shall come into play and the application
under Section 438 of the Cr.P.C. is not maintainable.
Learned counsel for the petitioners further submits ... comes to following
conclusive conclusions:-
(a) That an application under Section 438
Cr.P.C. with respect to offences under the
provisions
SCALE (1)79
ACT:
Code of Criminal Procedure , 1973-- Section 319- -Application
and procedure of--Power under--Invokability.
Code of Criminal Procedure , 1973-- Sections ... Setting Criminal Law
into motion--Modes of--Cognizance of offence--Duty of
Court--'Take Cognizance'--Meaning of.
HEADNOTE:
On the evening of 27th
mandate of Section
357A of the Code of Criminal Procedure, 1973 (the Cr.P.C .) but even that
is not enough, though they are being ... such recognition is through the provisions of
Chapter XXIA of the Cr.P.C . which deals with plea bargaining.
Parliament has recognised the rights
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36582 of 2017
Arising Out of PS.Case ... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
===========================================================
with
Criminal Miscellaneous No.36587 of 2017
Arising Out of PS.Case No. -345 Year
recommendation of the Law
Commission in its forty first Reports. Section 438
Cr.P.C, contemplates an application by a person on
an apprehension ... supra) that the Apex Court has considered the
scope of Section 438 Cr.P.C, while granting
anticipatory bail and discussed the jurisdiction
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36582 of 2017
Arising Out of PS.Case ... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
===========================================================
with
Criminal Miscellaneous No.36587 of 2017
Arising Out of PS.Case No. -345 Year
substantiate the same. He made a confessional statement Under Section 164 Cr.PC before the 1st Class Judicial Magistrate on 20th March, 1997 at Dhanbad ... drawn to the statement of Shri Chandak recorded under Section 306 of Cr.PC before the Trial Court wherein he has given detailed account
court which is the subject of the appeal,
hence Section 357(2) Cr.P.C. is attracted in the present case
and the High Court ... which
direction is in the teeth of provisions of Section 357(2)
Cr.P.C. Learned counsel for the appellant in support of his
submission
restore the Criminal Misc. Case No.1994 of 2011 (U/s 482 Cr.P.C .) (Jawahar Lal @ Jawahar Lal Jalaj vs. The State ... further been submitted that Section 362 Cr.P.C. prohibits the court to alter or review the judgement but if any case is dismissed
said Act is not
made out then applicability to section 438 Cr.P.C. cannot be excluded.
Learned single Judge of Panjab and Haryana High ... powers of the court to grant anticipatory bail under section 438
Cr.P.C. However, if it comes to a finding that there has been
