effective alternative remedy
was available to him under the Code of Criminal Procedure , 1973. He would argue
that the learned Judge ought not to have ... could, therefore, have immediately
approached the competent Criminal Court under the provisions of the Code of
Criminal Procedure , 1973. Thus, no apparent prejudice was directly
borne in mind in interpreting the provisions of
Section 102 of the Criminal Procedure Code and the underlying
object engrafted therein, inasmuch as if there ... property" within the meaning of Section
102 of the Criminal Procedure Code and a police officer in course
of investigation can seize or prohibit
borne in mind in interpreting the provisions of
Section 102 of the Criminal Procedure Code and the underlying
object engrafted therein, inasmuch as if there ... property" within the
meaning of Section 102 of the Criminal Procedure Code and a
police officer in course of investigation can seize or prohibit
Freeze the account, since the procedures under
Section 102 of Code of Criminal Procedure was not followed by the Third
Respondent / Inspector of Police, District ... Section 102 of the Criminal Procedure Code, are mandatory. However, if
power under Section 102 of the Code of Criminal Procedure is not used with
violation in following the procedures under
10
Dr.CSL,J
Crl.P.No.6069 of 2022
Section 102 Cr.P.C., the freezing ... deviation of procedure and
non-obedience to the procedure laid down which is
required to be followed under Section 102 Cr.P.C. For
better
borne in mind in interpreting the
provisions of Section 102 of the Criminal Procedure
Code and the underlying object engrafted therein,
inasmuch as if there ... Criminal Procedure after lodging of the F.I.R. and institution of the
criminal cases which is legally permissible.
15. Section 102 ,
business activities.
Additionally, even if the powers under Section 102 of the
Criminal Procedure Code are assumed to be applicable, the
freezing of the petitioners ... investigating officer to seize an article
pursuant to Section 102 of the Criminal Procedure Code
remains unimpaired, and that even the absence of a formal
Officer is required to follow procedure in toto i.e.
to follow procedure sub-section (3) of section 102 of Cr.P.C.
Admittedly ... this case, Investigating Officer has not followed
procedure laid down in sub-section (3) of section 102 of Cr.P.C.
Investigating Officer has tried
from the order it reveals that
there is no compliance of Section 102 Cr.P.C. and the investigating agency did
not comply the mandatory ... petitioner's account. It is further stated that
when Section 102 Cr.P.C is invoked, the concerned authority should be informed
Bombay
High Court held that non-compliance of the
procedure laid down u/s 102 Cr.P.C. is not only an
irregularity ... Court rejected the
contention that non-compliance of the procedure laid
down under Section 102 Cr.P.C. is only an irregularity and
will
