High Court by filing applications under
Section 439 of the Code of Criminal Procedure
(in short, "Cr. P.C."). The same came ... send a person,
who he has summoned in pursuance of Section 87
Cr.P.C to judicial custody. The only power that
the trial Judge
ignoring the basic principles of criminal law. No review of an order is contemplated under the Code of Criminal Procedure . After the disposal ... made Sections 506(II) IPC, 147 IPC and 148 IPC compoundable offences by amending the schedule under Section 320 Cr.P.C.
e. The offences
report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as βthe Codeβ for short), an endeavour ... principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
discretion of the investigating officer. Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from ... Court in this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section
there was no provision
similar to Section 438 in the old Criminal Procedure Code . The Law
Commission in its 41st Report recommended introduction ... recommendation,
Section 438 was incorporated, for the first time, in the Criminal
Procedure Code of 1973. Looking to the cautious
recommendation of the Law Commission
Constitution of India and Section 482 of the
Code of Criminal Procedure, 1973 (β CrPC β), 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
Police Act, there
can be no magisterial inquiry under the Criminal Procedure
Code . In such cases, and in other cases until and unless a
magisterial ... shall
be dealt with in the first place under Chapter XIV, Criminal
Procedure Code , according to law, a case under the
appropriate section being registered
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
SC1068 (3)
ACT:
Criminal Trial-Police Statements-Use of-Omission, when
amounts to contradiction- Code of Criminal Procedure , 1898 (V
of 1898), s. 162- Indian ... latest amendment is that of 1955.
Formerly Criminal Procedure Code for Courts in the
Presidency, towns and those in the mofussil were not the
same
under Section 102 read with Sections 165 and 104 of Code of Criminal
Procedure (hereinafter referred to as the Cr.P.C .). He further contended ... impound any document or thing produced before it
under the Code. Section 165 of Cr.P.C. does not speak about the passport
which