Chimpi @ Narendra Yadav vs State Of M.P. on 21 November, 2022
Author: Gurpal Singh
Trial
No.06/2009, by which he has been convicted u/S. 302 of IPC and
sentenced to undergo Life Imprisonment with fine ... , the matter
was investigated and Crime No.81/2008 for offence u/S. 302 of
IPC vide Ex.P1 was registered and after
54865/2023
file a police report under Section 173(2), Section 167(2)
of the CrPC was also held to be not applicable ... CrPC to infer that Section 22 of the TOHO Act
bars the applicability of Section 167(2) of the CrPC
54865/2023
file a police report under Section 173(2), Section 167(2)
of the CrPC was also held to be not applicable ... CrPC to infer that Section 22 of the TOHO Act
bars the applicability of Section 167(2) of the CrPC
20914/2022
resort to the provisions of the general criminal law,
particularly when charges under the Prevention of
Corruption Act, 1988 , are involved ... provisions of Section 81(5B) do not by necessary
implication exclude the investigative role of the police
under
nder the CrPC
procedure laid down under Section 81(5B) is a special
procedure, and will prevail over Section 154 of the
CrPC. To fortify their ... CrPC to infer that Section 22 of the TOHO
Act bars the applicability of Section 167(2) of the CrPC
register a criminal case punishable under section
109 / 306 of IPC, against the respondent no.5, after
conducting investigation in the criminal case of
suspicious ... stage of inquiry initiated under section 174 of CrPC in respect of Inquest
No.81/2023.
6. Under these circumstances, the only question
There is no express bar and the
provisions of Section 81(5B) do not by necessary
Signature Not Verified
Signed by: ANAND
SHRIVASTAVA
Signing time ... police
under the CrPC ."
10. Thus, in absence of any bar to the provisions of
Societies Act, 1960 ,
to take resort to the provisions of the general criminal
law, particularly when charges under the Prevention of
Corruption ... Section 81(5B) do not
9 W.P.No.6982/2024
by necessary implication exclude the investigative role
of the police under the CrPC
provisions of Section 81(5B) do not
by necessary implication exclude the investigative role
of the police under the CrPC ."
13. Thus ... applicability of the
provisions of IPC , this Court cannot quash the registration of offence
under the provisions of IPC on the ground that some other