Section 376 in The Code of Criminal Procedure, 1973
376. No Appeal in petty cases.
- Notwithstanding anything contained in Section 374, there shall
order of compensation imposed under Section 357(3) of the Code of Criminal
Procedure with a direction to undergo imprisonment in default of payment ... under Section 374(3) read with Section 376 of the Code of Criminal
Procedure. Such prayer being turned down the petitioner is before this Court
CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CRIMINAL PROCEDURE CODE PRAYING TO - ISSUE WRIT TO STRUCK
DOWN SECTION 376 OF THE CRIMINAL PROCEDURE CODE ... High
Court of Bombay dismissed the criminal writ petition as devoid
of merits. Thus, the challenge to Section 376 of Cr.PC and
Section
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
sections (b) and (c) of Section 376 of the Code of
Criminal Procedure, 1973 are unconstitutional and/or
ultra vires Part III of the Constitution ... virtue of the bar
created by Section 376 of the Code of Criminal Procedure, 1973.
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High Court has already framed rules under section 13 of the Criminal Procedure Code by name "Uttar Pradesh petty Offences (Trial by a Special ... appointed as a Special Judicial Magistrate under section 13 of the Criminal Procedure Code to try cases 70 of Northern India Canal and Drainage
through the scheme of the Code.
8. Appeals are provided under Chapter XIX of the Code of Criminal Procedure . Section 374 Cr. P.C. reads ... period of limitation. Provisions have been made in the Code of Criminal Procedure under Section 470 for exclusion of time in certain cases and under
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
children
were studying. The respondent also lodged criminal
complaint u/s498A / 354 / 511 IPC and subsequently
376/511 was added which FIR was quashed ... under Sections
498A / 354 / 376 / 511 IPC however, charge was framed for the offences under
Sections 354 / 376 Cr.P.C., which was quashed