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Dec 21 1984 (HC)

Mohan Mallu Rathod and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 1985(2)BomCR633

..... accused of an offence and persons accused of abetment or of an attempt to commit such offence may be charged and tried together.'sections 235 and 239 of the code of criminal procedure, 1898 are analogous to sections 220 and 223 of the code of criminal procedure, 1973. the application exhibits 109 and 114 therefore, were rightly rejected by the learned special judge.17. by the applications exhibits 111 and ..... 131 (annexures e and g respectively to the petition) the petitioners pleaded bar of limitation under section 161(1) of the bombay police act. application ..... does not contemplate of any separate sanction and as valid sanction has been accorded under clause (b) of sub-section (1) and sub-section (3) of section 197 of the criminal procedure codecriminal procedure codecriminal procedure code, 1973 and also under clause (b) of sub-section (1) of section 6 of the prevention of corruption act, the prosecution launched against petitioners 1 to 13 within two years from the date of the acts .....

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Apr 09 2012 (HC)

Gunjan Sinha JaIn and Others Vs. Registrar General, High Court of Delh ...

Court : Delhi

..... behalf of the petitioners that none of the options is correct. on the other hand, the learned counsel for the dhc drew our attention to the provisions of section 220(1) of the code of criminal procedure, 1973 to support the fact that the answer key shows option (2) [he shall be charged with every such offence and tried at one trial for all the offences ..... ] as the right answer. 17. section 220 of the code of criminal procedure, 1973, so much as is relevant, reads as under:- 220. trial for more than one offence. (1) if, in one series of acts so connected together as to form the same transaction, more offences ..... which deals with compounding of offences. sub-section (1) gives the list of offences which do not require the permission of the court before which the prosecution is pending ..... ipc. (2) section 426 of the ipcipcipc. (3) section 491 of the ipcipcipc. (4) section 388 of the ipcipcipc. 18. according to the answer key, answer (4) is the correct answer. however, the petitioners contend that the question itself is wrong as none of the four options are correct. to decide this, we have to look at section 320 of the code of criminal procedure, 1973 .....

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Apr 08 2013 (SC)

Amitbhai Anilchandra Shah Vs. the Central Bureau of Investigation and ...

Court : Supreme Court of India

..... that even the charges will have to be framed jointly and one trial will have to be held as contemplated under section 220 of the code of criminal procedure, 1973 (in short the code). it is further pointed out that as per the cbi, the alleged criminal conspiracy commenced when sohrabuddin and kausarbi (whose deaths were in question in the first firfirfir) and tulsiram prajapati (whose ..... , giving rise to one or more cognizable offences, consequent upon filing of successive firs whether before or after filing the final report under section 173(2) crpccrpccrpc. it would clearly be beyond the purview of sections 154 and 156 crpccrpccrpc, nay, a case of abuse of the statutory power of investigation in a given case. in our view a case of fresh investigation ..... a cognizable offence has to be struck by the court. there cannot be any controversy that sub-section (8) of section 173 crpccrpccrpc empowers the police to make further investigation, obtain further evidence (both oral and documentary) and forward a further report or reports to the magistrate. in narang case ..... but also other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided in section 173 crpccrpccrpc. 27. a just balance between the fundamental rights of the citizens under articles 19 and 21 of the constitution and the expansive power of the police to investigate .....

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Apr 08 2013 (SC)

Amitbhai Anilchandra Shah Vs. Cbi and anr.

Court : Supreme Court of India

..... that even the charges will have to be framed jointly and one trial will have to be held as contemplated under section 220 of the code of criminal procedure, 1973 (in short the code ). it is further pointed out that as per the cbi, the alleged criminal conspiracy commenced when sohrabuddin and kausarbi (whose deaths were in question in the first firfirfir) and tulsiram prajapati (whose ..... , giving rise to one or more cognizable offences, consequent upon filing of successive firs whether before or after filing the final report under section 173(2) crpccrpccrpc. it would clearly be beyond the purview of sections 154 and 156 crpccrpccrpc, nay, a case of abuse of the statutory power of investigation in a given case. in our view a case of fresh investigation ..... cognizable offence has to be struck by the court. there cannot be any controversy that sub-section (8) of section 173 crpccrpccrpc empowers the police to make further investigation, obtain further evidence (both oral and documentary) and forward a further report or reports to the magistrate. in narang case ..... also other connected offences found to have been committed in the course of the same transaction or the same occurrence and file one or more reports as provided in section 173 crpccrpccrpc.27. a just balance between the fundamental rights of the citizens under articles 19 and 21 of the constitution and the expansive power of the police to investigate a .....

