cheating punishable under Section 420 IPC, the same
has been made compoundable under sub-section (2) of Section 320
CrPC with the leave ... 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
Code of Criminal Procedure in 1973.
10. Section 438 of the Code of Criminal Procedure, 1973 reads
as under:
"438. Direction for grant ... could
be granted were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first
Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (i) for the Table.] [TABLE]
Offence.
Section of the Indian Penal Code applicable.
Person ... Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (iii), for sub-Section (3). Prior to its substitution, sub-Section (3) read
Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character ... ordinary remedy of applying for bail under Section 437 or
Section 439 , Criminal Procedure Code, after he is arrested.
Shri V. M. Tarkunde, appearing
Criminal Appeal No. 102 of 2011 Page 3 of 8
under Section 156(3) CrPC before the learned
Magistrate concerned. If such ... indicated in Section 154 of the Code. Even if a
Magistrate does not say in so many words while
directing investigation under Section
Ernakulam, whereby Criminal M.C. no. 3715
of 2010 filed under Section 482 of the Code of Criminal
1
Procedure, 1973, with a prayer ... Section 482 of the new Code, which corresponds to
Section 561-A o the Code of 1898, provides that:
"Nothing in this Code shall
reflected in
analogous provisions of sec. 26 of General Clauses Act,
1897; Section 71 IPC; Section 100 of the Cr.P.C. 1973, and
constitutionally ... reflected in analogous provisions of
sec. 26 of General Clauses Act,1897 Section 71 IPC; Sec. 300
of the Cr.P.C., 1973 and constitutionally
alleged is that of cheating
within the meaning of Section 415 IPC . For convenience
sake Section 415 reads as below: 415. Cheating Whoever,
by deceiving ... would be a total abuse
of the process of Court. The Criminal Procedure Code
contains a detailed procedure for investigation, charge and
trial
Section 418 in The Code of Criminal Procedure, 1973
418. Execution of sentence of imprisonment.
(1) Where the accused is sentenced to imprisonment for life ... imprisonment for a term in cases other than those provided for by Section 413, the Court passing the sentence shall forthwith forward a warrant
Code of Criminal Procedure (Act, 5 of
1898), 88. 307, 410, 417, 418 (1), 423(2), 297,155
(1), 162- Indian Penal Code ... described as
"reference jurisdiction". Section 307 of the Code
of Criminal Procedure, while continuing the
benefits of the jury system to persons tried
