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
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
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order
completing the investigation, a report under Section
173 of the Code of Criminal Procedure, 1973 (hereinafter
called as " Cr.PC "), was filed ... parties and perused the records.
Charges under Section 188 IPC:
19. Section 195 Cr.PC reads as under :
"195. Prosecution for contempt of lawful
noticed earlier in this judgment, Section 2(h) of the 1973 Criminal
Procedure Code defines “investigation” in the same terms as the
27
earlier definition ... Procedure Code with this difference – that “investigation” after
the 1973 Code has come into force will now include all the
proceedings under the CrPC
recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding of the test identification ... IPC to run
concurrently and that the benefit under Section 428 CrPC would be given
wherever applicable. He further recommended that appropriate compensation
stated:
" Section 482 of the Criminal Procedure Code
starts with the words "Nothing in this Code". Thus
the inherent jurisdiction ... High Court under
Section 482 of the Criminal Procedure Code can
be exercised even when there is a bar under
Section 397 or some other
Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal Procedure , 19739 which are also under
challenge. However ... Companies Act ”
7 For short, “ PC Act ”
8 For short, “ IPC ”
9 For short, “ Cr.P.C . or “the 1973 Code”
23
leave petitions concerned
officer submitted his report under Section 173(2) of the
Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.PC ")
though wrongly ... Class-1) from the said offence as per Section 169 of
Criminal Procedure Code."
Learned Magistrate on 15.01.2012, after notice also
Section 268 in The Code of Criminal Procedure, 1973
268. Power of State Government to exclude certain persons from operation of Section
