When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence when such attempt is itself an offence or where the accused is liable under section 34 or 149 of the Indian Penal Code, may be compounded in like manner. Section Offence Punishment Cognizable or Non- Cognizable Bailable or Non Bailable By what Court triable. Any authority who coerces or orders or pressurises a functionary like a public prosecutor, in the exclusive province of his discretion violates the rule of law and any public prosecutor who bends before such command betrays the authority of his office. Effect of omission to frame, or absence of, or error in, charge. Jagannath Misra and the other accused, it would be subjecting them to harassment and inconvenience to require them to appear and argue before the Court for the purpose of securing an order of discharge under s. If any action had been taken it would have been a matter of record readily available for production.
Every case must depend on its peculiar facts and circumstances because there may be a myriad situation where this question may have to be considered by the Court. It was true recognition of their value and status as court officer. It may also happen that in the meanwhile a key witness may have died or some important evidence may have become unavailable or some such thing may have happened; in that event, the Public Prosecutor may legitimately feel that it will not be possible to sustain the prosecution in the absence of such evidence and he may apply for withdrawal from the prosecution. Withdrawal from prosecution—The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment. The ultimate test which must be applied by the court in order to determine the validity of the grounds in a particular case is that the requirement of public justice outweighs the legal justice of that case so that withdrawal from the prosecution could be permitted in the larger interest of public justice. Fraudulently preventing from being made available for his creditors a debit or demand due to the offender.
Bailable Magistrate the of any class. A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case. Abhiyojan Adhikari Sangh Prosecution is a essential and identical part of the criminal justice administration. The reproduction part requires slight clarification. Cognizable Non-cognizable Magistrate of the first class. In fact about 23 criminal cases have been launched against Naval Kishore Sinha and others for the offences alleged to have been committed by them. If this situation arises, he can — and is obliged to — ask the court to acquit the defendant, but the court can nevertheless convict if it evaluates the evidence differently.
Act 29 of 1978 w. We do not propose to go into the question whether the material available to the court could be regarded as sufficient for sustaining the prosecution of Dr. Under section 441 2 , where any condition is imposed for the release of a person on bail, the bond shall contain that condition also. Dealing with fire or any combustible matter so as to endanger human life, etc. The Section does not insists upon a reasoned order by the Magistrate while giving consent. Imprisonment for a quarter of the longest term provided for the offence, or fine, or both. Bailable Any Magistrate 276 Knowingly selling or issuing front a dispensary any drug or medical preparation as a different drug or medical preparation.
Ditto Non-cognizable Bailable Magistrate of the first class. The decision making power does not segregate corrupt officers into two classes as they are common crime doers and have to be tracked down by the same process of inquiry and investigation. We have gone through the order of the trial court and the impugned order of the High Court and find that the trial court and the High Court have not correctly appreciated the law laid down by this Court in various decisions particularly in paras 69, 70 and 71 of the majority judgment delivered by Khalid, J. What is more the socalled unfair or over-zealous investigators were miles away when the aforesaid evidence came into existence. Procedure in case of person of unsound mind tried before court.
Imprisonment for 2 years, or fine, or both. Imprisonment for 2 years, and fine or both. Every crime is an offence against the society and if the accused committed an offence, society demands that he should be punished. Wrongfully restraining or 341, 342 The person restrained or confining any person. We accordingly allow the appeal, set aside the Order made by the Chief Judicial Magistrate and confirmed by the High Court and direct that the prosecution may proceed against Dr.
If punishable with imprisonment for life or with imprisonment for 10 years. Notwithstanding anything maintained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal. Imprisonment for 1 month or fine of 200 rupees, or both. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. Power to appoint place of imprisonment. Dishonestly receiving stolen property knowing it to be stolen.
On I7th June, 1981, Shri Sinha made an application under s. Another aspect the Court is obliged to see whether such withdrawal would advance the cause of justice. The appropriate Government may, without the consent of the person-sentenced commute- a A sentence of death, for any other punishment provided by the Indian Penal Code 45 of 1860 ; b A sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine; c A sentence of rigorous imprisonment for simple imprisonment for any term to which that person might have been sentenced, or for fine; d A sentence of simple imprisonment, for fine. The said Act has a purpose to serve. In this regard he places reliance on the decision of the Supreme Court in Sheonandan Paswan V.
A policy decision was taken on 10. The grievance of the petitioners is that on 13. The appellant was an accused therein with many others. He is required to constantly remember his duty to the Court as well as his duty to the collective. There are merely two processes to create your essay. Imprisonment for life, with or without fine. It would be acting against the mandate s.