Their Lordships have clearly laid down that Section 421, Criminal procedure Code, does not contemplate an order of partial summary dismissal in a criminal appeal ... 421, Cri. Pro. Code excludes the possibility of a partial summary dismissal and that one instance of that rule is that Section 421 , Criminal Procedure
procedure for levying of fines is available under Section
421 of the Code of Criminal Procedure as under :-
"421. Warrant for levy of fine ... Code of Criminal Procedure . In the scheme of Code of Criminal Procedure ,
in the first place, the Magistrate was under obligation to issue a warrant
well settled that in refusing or granting consent under Section 421 , Cr.P.C., the paramount consideration must be the interest of administration of justice
consideration of the evidence, convicted the accused under Section 302 I.P.C., but sentenced him to transportation for life on the ground that ... case, the accused presented jail appeal which was dismissed summarily under Section 421 Cr.P.C. Notice was then issued to the accused to show
urged, militate against the validity of this rule. Section 421 of the Criminal Procedure Code relating to appeals provides as under:-
"(1) On receiving ... permissible under the Criminal Procedure Code to do and which is contrary to the provisions of the Criminal Procedure Code . Rule 6 however
ordered to be deposited can be recovered as fine under Section 421
Cr.P.C., would lead to frustrating the very object and purpose
fine is provided under Section 421 of
the Code of Criminal Procedure. Section 421 of the Code reads as follows:-
"421. Warrant for levy ... property belonging to the defaulter as provided under Section 421
of the Code of Criminal Procedure or it may issue a warrant to the Collector
2010 filed subsequent to the
under O.9, R. 13 CPC , restoration of Civil MJC
1908 to set aside ex- No. 7/2010.
parte ... through Collectorate,
Nashik u/s 421 Cr.P.C.
12.
Civil Appeal No.354 of To restore Civil Suit filed
2012 for restraining
Collectorate, Nashik
Registry, I feel that the Court
Crl.MA. 6746/06 in W.P. (Crl.) No.299/01 Page 27 of 28
must impose costs ... will be placed before Registrar
(Criminal), who may effect recovery of the aforesaid
amount in terms of section 421 Cr.P.C.
V.K. SHALI
section 357 of the Code of Criminal Procedure
and amount of fine is recoverable by following
procedure under section 421 of the Code. The
Section ... made recoverable as per the provision of section 421
of Code of Criminal Procedure.
26. In the present case, the impugned orders are
passed