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Nov 27 2001 (SC)

Surendra Singh Rautela @ Surendra Singh Bengali Vs. State of Bihar (No ...

Court : Supreme Court of India

Reported in : AIR2002SC260; 2002(1)ALD(Cri)270; 2002(1)BLJR710; (SCSuppl)2002(1)CHN55; 2002CriLJ555; 2002(1)Crimes191(SC); JT2001(10)SC152; 2001(8)SCALE298; (2002)1SCC266

..... that the high court was not justified in enhancing the punishment awarded against this appellant from imprisonment for life to death sentence as no appeal under section 377 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') was filed by the state for enhancement of sentence. it has been further submitted that no opportunity of hearing was afforded to appellant surendra singh ..... person accused of them may be charged with and tried at one trial for each of such offences. thus, in view of the specific provisions engrafted under sub-section (3) of section 220 of the code, we have no option but to hold that the learned chief justice in the concurring judgment was not justified in holding that it was not permissible to try ..... it was not permissible in law to try appellant surendra singh rautela simultaneously for the offences under sections 302 of the penal code as well as 27(3) of the arms act as the same is contrary to the provisions of section 220 of the code. section 220 of the code lays down that if, in one series of acts so connected together as to form the same ..... transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. sub-section (3) of section 220 of the code lays down that if the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which .....

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Jul 21 1998 (HC)

N. Laxman and Others Vs. Sri Shanukha Cotton Traders

Court : Andhra Pradesh

Reported in : 1998(4)ALD681; 1998(2)ALD(Cri)201

..... for the sake of convenience, the facts in criminal petition no.1497 of 1998 arc taken into consideration for disposal of these petitions.2. criminal petition no.1497 of 1998 is an application filed under section 482 of the code of criminal procedure, 1973 {for short 'the code') to quash the proceedings in cc no.145 of ..... al company. all the cheques were returned on only one day i.e., 10-3-1997. therefore the case on hand falls under section 220 of the code. the facts of the case on hand arc similar and the point raised is squarely covered by a decision of the madras high court ..... supreme court in municipal corporation of delhi v. ram kishan rohtagi, : 1983crilj159 . in the said decision, the supreme court referred to section 319 of the code dealing with the power to proceed against other person appearing to be guilty of offences and observed that the said provision gives ample powers ..... e. manohar, learned senior counsel and would further submit that the complaint as filed by the first respondent/complainant, is hit by section 219 of the code and accordingly the same is liable to be rejected.8. the learned counsel appearing on behalf of the first respondent-complainant submits that ..... payment stopped' and therefore the offence alleged to have been committedwas in respect of single transaction and not in respect of different transactions.even otherwise section 220(1) cr.pc states that if one series of acts so connected together as to form the same transaction, more offences than one are .....

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Mar 16 2005 (HC)

Devinder Singh Negi and ors. Vs. Sunil Bhandari and ors.

Court : Delhi

Reported in : 118(2005)DLT746; I(2005)DMC688; 2005(81)DRJ740

..... bhandari v. devender singh negi and ors. pending in the court of judicial magistrate-i, kotdwar, district pouri gharwal, uttranchal.2. the petitioners invoke the provisions of sections 186 & 220 of the code of criminal procedure codecriminal procedure codecriminal procedure code, 1973 (in short `code') and says that the court in delhi and that in kotdwar have taken cognizance of the same offence and, thereforee, they ought to be enquired into or ..... in respect of the cruelty as well as demand for dowry have been rightly made in delhi.4. if an firfirfir in respect of the offence under section 406 ipcipcipc being made in delhi, it could have been appropriate for this court to order a consolidation of the two firs but the complaint in respect of the offence ..... the delhi court also. however, the fact remains that so far they have not been charged by the delhi court under section 406 ipcipcipc. the mere fact that allegations in the nature of an offence under section 498a ipcipcipc have been made in the complaint before the judicial magistrate of kotdwar or the mere fact that allegations in the nature ..... dowry prohibition act whereas the complaint at kotdwar is made only in respect of the offence under section 406 ipcipcipc. the ingredients of the offence under section 406 ipcipcipc are entirely different from the ingredients of the offence under section 498a as well as under sections 3, 4 & 6 of dowry prohibition act. the petitioners' counsel says that both the complaints are .....

