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1 - 10 of 28 (0.37 seconds)Section 7 in The Essential Commodities Act, 1955 [Entire Act]
Section 411 in The Indian Penal Code, 1860 [Entire Act]
The Essential Commodities Act, 1955
Section 408 in The Indian Penal Code, 1860 [Entire Act]
Section 407 in The Indian Penal Code, 1860 [Entire Act]
Section 419 in The Indian Penal Code, 1860 [Entire Act]
Section 477A in The Indian Penal Code, 1860 [Entire Act]
State Of West Bengal vs Falguni Dutta And Another on 5 May, 1993
Since the decision of the Supreme Court in State of West Bengal v. Falguni Dutta (supra) is based on Section 167(5) Cr.P.C. as it stood before West Bengal amendment and since the decision of the Special Bench of this Court in Saktisadhan Majhi v. The State (supra) relates to interpretation of Section 167(5) as it stands after the amendment made by the West Bengal Amendment Act, I am bound by the decision of the Special Bench of this Court on the point in Saktisadhan Majhi v. The State (supra). Following the said decision of the Special Bench, I therefore hold that the charge-sheet No. 94 filed under Sections 407/408/477A/419 IPC after the expiry of the period prescribed for investigation as applicable to the case without obtaining permission of court for continuation of investigation beyond the prescribed period is bad in law and the cognizance taken thereon as well as the proceeding based on such cognizance is also bad and are liable to be quashed.
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
In this connection, it has been observed by the learned Chief Justice in Saktisadhan Majhi v. The State that 'after this West Bengal Amendment Act, there will be no scope under the West Bengal law to follow the course suggested in Hussainara Khatoon, (1979Cri LJ 1052) (supra) of filing a charge-sheet after the stoppage of investigation...'. The Special Bench of this Court in the said decision has held that cognizance taken by the court on the basis of a charge-sheet filed after the expiry of the period of the investigation prescribed under Section 167(5) without any order from the Magistrate and the proceedings based on such cognizance is bad in law.