entitle the petitioner to a writ of mandamus or a direction under Section 561-A , Criminal Procedure Code.
13. It becomes, therefore, necessary to consider ... laid. That was also a case where a petition was filed under Sections 439 and 561-A , Criminal Procedure Code to quash the police investigation
entitle the petitioner to a writ of mandamus or a direction under Section 561-A , Criminal Procedure Code.
11. It becomes, therefore, necessary to consider ... A.I.R. 1945 P.C. 18, the Privy Council considering the object and scope of Section 561-A , Criminal Procedure Code, observed as follows
finding Under Section 423 (1) (b) and 423 (i-A), Criminal Procedure Code and convict the accused Under Section 302 , Indian Penal Code. The explanation ... Criminal Procedure Code and altering the convictions Under Section 326 Indian Penal Code into one Under Section 302 Indian Penal Code and whether the judgment
A Cr.P.C., its juridiction is exercised in a criminal proceeding inasmuch as a petition under section 561-A Criminal Procedure Code ... under section 561-A Criminal Procedure Code . though they arise ont of a criminal proceeding and may, therefore, be regarded as criminal proceedings.
(8) Conflicting
Sahai, in support of the application under Section 561-A, Criminal P. C., placed reliance on a Full Bench ruling reported in Raj Narain ... opinion that in a proper case the Court has inherent power Under Section. 561-A, Cr. P. C, to cancel the order of suspension
passed under Section 561-A, Cr. P. C. That section runs as follows :
"Nothing in this Code shall be deemed to limit or affect ... under Section 561-A of the Code for disposal by a third Judge in the manner provided under Section 429, Cr. P. C.
ORDER
Section 561-A and Section 561-B Cr.P.C are
materially different and cover different situations.
Section 561-A refers to inherent powers ... orders under inherent
powers as are provided under section 561-A Cr.P.C.
Section 4 (f) defines the High Court to mean the highest
conviction
and sentence. Thus, Section 482 Cr.P.C., becomes redundant or a
dead letter in the Statute ( Cr.P.C ... under
Section 482 Cr.P.C. Under the Old Cr.P.C., the High Court can
exercise inherent powers under Section 561-A Cr.P
contra the petitioner in the other petition filed Section 561-A
Cr.P.C. i.e. Dr. Aniece Chowdhary has argued that the competent
authority ... trial court and that Section
173(8) Cr.P.C. does empower a Magistrate to direct further investigation
of a case and this power cannot
under Section 561-A , Criminal Procedure Code. Section 176 , Criminal Procedure Code, proceeds upon the basis that inquiry into a suspicious death should not depend ... Section 176 . Apart from its revisional powers under Sections 435 and 439 this Court under Section 561-A of the Code of Criminal Procedure undoubtedly