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Apr 08 2011 (SC)

Narmada Bai. Vs. State of Gujarat and ors.

Court : Supreme Court of India

..... so, this court concluded:"34. we, accordingly, direct cbi to place the evidence/material collected by the investigating team along with the report of the sp as required under section 173(2) crpccrpccrpc before the court/special judge concerned who will decide the matter in accordance with law."the above decisions make it clear that though this court is competent to entrust ..... petition is an abuse of the process of law by/at the behest of political party controlling the cbi. (b) the investigation in a criminal case normally takes place in accordance with the procedure prescribed under the code of criminal procedure (in short `the cr.p.c.') and by the normal investigating agency prescribed. the constitutional court can direct deviation from such statutorily prescribed method ..... in which the charge-sheet is filed which is to deal with all matters relating to the trial of the accused including matters falling within the scope of section 173(8) of the code. thus, generally, this court may not require further monitoring of the case/investigation. however, we make it clear that if any of the parties including the cbi require ..... sohrabuddin and kausarbi and their subsequent murders as well as the murder of tulsiram prajapati are one series of acts, so connected together as to form the same transaction under section 220 of the cr.p.c. as rightly pointed out by the cbi, if two parts of the same transaction are investigated and prosecuted by different agencies, it may cause failure .....

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Oct 26 1999 (SC)

Balbir Vs. State of Haryana and Another

Court : Supreme Court of India

Reported in : AIR2000SC11; 1999(2)ALD(Cri)869; 2000CriLJ169a; JT1999(8)SC403; RLW2000(1)SC28; 1999(6)SCALE600; (2000)1SCC285; [1999]Supp4SCR120

..... arrayed initially along with guria in sessions case no. 7 of 1985 pursuant to an order passed by the trial court under section 319 of the crpccrpccrpc (for short 'the code'). but later, the appellant and his brother were delinked from that case in order to facilitate the trial in sc 54 ..... to show that two cases in respect of the murder of one person could be brought within the ambit of section 223 of the code (which corresponds to section 239 of the old code of 1898). as per that provision, all persons falling under any one of the seven categories enumerated therein can ..... eye witnesses to the occurrence. if prosecution had deliberately avoided to examine such important witnesses, the court should have exercised its powers under section 311 of the code to know what their version is regarding the occurrence. evidence of pw-4 and pw-5 could never have been evaluated or appraised ..... of 1985. the aforesaid sessions judge pronounced separate judgments in both cases on 4.11.1985, acquitting guria and convicting the appellant under section 302, ipcipcipc (appellant's brother rajinder was, however, acquitted). no appeal was filed against the acquittal of guria, and hence the division bench of ..... that the same expression is employed in section 220(1) of the code also (corresponding to section 235(1) of the old code). the meaning of the expression 'in the course of the same transaction' used in section 223 is not materially different from that expression used in section 223(1). it is so understood by .....

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Sep 28 2010 (HC)

Mr.Aklak Ahmed FakruddIn Patel. Vs. State of Maharashtra

Court : Mumbai

..... under a single transaction or series of transactions the applicant can be tried in a single trial. section 220 of the criminal procedure codecriminal procedure codecriminal procedure code, 1973 (cr.p.c.) (which is identical to section 235 of the earlier criminal procedure codecriminal procedure codecriminal procedure code of 1898) relates to the trial for more than one offence and runs thus:220.trial for more than one offence. (1) if, in one series of acts so connected together ..... a single trial.18. similarly in the case of state of haryana vs. naresh alias pappi, 1996 criminal law journal 3164, the offences of kidnapping and rape under sections 363, 366 and 376 were allowed to be tried together in a single trial under section 220 of the cr.p.c. it was observed that action of enticing the married woman with the intent ..... that they form integral parts of the same transaction. consequently, in view of section 220(3), the accused could be tried and convicted in a single trial.19. in the case of shri sharan p. khanna vs. oil and natural gas corporation ltd., decided on 29th july 2010 in criminal writ petition no.1767 of 2007, this court held that the trial under ..... would, in fact, enure for his benefit in that the entire evidence would be led in respect of the accused in a single trial. the case, therefore, falls squarely under section 220 of the ipcipcipc enabling the charges to be framed together. the impugned order of the learned sessions judge, therefore, cannot be faulted.23. the .....

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