If there is reason to believe that he has committed a non- cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. No cognizance was taken against the petitioner. The aforesaid provisions empower the Courts to proceed against any person as an accused not named as such and not present also in the Court subject, of course, to the consideration that it must appear so from the evidence collected during the course of inquiry or trial. If any person after having executed a bond without sureties for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor- in- office, to have committed breach of the bond, such Magistrate or successor- in-- office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
There are two primary reasons for this - the police, and the prosecutorial system. Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. Under the old Code, the Court of Session was precluded from taking cognizance of any offence as a court of original jurisdiction unless the accused was committed to it whereas under the present Code the embargo is diluted by the replacement of the words 'the accused' by the words 'the case'. On the other hand, learned counsel for the respondent-State argued that the Court has ample power under Section 190 of the Code to summon a person as an accused to face the trial at any stage of the trial. Sections and of the Cr.
Section 190—Sessions Judge cannot take cognizance of a case against the accused sent up in the supplementary charge-sheet without cognizance being taken by the Magistrate. The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. If such person is not present in Court, the Magistrate shall issue in a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information the substance of which report or information shall be recorded by the Magistrate , that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. Every letter of requests summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may be notification specify in this behalf. Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit,- All the evidence taken or collected under sub- section 1 , or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Govern- ment may deem fit. Allegations made in the petition of complaint having made out a prima facie case of cheating against the accused-appellant, it is not a fit case to quash the proceeding at the present stage.
That was not the stage when the petitioner could have been summoned by the Judicial Magistrate under Section 190 1 of the Code on the basis of the material annexed with the police report. For the purposes of sub- section 7 and sub- section 8 , the period during which a person has been in practice as a pleader, or has rendered whether before or after the commencement of this Code service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate. Moreover at the time of hearing under section 241A or under section 265C the Court considers the record of the case, the documents submitted therewith and the submissions made by both parties. Wrongfully restraining or 341, 342 The person restrained or confining any person. However, cognizance is not being taken under Section 190 for any of those Special Complaints.
Counterfeiting a trade or 483 The person whose trade or property mark used by anot- property mark is counter- her. For instance - what about the bank official who pilfers funds for his own use? They not only merit censure, and also attract sanctions in the form of fines, or imprisonment. . Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested. When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code 45 of 1860 , sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that- Powers of officers appointed.
Fraudulent removal or con- 424 Ditto. But these are technical terms: 'Complaint' and 'Police Report' are defined under Section 2 d and 2 r of the Code respectively. Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. Voluntarily causing grievous 335 Ditto. In our view there is no scope for making further enquiry after discharge if the accused under sections 241A or 265C of the Code as the same is made after taking cognizance. The challan was only filed against accused Varun Bajaj under Sections 467, 468, 471, 474 read with Section 120-B I.
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub- divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary. At both the stages, it is open to the Magistrate on an application of judicial mind to take cognizance of the offence against all the accused arrayed and against such person or persons not sent up as an accused in the charge-sheet. Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with copy of the grounds on which it is made; and no order shall be made on of the merits of the application unless at least twenty- four hours have elapsed between the giving of such notice and the hearing of the application. Subs by Act by 63 of 1980, S. When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.
A new section 357A has been inserted which talks of victim compensation scheme. The Magistrate shall then peruse the statements so put in, hear the parties, receive all such, evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an appli- cation is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in collection with such investigation or inquiry and the Court, is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be observed or executed. If the document in question is not produced in Court, but a certified copy of the same is produced, no complaint from the Court is necessary fox prosecution of the alleged offenders. If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of. Then the stage came for discharging the accused or for framing of charge against whom the offence has been taken cognizance under Section 239 of the Code, on a consideration of the police report and the documents sent with it under Section 173 of the Code.