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
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
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
criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
appositely considering the
statement recorded under Section 164 of the Code of Criminal Procedure, the
gravity of the offences and criminal antecedents of the accused ... opinion, observed: -
“Bail is well understood in criminal jurisprudence and Chapter
XXXIII of the Code of Criminal Procedure contains elaborate
provisions relating to grant
Officer In-charge
under Section 158 of the Code of Criminal Procedure, 1973
(hereinafter called the Cr.P.C .) and all other subsequent
information would ... citizen. Its
deprivation shall be only as per procedure
prescribed in the Code and the Evidence Act
conformable to the mandate of the Supreme
Constitution of India, Art. 14- Criminal Procedure Code (Act
V of 1898), s. 197-Whether ultra vires the Constitution-
Sanction under s. 197-Reasonable connection ... criminal force related to the performance of the official
duties of the accused within the meaning of s. 197 of the
Code of Criminal Procedure
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
prescribing
the procedure to be followed by the police, where after the
submission of a report under Section 173(1) Criminal
Procedure Code and after ... that purpose, in the prescribed form (Section 154
Criminal Procdure Code). Section 156 Criminal Procedure Code
invested the Police with the power to investigate into
more elaborately specified in the Code
of Criminal Procedure . While dealing with the provisions of Criminal
Procedure Code on this aspect we will make reference ... Criminal Procedure while considering the second part
of the first question referred for our consideration.
When we come to the provisions of Criminal Procedure Code
