this Court under Section 395 of Code of Criminal Procedure
(hereinafter referred to as ' Cr.P.C ./Code' for the sake
of convenience ... Section 306 of Cr. P.C., the same would be
relevant for the purpose of deciding the present matter. Section
306 of
accused -
Asimkumar Niranjanbhai Chakravarti filed applications under
Section 306 of the Criminal Procedure Code, 1973 ( CrPC ) to
become an approver in Sessions Case ... compliance with the conditions specified in Section 306(1). Section
306(4) is procedural in nature, it is to be followed by a Magistrate
Special Criminal Application
No.1903/10 is filed on 27.09.2010 before this Court for challenging
the constitutional validity of section 306 of ... dated 07.10.2010 in Criminal Misc. Application
No.10311/10 at para 56 had recorded the following conclusion:
"(a) Section
306 of
Constitution of
India read with section 482 of Criminal Procedure Code.
4. Learned counsel
appearing for the petitioner invited this Court s attention ... there under, namely by
complying with provision of section 306 (1) and 306 (4) of Cr.P.C.
In the instant case as could
have preferred this
Criminal Revision Application under Section 397 read with
Section 401 of the Code of Criminal Procedure (for short
" ... Cr.P.C. Therefore Section
307 of Cr.P.C. is applicable. The conditions mentioned in Section
306 (3)(a) of
Criminal
Law Amendment Act, 1952 , old sections 337 to 339 were substituted by
sections 306 to 308 of the Code of Criminal Procedure conferring ... with the requirements of Sub-section (4) of
Section 306 of the Code of Criminal Procedure. We, with respect, could
not find that any such
Section 306 thereof, such powers are vested only in the competent Court. The powers under Section 306 of the Code of Criminal Procedure ... under Section 70 of the Code of Criminal Procedure.
(x) Looking to the scheme of the Code of Criminal Procedure , the Investigating Officer
read with Section 401 of the Code of Criminal
procedure (hereinafter referred to as the "Code" for
short), the applicant assails the order ... NDPS Act being a
Special Act , will prevail over the Code of Criminal
Procedure . The Government has not exercised its power
under Section
read with Section 401 of the Code of Criminal
procedure (hereinafter referred to as the "Code" for
short), the applicant assails the order ... NDPS Act being a
Special Act , will prevail over the Code of Criminal
Procedure . The Government has not exercised its power
under Section
witness as required under
sub-section(4) of Section 306 of the Code of Criminal Procedure
which was not done in the present case. Under ... said person which is kept in sealed
cover.
Section
306 of the Code of Criminal Procedure pertains to tender of pardon
to accomplish. Section 306
