under Section 438 of the Code is exactly
like the orders of bail passed under Sections 437 and 439 of
the Code; the Code does ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
report has been forwarded to a Magistrate under Section 173 of the Code
of Criminal Procedure, 1973 (2 of 1974), or a complaint has been ... police was made available to the
accused. Under Section 172 of the Criminal Procedure Code, every police
officer making an investigation has to record
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order dated
expressly
excludes. the provisions of the Code of Criminal Procedure
section 397(2) of the Code cannot be invoked because that
would frustrate the very ... inherent
power under section 482 of the 1973 Code corresponding
to section 561A of the Code of Criminal Procedure,
3898-herein after called
punishment in section 302 of the
Indian Penal Code read with section 354 sub-section (3) of
the Code of Criminal Procedure cannot be sustained ... provided under section 302 of
the Indian Penal Code read with section 354 sub-section (3)
of the Code of Criminal Procedure , 1973 does
application was made to the District Magistrate, Delhi,
under section 96 of the Criminal Procedure Code, for the
issue of warrants for the search ... later Codes of Criminal Procedure and have
been incorporated into section 342 of the present Criminal
Procedure Code of 1898. The only later statutory change
Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal Procedure , 19739 which are also under
challenge. However ... definition of “investigation” under the PMLA in Section 2(1)(na) and
Section 2(h) of the Cr.P.C. Further, it is urged that
procedure laid down by
436
the Ordinance for trial before such Courts varied from the
normal procedure prescribed by the Criminal Procedure Code ... procedure which is dif-
ferent from and less advantageous to the accused than the
ordinary procedure laid down in the Criminal Procedure Code ,
and thereby
under Section 494 ad 495 IPC cognizable, the legislation
made by the Parliament in respect of Section 198 of the Code
of Criminal Procedure remained ... Code of Criminal Procedure , 1973 including for the
Reportable
purpose of Section 198 of the Criminal Procedure Code.
Section 198(1)(c), after the Amendment
Prosecutor within the
meaning of clause (u) of section 2 of the Code of Criminal
Procedure, 1973 (2 of 1974).
(2) The person conducting prosecution ... contained in this section shall affect the
powers of the High Court under section 407 of the Code of
Criminal Procedure
