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Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 220 Page 1 of about 106,093 results (0.245 seconds)

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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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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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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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. Lakshmanan and ors. Vs. Sri Shanmukha Cotton Traders and anr.,

Court : Andhra Pradesh

Reported in : 1998(2)ALT(Cri)494; [2000]102CompCas154(AP)

..... endorsement 'payment stopped' and therefore the offence alleged to have been committed was in respect of single transaction and not in respect of different transactions.even otherwise section 220(1) of the criminal procedure codecriminal procedure codecriminal procedure code states that if one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he ..... made by the petitioner/accused herein to present all the cheques on a particular date which was done by the respondent/complainant in this case and so section 219(1) of the criminal procedure codecriminal procedure codecriminal procedure code is not attracted to the facts of the present case for the simple reason that the petitioner/ accused in this case advised or instructed the respondent/complainant ..... one reply, from a-1 company. all the cheques were returned on only one day, i.e., march 10, 1997. therefore, the case on hand falls under section 220 of the code. the facts of the case on hand are similar and the point raised is squarely covered by a decision of the madras high court in k. govindaraj v. ..... of by this common order. for the sake of convenience, the facts in criminal petition no. 1497 of 1998 are 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 c. c. no. 145 of 1997 on .....

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Jun 17 2004 (HC)

Mohammed Vs. State of Kerala

Court : Kerala

Reported in : II(2005)BC303; 2004(3)KLT330

..... the mind to decide whether offences can be reckoned as part of the same transaction. i shall only advert to the relevant passage.'it may be noticed that under section 220 of the code of criminal procedure, offences more than one committed by the same persons could be tried at one trial, if they can be held to be one series of acts, so as ..... of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.section 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 than one are committed by the ..... section 218. it cannot hence be contended that section 219(1) must control section 220(1) also. the decision of the division bench of this court ..... easily be held to be offences committed in the course of same transaction. if that be so, section 220(1) squarely applies.10. a contention is raised by the learned counsel for the petitioner that section 219(1) must control section 220(1) also. i am unable to accept this contention. sections 219 and 220 lay down different and distinct exception to the general rule contemplated under .....

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Jun 18 2001 (HC)

Jayaraj Vs. State of Kerala

Court : Kerala

Reported in : 2001(2)ALT(Cri)193

..... , forthwith discharge the person but otherwise shall direct that search be made. (4) no female shall be searched by anyone excepting a female. 7. it is clear from the aforesaid section that it has operation only to cases where search of a person is carried out under the provisions of ss. 41, 42 and 43 of the n.d.p.s ..... together as to form the same transaction, which are committed by the same person. one trial is sufficient for the two acts in such a case in view of s. 220(1) of the cr.p.c.17. the decision in balbir singh and beldev singh make it clear that once an officer comes to know that there is possibility of .....

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