Crl.) No. 5986 of 2006
S.L.P. (Crl.) No. 5200 of 2009
3 CRIMINAL APPEAL No. 1410 OF 2011
4
5 CRIMINAL APPEAL ... appellant in Criminal
Appeal No. 1410 of 2011, after tracing the earlier history, viz., the
relevant provisions in the Code of Criminal Procedure
Moreover he has a further remedy of filing a criminal complaint under
Section 200 Cr.P.C. Why then should writ petitions or Section ... before the
Magistrate or by filing a criminal complaint under Section 200 Cr.P.C. and
not by filing a writ petition or a petition
view of express stipulation contained in Section 167 of the
Code of Criminal Procedure, 1973. Also, in case where an
accused is released on anticipatory ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
words ?Nothing in this Code? in Section 482 of
the Code of Criminal Procedure, but, the
powers under Section 482 of the Code of
Criminal ... Procedure Code is undoubtedly
a complete code in itself. As has already been
discussed by us, the discretionary jurisdiction
under Section 397(2) CrPC
Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter called as “ CrPC ”) are a device to
advance justice ... appropriate case when moved under Section 491 of the
Criminal Procedure Code to give directions in the nature of
habeas corpus. In such a case
bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
Criminal Appeal No. 102 of 2011 Page 3 of 8
under Section 156(3) CrPC before the learned
Magistrate concerned. If such ... Code. Even if a
Magistrate does not say in so many words while
directing investigation under Section 156(3) of the
Code that
punishable under Sections 163 , 193 and 506 of the Indian Penal Code ( IPC ).
It was alleged in the application that the said accused persons ... police for
investigation under Section 156(3) of the Code of Criminal Procedure.
And again:
"When a Magistrate receives a complaint
discretion of the investigating officer. Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from ... Court in this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... person who has been arrested. Coming to the provisions
of Code of Criminal Procedure , Section 161 empowers a
police officer making an investigation to examine
