barred by Sub-section (1) of Section 403 of the Code of Criminal Procedure, as on a previous complaint, which was withdrawn, after its cognizance ... ground that Sub-section (1) of Section 403 of the Code of Criminal Procedure bars the same, but that was overruled. On revision the learned
such direction^ should not be made. Under Section 399 of Code of Criminal Procedure it is provided that in the case of any proceeding ... personally or by pleader in his own defence. Section 403 of Code of Criminal Procedure provides that save as otherwise expressly provided by this Code
Lyallpur under Section 488 , Criminal Procedure Code can even now be executed under Section 490 of the Code in the Court at Ludhiana. But that ... second application on the same facts. Section 403 , Criminal Procedure Code, would, therefore, be no bar to the present application of the respondent
Section 26 of the General Clauses Act and Section 403 of the Code of Criminal Procedure. It has, however, been held in S.A. Venkataraman ... principles which finds expression in Illustration (d) to Section 403 of the Criminal Procedure Code, as already mentioned. It is in the light of these
Article the rule of autre fois
acquit embodied in S. 403 , Criminal Procedure Code. Assuming we
can do that, still it is not possible ... offence. In order to get
the benefit of Section 403 , Criminal Procedure Code or Article 20(2) ,
it is necessary for an accused person
Singh, AIR 1965 Supreme Court 87. Having interpreted
the provisions of Section 403 Cr.P.C.(new Section 300), it was ruled as
under ... introduce any variation in the Code of Criminal
Procedure either in investigation, enquiry or trial. It
Crl.Appeal No.883-SB of 1998 8
also
applications filed by Pritam Singh under Section 145 , Criminal Procedure Code.
(7) Although the learned Magistrate appears to have been doubtful of the correctness ... counsel for the petitioner are contained in Secs. 369 and 403, Criminal Procedure Code . Section 369 provides:
"Save as otherwise provided by this Code
Kanwaljit Singh Ahluwalia
Criminal Revision No. 676 of 1999 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Revision ... these circumstances, this
Court proceed to decide the present revision petition.
Section 403 Cr.P.C. read as under:-
"403. Option of Court
indictment or information, in the Criminal Courts, in order to put an offender upon his trial. In all criminal prosecutions the king is normally ... under:--
"...............In order to get the benefit of Section 403 , Criminal Procedure Code or Article 20(2) , it is necessary for an accused person
convicted under Sections 307 IPC etc., Bir Singh
pleaded that his trial was barred under Section 403 Cr.P.C (now 300
... double jeopardy or autre fois acquit. It is further observed that
Section 403 Cr.P.C. (now 300 Cr.P.C .) does not preclude