Court of Appeal from the Criminal Courts of the Province. Section 6 of the Criminal Procedure Code enumerates the five classes of Criminal Courts ... Court will ordinarily correct with reference to orders made under Section 145 , Criminal Procedure Code.
24. But the, general superintendence conferred by Section
prosecution witnesses and the statements recorded under Section 313 of the Code of Criminal Procedure and the evidence produced on behalf of the defence ... helpless.
25. In the old Criminal Procedure Code Sub-section (2) of Section 252 provided that in cases started otherwise than on police report
accused by reason of
its breach, for Section 537 Code of Criminal Procedure
provides, amongst other things that subject to the
provisions contained ... that the
Criminal Procedure Code , 1973, engrafted the hitherto latent
legislative intent by providing in sub-section (3) of Section 354 thus,
"(3) When
appellate court under Section 386 or read
with Sections 397 and 401 of the Criminal
Procedure Code, 1973 ( CrPC ) and, in this
case ... motu power of
revision is still extant under Section 397 read
with Section 401 , Criminal Procedure Code,
1973, inasmuch as the High Court
accused by reason of
its breach, for Section 537 Code of Criminal Procedure
provides, amongst other things that subject to the
provisions contained ... that the
Criminal Procedure Code , 1973, engrafted the hitherto latent
legislative intent by providing in sub-section (3) of Section 354 thus,
"(3) When
Ramashish Rai being aggrieved by his conviction under Section 402 of the Indian Penal Code (for short I.P.C .) and sentence of ten years ... prosecution case and his examination under Section 313 of the Code of Criminal Procedure.
2. The case of the prosecution was that at the Exhibition
passed by learned Sub Divisional
Magistrate, Aurangabad U/S 146(1) of the Code of Criminal
Procedure in Case No. 2548/2013 (Prem Kumar Daruka ... been attached / seized as noticed above.
22. Sections 145 and 146 of the Code of Criminal
Procedure are quoted hereinbelow for a ready reference
found generally
in Sections 24 to 30 of the Evidence Act and
Ss. 162 and 164 of the Code of Criminal
Procedure , 1898. Section ... fact thereby discovered, may be proved.
Section 162 of the Code of Criminal Procedure
forbids the use of any statement made by any
person
found generally
in Sections 24 to 30 of the Evidence Act and
Ss. 162 and 164 of the Code of Criminal
Procedure , 1898. Section ... fact thereby discovered, may be proved.
Section 162 of the Code of Criminal Procedure
forbids the use of any statement made by any
person
police officer prayed for the issue of a notice under Section 144 , Criminal Procedure Code, against both the parties. Acting on the aforesaid report ... Code of Criminal Procedure itself has, under Chapter II, made provisions for constitution of Criminal Courts and Offices. Section 6 of the Code provides