provisions as contained U/Sec 165 & Sec 166
of Code of Criminal procedure & other
relevant sections enacted for the purpose of
Search ... that both are
different procedure as defined under the Code of
Criminal Procedure . On bare perusal of section 93
Cr.P.C., it indicates that
respondent No.1 pursuant to the provisions of Section 93 of the
Code of Criminal Procedure, 1973 (hereinafter referred as "the
CrPC ... procedure
as prescribed by law. So as to substantiate his contentions, he has
drawn support from the provisions of Section 93 of the CrPC
Section 13(1)(d) of PC Act, in the FIR.
6. The perusal of order dated 28.04.2022 reflects that the application
under Section 93 ... also given to the petitioner/CBI to file application under section
93 Cr.P.C before the competent Court.
7. CBI registered
under Sections 120B r/w Sections 420 , 467 , 468 , 471 of IPC and
Sections 13(2) read with Sections 13(1)(d) and the investigation ... course of investigation, an application for issuance
of search warrants under Section 93 Cr.P.C. was moved for seizure of
incriminating documents/articles
necessary
to investigate the offence and hence passed necessary orders
under sections 17 and 18 of the Prevention of Corruption Act,
6
1988. One such ... further stated that the respondent has obtained necessary
warrants under section 93 Cr.P.C., from the competent
jurisdictional court and conducted raid and prepared
respondents whereby the provisions contained in Section 93
of the Code of Criminal Procedure is being knowingly and
deliberately misused to the detriment of general ... directed not to seek search warrants under Section 93 of the
Code of Criminal Procedure for the purpose of search and
seizure under the investigation
Judge, CBI-13, dismissing
the application of the CBI/ petitioner under Section 93 Cr.P.C. and returning
a finding that till a sanction ... been done only after conducting an search pursuant to orders under
Section 93 Cr.P.C., which have been declined.
3. Notice be issued
Applications Nos.5 to 7 filed by the
accused under Section 227 Criminal Procedure Code, 1988.
Afterwards, dismissed the said applications and charges framed
against ... explained to the accused
Nos.1 to 3 under Section 313 Criminal Procedure Code,1988.
They have denied the entire prosecution evidence and filed
written
judis
Crl.R.C.(MD)No.863 of 2021
ORDER
The Criminal Revision is directed against the order passed in
Crl ... Corruption, who is the Investigating Officer, has filed an
application under Section 93 Cr.P.C., seeking permission to search
impugned order dated 13.04.2022 reflects that the
application under section 93 Cr.P.C. filed by the petitioner for issuance of
search warrants was dismissed ... trial court was under the statutory obligation as
per mandate of section 93 Cr.P.C. to issue search warrants.
10. The case is remanded
