power was vested in the Magistrate Under Section 523 of the old Code of Criminal Procedure , 1898, but corresponding new Section 457 does not empower ... Cr.PC in place of old Section 523 has been discussed in Code of Criminal Procedure , 1973, 7th Edn. by Chitaley. That commentary has reproduced
accused was placed issued a search warrant under Section 94 of the Criminal Procedure Code and recovered Rs. 4,000 from the Lloyds bank ... petitioner, in this decision provisions of Section 561A of the Code of Criminal Procedure (Presently Section 482) were also invoked to say that the High
referred the matter for confirmation to this Court under section 366 of the Criminal Procedure Code. Both these matters are heard together and
are being ... offered any defence through his statement Exh. 10, under section 313 of the Criminal Procedure Code and whether did he produce additional evidence in support
between the old Section 517 of the Code of Criminal Procedure and the present Section 452 of Cr.P.C. Learned Counsel Shri Lotlikar ... difference in those two Sections. I cannot see any substantial difference in the old Section 517 and new Section 452 of Cr.P.C. Therefore
when the Misc.
Criminal Application preferred by the claimant Navin Modh(present
applicant) mentioned Section 457 of the Code of Criminal Procedure.
5] Learned Advocate ... order passed by the Trial Court under Section 452
of the Code of Criminal Procedure, after going into merits of the
application cannot be treated
case for the purposes of assessment under
Section 451 of the Criminal Procedure Code. That application was rejected
by the Court for want of details ... behalf of the petitioner as an application under Section 452 of the Criminal
Procedure Code which the trial court rejected. The rejection has been
confirmed
sec.366-A of IPC.
11) Muddemal property-clothes and pregnancy kits being
worthless be destroyed after expiry of appeal period vide
Section 452 ... closure pursis, the
Statement of the Appellant under Section 313 of the Code of Criminal
Procedure, 1973 (for short, ' Cr.P.C .') came
trial concluded, the appellant made an
application under section 452 of the Code of Criminal
Procedure being Misc. Application No. 570 of 2023 seeking
orders ... this Court is empowered to pass the
order in view of Sec. 452 of Cr.P.C.
4. Ld. Sr. PP for CBI submits that
being challenged by
present application under Section 482 of the
Criminal Procedure Code, 1973 ( CrPC ) read with
Article 227 of the Constitution ... certainly not the test to determine
whether Section 451 or Section 457 of the CrPC
would be the empowering provision for Magistrate
punishable u/ sec.376-A , 506 of IPC and
u/ sec.4(2) and 6 of POCSO Act vide section 235(2)
... being worthless be destroyed after expiry of appeal
period vide Section 452 Cr.P.C.
10) Copy of judgment be given to the accused free
