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Monday, January 27, 2014

Sec 461 of Criminal Procedure Code-Irregularities which vitiate proceedings

If any Magistrate not being empowered by law in this behalf, does any of the following things, namely-

(a) attaches and sells property under section 83.

(b) issues a search –warrant for a document, parcel or other thing in the custody of a postal or telegraph authority.

(c) demands security to keep peace.

(d) demands security for good behaviour.

(e) discharges a person lawfully bound to be of good behaviour.

(f) cancels a bond to keep the peace.

(g) makes an order for maintenance.

(h) makes an order under section 133 as to a local nuisance.

(i) prohibits, under section 143, the repetition or continuance of a public nuisance.

(j) makes an order under Part C or Part Dof Chapter X.

(k) takes cognizance of an offence ujnder clause (c) of sub-section (1) of section 190.

(l) tries an offender.

(m) tries an offender summarily.

 (n) passes a sentence, under section 325, on proceedings recorded by another Magistrate.

(o) decides an appeal.

(p) calls, under section 397, for proceedings, or

(q) revises an order passed under section 446, his proceedings shall be void.

 

 

 

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