LEAVE PETITION (CRL.) NO. 5921 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 7148 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 6324 OF 2009
CRIMINAL APPEAL ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
Crl.) No. 5986 of 2006
S.L.P. (Crl.) No. 5200 of 2009
3 CRIMINAL APPEAL No. 1410 OF 2011
4
5 CRIMINAL APPEAL ... appellant in Criminal
Appeal No. 1410 of 2011, after tracing the earlier history, viz., the
relevant provisions in the Code of Criminal Procedure
ignoring the basic principles of criminal law. No review of an order is contemplated under the Code of Criminal Procedure . After the disposal ... made Sections 506(II) IPC, 147 IPC and 148 IPC compoundable offences by amending the schedule under Section 320 Cr.P.C.
e. The offences
report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
view of express stipulation contained in Section 167 of the
Code of Criminal Procedure, 1973. Also, in case where an
accused is released on anticipatory ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
Gujarat Prohibition Act , it will prevail over the
procedural law I.e. Criminal Procedure Code , Section451.
Therefore, this citation is not helpful ... Constitution
of India and generally the Criminal Courts by virtue of Section 4 of the
Criminal Procedure Code, should try the offence. Section
Section 2 in The Code of Criminal Procedure, 1973
2. Definitions.
- In this Code, unless the context otherwise requires, - (a) "bailable offence" means an offence ... guardian or legal heir;] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008, Section 2.] (x) "warrant-case" means a case relating
bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
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
will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where an analogous
provision existed ... scheme of the trial
of a criminal case under the Code of Criminal Procedure , 1973,
viz., Chapter XIV “Conditions requisite for initiation of
proceedings” containing
