24291/2017, first application under Section 389(1) Cr.P.C.
on behalf of applicant No.2-Bhagwan Singh for suspension of
custodial sentence ... State.
This is a petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'the Code') praying for
quashment
Singh-I,J.
1. Criminal Revision 2300 of 2013 ( Pankaj Kumar Rai Vs. State of U.P. and another ) and Criminal Revision ... Section 307 I.P.C. read with Section 149 ; Section 308 I.P.C. read with section 149 I.P.C.; Section 323
read with 149 of IPC .
7. Thereafter, the State preferred the appeal before the High
Court in Criminal Appeal No.100108/2014 against the above ... offence as the
offences charged are not compoundable under Section 320 of
Cr.P.C.
9. Per contra, learned counsel appearing on behalf
Sections 392 to 394, I.P.C. and under Sections 75 of
the Indian Penal Code, house breaking theft Section 109 ... peace or (b)
Persons bound over under Sections 106 and 107 , Criminal Procedure Code or (c)
Persons who have been convicted under Section
report by the Investigating Officer under Section 173 of
the Code of Criminal procedure? [Issue No. 3.1 (ii) of
the Consultation Paper], and
2. Whether ... Amendments to
Criminal Law (2013) which proposed insertion of Schedule I to the
Representation of the People Act, 1951 enumerating offences under
IPC befitting
self-contained code delineating the powers,
jurisdiction and procedure different from general laws such as Civil
Procedure Code or Criminal Procedure Code . At the same ... inferior criminal court subordinate to the High Court
for the purposes of Sections 435 and 439 of the Criminal
Procedure Code
Indian Penal Code [hereinafter referred to as
“ IPC ”]; one year rigorous imprisonment for an offence punishable
under Section 148 IPC; and six months rigorous imprisonment ... paragraph 9
8
15. Chapter XVII of the Code of Criminal Procedure [hereinafter
referred to as “ CrPC ”] deals with “charges” in a criminal
final
report (chargesheet) under Section 173 of the Code of Criminal
Procedure, 1973 (hereafter referred to as “ CrPC ”) dated
06.03.1989 came ... suggest that he did not
follow the procedure prescribed under Section 174 , CrPC.
From the above, it follows at least
under Section 326A IPC and simple imprisonment for three years
with fine Rs.5000/- under Section 452 IPC and to further undergo
simple imprisonment ... doubt.
4. Criminal appeal No. 81 of 2017 has been
preferred by accused Balak Ram against his conviction, whereas
Criminal Appeal
stated that in view of Section 178(c) of
the Criminal Procedure Code, when it is
uncertain in which of the several local
areas ... reiterated
that while exercising the jurisdiction under
Section 482 of the Criminal Procedure Code
of quashing an investigation, the court
should bear in mind what