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
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character
legally authorised-Non-substante clause
in s.7(1) -Effect of.
Criminal Procedure Code , 1973: Sections 374, 406 & 407-
Transfer of case-Power ... from
correction even though they cause prejudice and do injury.
Criminal Trial- Criminal Procedure Code , 1973-sec. 223-
Whether an accused can demand
filed the present application under Section 438 of
the Code of Criminal Procedure (for short „ Cr.P.C .‟) for grant of
pre-arrest bail ... mentioned in
subsection (1) above, nothing in Section-360 of
Code of Criminal Procedure, 1973 (Act 2 of
1974), Section-438 of Code of Criminal
call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code , 1952: Sections 9(6) , 164 , 194 ,
327 , 354(3) --`Place ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
Constitution of India and Section 482 of the
Code of Criminal Procedure, 1973 (― CrPC ‖), the appellant sought three
substantive reliefs:
(i) A writ ... Constitution of India and section 482 of the Code of Criminal
Procedure while considering the applications for bail since the
27
PART H
petitioner
Section 39 in The Code of Criminal Procedure, 1973
39. Public to give information of certain offences.
(1) Every person aware of the commission ... offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely - (i) Sections 121 to 126, both inclusive
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
South)
Police Station registered a case under Section 174 of the Criminal
Procedure Code (for short ' Cr.P.C .') by assigning Crime ... proceedings under its inherent power under Section
482 of the Criminal Procedure Code in the facts and circumstances
of this case?
53. This Court
