PRAVIN CHANDRA MODY versus STATE OF ANDHRA PRADESH

A report in writing by a police officer under s. 11 of the Essential Commodities Act that also serves as a charge sheet under s. 173, Code of Criminal Procedure, satisfies the procedural requirements for trial under s. 251A. Cognizance taken on such a report is not under s. 190(1)(a) or (c) but under s. 190(1)(b),...

Source-derived case information.

Parties: Appellant: Pravin Chandra Mody; Respondent: State of Andhra Pradesh
Jurisdiction: India
Judgment Date: 15 September 1964
Procedural Posture: Criminal Appeal / Appeal by Special Leave From Order of Andhra Pradesh High Court in Revision
Outcome: Appeal dismissed
Legal Topics: Essential Commodities Act Prosecution Procedure, Criminal Procedure Code S. 251 a, S. 252, Cognizance on Police Report Vs Complaint

Criminal Law Statutory Interpretation Procedure Essential Commodities Act Prosecution Procedure Criminal Procedure Code S. 251 A, S. 252 Cognizance on Police Report Vs Complaint

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2

Parties

Pravin Chandra Mody

Appellant

State of Andhra Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Andhra Pradesh High Court in Revision

Legal Issues

1 Whether a police officer's report under s. 11 of the Essential Commodities Act, 1955 is a 'police report' under s. 173, Code of Criminal Procedure, and thus triable under s. 251-A of the Code, or is it to be treated as a 'complaint' triggering s. 252 procedure

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The trial shall take place from day to day till the case is disposed of according to law.

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