order dated 25.06.2018 remanding the
appellant to judicial custody under Section 167
Cr.P.C. When cognizance has already been taken on
7
11.03.2016, order ... Special Judge has rightly remanded
the appellant exercising power under Section 167
Cr.P.C., during further investigation by NIA. The
mere fact that
167(2) (a) (ii) in this case. Whether
cognizance is taken or not is not material as far as Section
167 Criminal Procedure Code ... statutory bail, as
envisaged in Section 167 Criminal Procedure Code. The
scheme of the Criminal Procedure Code is such that once
the investigation stage
IPC and under
Sections 417 , 418 , 420 , 477-A IPC read with Section 120-B of the IPC
alongwith his co-accused, and also ... investigation is not completed within
the statutory period then Section 167 Cr.P.C. provides relief to the accused;
which reads as under:-
Section 167
arrested
and it needs to be read with Sections 57 and 167 of Cr.P.C.. The
provision of Section 58 of ... 2019 08:02:07 :::
32
Criminal Writ Petition 1778 of 2018
Section 167 of Cr.P.C.
38 The provisions of portion B of Chapter
country the provisions of Code of Criminal
Procedure 1989 only apply and the provisions of Code of Criminal Procedure
1973 have no application to the State ... section 167 , Act XXIII of 1989. -- In clause
(a) of proviso to sub-section (2) of section 167 of the Code of
Criminal Procedure
person only when he exercises the
power under Section 167 of the Code of Criminal Procedure. Ht is further
stated that the Jail authorities cannot ... only
under Section 167 Cr.PlC., it is to be taken that the remand ordered by the
Court is under Section 167
will now examine the provisions
of Section 167 of the Criminal Procedure Code.
Section 167 of the Criminal Procedure Code
requires that whenever any person ... Magistrate under the Code of
Criminal Procedure for the time being in force.
Section 3 of the Criminal Procedure Code
provides that any reference without
against order dated
28.5.2019 whereby application filed u/s. 167(2) of Cr.P.C. has
been rejected.
2. As per prosecution case ... been filed is not governed by
Section 167 but different provisions of the Code of Criminal
Procedure . If that right had accrued to the accused
This petition had been filed under Section 439(2) of Code of Criminal
Procedure to cancel the bail granted on 05.02.2019 by the First Additional ... been filed is not governed by Section 167 but
different provisions of the Code of Criminal
Procedure . If that right had accrued to the accused
bail in Crl.M.P.NO.995 of 2019
under Section 36-A (4) of NDPS Act r/w Section 167(2)
of ... TADA Act read with Section
167(2) of the Code of Criminal
Procedure in default of completion of
the investigation and filing
