitting to guard against probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it.
Service of summons outside local limits. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. It was held to be a rejection and a dismissal of appeal and therefore, it was held that there is no bar to consider the appeal on merits. Act 138 within another fifteen days. Impugned order was set aside and leave was granted to State to file appeal.
Power to direct tender of pardon 339. Imprisonment for 3 years, or fine, or both. Wrongfully restraining or confining any person. Every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the court. Non-appearance or death of complainant. Previous conviction of acquittal how proved.
An appeal was dismissed for non-filing of judgment copy. While holding that such dismissal of the complaint or discharge of the accused will not amount to an acquittal within the meaning of Section 403, of the Code, it was observed that such an order of dismissal, is not a judgment within Section 366, and therefore Section 369, would not apply. Now the Motor Vehicles Act, 1988 59 of 1988. Imprisonment for 3 years, or fine, or both. Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such court under this Code.