first
introduced in Section 429 of the Code of Criminal Procedure
1898. Section 429 of the Code of Criminal Procedure 1898 is
to following effect ... clause 402. Section 392
reproduces the proviso as amended by the Committee. Section
392 of the Code of Criminal Procedure as enacted
referred to a third
Judge, Prasad, J. under Section 392 of the Code of Criminal
Procedure (for short, the 'Code') who by judgment ... were their
opinions. Due to disagreement
amongst them, Section 392 of the
Code of Criminal Procedure required
the appeal as a whole to be laid
these appeals filed under section 374 of Criminal Procedure
Code, 1973 (hereinafter referred to as ' Cr.P.C .'), the appellants seek to
challenge ... punishable under Sections
392 / 394 / 397 / 307 / 302 read with section 34 of Indian Penal Code, 1860
(hereinafter referred to as ' IPC ') while
under Section
151 CrPC and challaned him under Section 107 / 16 CrPC, hence
without any sanction under Section 197 CrPC ... will see whether case under Section 392 IPC or under
Section 382 IPC or in which section of IPC is made out. Hence, at
this
petitioner B.A. Umesh under Section 313 of
Criminal Procedure Code ( Cr.P.C .) and opportunity was given
to him to adduce the evidence ... under Section 392 IPC. The record was
sent to the High Court of Karnataka under Section 366 Cr.P.C.
for confirmation of death sentence
referred to a third Judge, Prasad, J. under Section 392 of the Code of Criminal Procedure (for short, the 'Code') who by judgment ... were their opinions. Due to disagreement amongst them, Section 392 of the Code of Criminal Procedure required the appeal as a whole to be laid
came
with an application under section 208 Cr.PC. Ld. PP submitted that the application
under section 208 Cr.PC was not maintainable before this ... withdraw his application under section
208 Cr.PC. On 27.08.2008, he came with another application under section 340
Cr.PC. He also filed an affidavit
argued specifically that at best Section 356
IPC is made out against the accused and not Section 392 IPC. For this
FIR No. 613/2015 ... reliance is placed on Setion 390 IPC defining the robbery.
Section 390 IPC reads as under :
"Section 390 - Robbery.--In all robbery there
particular reference to the provisions contained in
Sections 367 to 371 Cr.P.C. Under Section 367 , Cr.P.C., when
Reference is submitted before ... jurisdiction vested in it under Section
366(1) Cr.P.C. read with Sections 368 to 370 and 392 , Cr.P.C. in
letter
laid before a third Judge, as contemplated under Section 392 of the Code of Criminal Procedure(the ''Code'). The applicants, who were ... Code of Criminal Procedure (Their Lordships observed that Section 429 of the old Code of Criminal Procedure was similar to Section 392 of the present
