TMI Blog2019 (3) TMI 2045X X X X Extracts X X X X X X X X Extracts X X X X ..... f Cr.P.C. was recorded based on the sworn statement, which was recorded before taking cognizance and proceeded erroneously - HELD THAT:- All the Procedure adopted to the lower court is erroneous. The lower appellate Court also failed to notice the said fact and erroneously confirmed the judgment of the lower appellate Court. Having taken note of the procedural irregularity committed by the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused before the trial Court and invoked section 397 read with section 401 of Cr.P.C. praying this Court to quash the judgment of conviction delivered by the trial Court and also the confirmation made by the lower appellate Court. 3. The factual matrix of the case is that the complainant has filed a complaint under section 200 of Cr.P.C.. before the trial Court for the offence punishable under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed the judgment and hence in this revision petition the petitioner has contended that both the Courts below failed to take note of the fact that statement of accused under section 313 of Cr.P.C. was recorded based on the sworn statement, which was recorded before taking cognizance and proceeded erroneously and the lower appellate Court also did not consider this aspect and hence prayed this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rded the statement under section 312 of Cr. P.C. and again posted the matter for further examination-in-chief and for marking of the documents and defence evidence. All the Procedure adopted to the lower court is erroneous. The lower appellate Court also failed to notice the said fact and erroneously confirmed the judgment of the lower appellate Court 7. Having taken note of the procedural irre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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