Commission submitted in the year 2001, Section
41 of the Code of Criminal Procedure (for short ‘ Cr.PC ), in the present
form came ... vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant
Constitution of India and Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter called as “ CrPC ”) are a device to
advance justice ... appropriate case when moved under Section 491 of the
Criminal Procedure Code to give directions in the nature of
habeas corpus. In such a case
State Government". So also, Section
196 of the Code of Criminal Procedure enacts a bar against taking cognizance
of any offence punishable under Chapter ... under
Sections 121 , 121A , 122 , 124 and 120B of the IPC being involved in criminal
conspiracy to commit the said offences with intention of waging
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
Section 328 in The Code of Criminal Procedure, 1973
328. Procedure in case of accused being lunatic.
(1) When a Magistrate holding an inquiry ... manner provided under Section 330.] [ Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 25 (b), for sub-Section
Section 332 in The Code of Criminal Procedure, 1973
332. Procedure on accused appearing before Magistrate or Court.
(1) If, when the accused appears
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
Criminal Procedure are the elimination of the committal procedure in sessions cases and the substitution of the procedure laid down in the Code for trial ... allowed in the case of accused tried under the procedure mentioned in the Criminal Procedure Code ; what makes the legislature or the executive to think
powers vested in him under Section 176 of the Code of Criminal Procedure
(hereinafter referred to as, the Cr.P.C .), initiated inquest proceedings ... persuade it to quash such criminal
proceedings, in exercise of power vested in it under Section 482 of
the Cr.P.C. Such exercise
criminal
case, invoked inherent powers of the court by filing a petition
under Section 482 of Code of Criminal Procedure before the
High Court ... examined scope and ambit of section
482 of the Criminal Procedure Code. The court in the said
case observed that inherent powers under section
