appellate Court failed to notice correctly the scope of Section 375 , I.P.C. ( Cr.P.C .) and erred in observing that no appeal lies ... from a judgment or order of a Criminal Court except as provided for by the Code or by any other law for the time being
argued that this appeal is not maintainable as
Sec. 372 of Criminal Procedure Code, 1973 (' CrPC ') does not give right ... from any judgment or
order of a Criminal Court except as provided or by this Code or any other law for the time
being
Mysore 62
14. 1972 Crl.J 1409
15. 2010 Crl.J 2687
16. 1980 Supp. SCC 92
17. (1977) 4 SCC 551
18. 1990 Supp ... that being the intention of legislature in enacting the
civil & criminal procedure codes vis-a-vis the law laid down by the
Apex Court
upon
Ld. Public Prosecutor appointed
u/s. 24 of the Code of Criminal
Procedure , 1973].
2. Ujwal D. Nikam
Special Public Prosecutor,
appointed in Sessions ... learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing of charge
SQ Pathan
against the summoning order and no other criminal misc. application/criminal revision/criminal misc. writ petition/criminal transfer application is pending or filed in any court ... Police Station Bhawanpur District Meerut. No any other Criminal Misc. application/Criminal Revision/Criminal Misc. Writ petition/Criminal Transfer Application is pending or filed
prosecuted u/ Section 366 and 376 IPC, the Sessions Court had found that the offence u/ Section 376 IPC had not been established, but minor ... tried., it could only be done by the Criminal Court under the Cr.P.C . and in my opinion, the Commanding Officer was right
upon
Ld. Public Prosecutor appointed
u/s. 24 of the Code of Criminal
Procedure , 1973].
2. Ujwal D. Nikam
Special Public Prosecutor,
appointed in Sessions ... learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing of charge
SQ Pathan
upon
Ld. Public Prosecutor appointed
u/s. 24 of the Code of Criminal
Procedure , 1973].
2. Ujwal D. Nikam
Special Public Prosecutor,
appointed in Sessions ... learned Sessions Judge under Section 211(7) of the
Code of Criminal Procedure (` Cr.P.C ') and prayed for framing of charge
SQ Pathan
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
There happens to be no barrier/ prohibition
prescribed under the Criminal Procedure Code
that police report in accordance with Section
173 Cr.P.C. should ... Criminal Miscellaneous No.39878 of 2014 and it is also clear
that there is no specific provision in the Code of Criminal
Procedure 1973( hereinafter