seek Search Warrants under section
93 of the Code of Criminal Procedure for the
purposes of search and seizure for
investigation of registered offence under ... provisions as contained U/Sec 165 & Sec 166
of Code of Criminal procedure & other
relevant sections enacted for the purpose of
Search
JUDGMENT
Vaman Rao, J.
1. The petition under Section 482 of Criminal Procedure Code, 1973, seeks quashing of the order dated January 28, 2000, passed ... special power or special procedure can validly be enforced without infringing the provisions of Section 5 of the Criminal Procedure Code inasmuch as there
Krishnan, Sr. Adv. with
Mr.Rahul Mehra, Standing Counsel
(Crl.), Ms.Richa Kapoor, ASC (Crl.),
Ms.Aakashi Lodha, Mr.Rohit Kaul,
Ms.Vedika Mittal ... filed
the present petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as the " Cr.P.C .") against
2020 issuing warrants to search
under Section 93 of the Criminal Procedure Code
and consequent mahazars carried out in
pursuance of said search ... said statements, sought for search warrants
under Section 93 of Code of Criminal Procedure
(for short, Cr.P.C .) to search three offices
materia provision to Section 96(1) , clause
(c), of the Code of Criminal Procedure , 1898, now repealed.
8. A careful perusal of Section ... Calcutta 97
7
Section 96(1) of the Code of Criminal Procedure, 1898, which is
pari materia to Section 93(1)(c) of the Code
revision petition has been filed under
Sections 397 of the Code of Criminal Procedure, 1973
(hereinafter, referred to as ' Cr.P.C ./Code ... neither
permissible nor is in consonance with the scheme
of Code of Criminal Procedure .
23. Section 397 CrPC vests the court with
investigation and trial.
Entire elements of Section 498A IPC, if any, as well as Section 406
IPC, if any, occurred within the jurisdiction of Mumbai ... been clearly stipulated:
"Sec. 181(4) - Any offence of criminal misappropriation or
of criminal breach of trust may be inquired into or tried
either cheating or criminal breach of trust , there was no need for the petitioner company to file a criminal complaint or to move an application ... passed by the competent criminal court. Rule is made absolute in the aforesaid terms.
Special Criminal Application No.865 of 2002
24. Ms. Nandini Joshi
irrespective of whether open or closed.
15. Chapter VII of the Criminal Procedure Code deals with summons and
searches. Part A concerns summon to produce ... apposite:
“7. Now we shall look at the provisions of the Criminal Procedure Code to
ascertain which of its provisions regulating the mode of search
seizure operations.
11. Thus, we will find in Chapter-VII of Criminal Procedure Code ,
1973 (for short, " Cr.P.C , 1973"), the provisions ... limited class of cases falling under section 165 of
the Criminal Procedure Code). Therefore, issue of a search warrant
is normally the judicial function
