accused persons. This
direction “amounts” to an order under Section 438 CrPC, albeit without
satisfaction of the conditions of the said provision. This ... deem fit and proper.
Analysing the scope of Section 438 CrPC as expressed by the Constitution
Bench in Gurbaksh Singh Sibbia v. State
matter of an application under Section 438 of the Code of Criminal Procedure, 1973.
-----------------
Pramod Kumar Ray and others ... Petitioners
Versus
State of Odisha ... Opposite ... competent courts so far as
application of Section 438 of the Code of Criminal Procedure to persons
committing an offence under
were Sections 437 and 439 of the Code. Section 438 was incorporated in the
Code of Criminal Procedure , 1973 for the first time ... Special Act and
the Code and where the Special Act is silent, the procedure prescribed under
the Code of Criminal Procedure , 1973 shall apply
references
in sub-section (2) of Section 167 of the Code
of Criminal Procedure, 1973 thereof to
"ninety days", where they occur, shall ... hundred and eighty days.
(5) Notwithstanding anything contained in
the Code of Criminal Procedure , 1973, the
offences punishable under this Act with
imprisonment
Chennai 600 079. .. Respondent
Prayer :- Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail ... Whether an application seeking anticipatory bail under Section 438 of the Code of Criminal Procedure at the instance of a juvenile in conflict with
Section 438 of the Code not to apply to
persons committing an offence under the Act. - Nothing
in Section 438 of the Code shall apply ... under the IPC on the basis of the written complaint of the
complainant. The Additional Sessions Judge rejected their
application under Section 438
CHOWDARY
CRIMINAL PETITION No.7468 of 2017
ORDER:
This criminal petition is filed by the petitioner-accused No.2,
under Section 438 of ... Code of Criminal Procedure, 1973 (in short the
Code).
9. Section 18 of the SC/ST Act creates a bar for
invoking Section 438
materials available on record.
Code of Criminal Procedure , 1898 (Old Code) did not
envisage specific provision corresponding to Section 438 of
the present Code ... into
Section 438 Code of Criminal Procedure the
limitations mentioned in Section 437 Code of
Criminal Procedure. The plentitude of
Section 438 must be given
accused
persons. This direction “amounts” to an order under Section 438
CrPC, albeit without satisfaction of the conditions of the said
provision. This ... deem fit and proper. Analysing the scope of Section 438 CrPC
as expressed by the Constitution Bench in Gurbaksh Singh Sibbia
v. State
materials available on record.
Code of Criminal Procedure , 1898 (Old Code) did not
envisage specific provision corresponding to Section 438 of
the present Code ... into
Section 438 Code of Criminal Procedure the
limitations mentioned in Section 437 Code of
Criminal Procedure. The plentitude of
Section 438 must be given
