provisions contemplated under
Sections 335 and 338 of the Code of Criminal Procedure, we
are of the view that the appellant is to be detained ... custody in terms of Section 335(1)(a) of the Code of Criminal
Procedure. Considering the fact that schizophrenia is a
dangerous mental illness
petitioner on the same
date without following the mandatory procedure prescribed
under Section 202 Cr.P.C. On receiving summons the petitioner
filed Crl ... I.P.C. It is after conducting enquiry
that cognizance was taken for the offence under Section 376
IPC vide the impugned order in Crl
read with Section 34 of the Indian Penal Code, 1860 (in short, " IPC ").
After examining 72 witnesses on the prosecution side and eight ... acquitted under Section
235(1) of the Code of Criminal Procedure, 1973 (in short, " Cr.P.C .").
2. For the sake of convenience
violated
Section 154 of the Code of Criminal Procedure
( Cr.PC ) as the same does not disclose any
Crl ... reads as follows:
" Section 154(1) in The Code Of Criminal
Procedure, 1973:
(1) Every information relating to the commission
of a cognizable offence
despite curtailment of revisional jurisdiction under
Section 115 of the Code of Civil Procedure by Act 46 of 1999, the
jurisdiction of the High Court ... place where the cheque has been
dishonoured. All remedies under IPC and Cr.P.C . are available
to such a payee if he chooses
Police Station, Ernakulam under Section 156(3)
of the Code of Criminal Procedure, 1973, Cr.P.C ., for short. Crime ... erroneous in terms of Sections 195 and 199 of the Code of Criminal
Procedure. In the said circumstances, the State was directed
submitted that when the petitioner
has ordinary remedies under the Code of Criminal
Procedure , if at all he is aggrieved by the order passed ... under Section 397, or some other
provisions of the Criminal Procedure Code (Para 29).
However, the Honourable Supreme Court explained that
such power cannot
aside the report filed under
Section 173(2) of the Code of Criminal Procedure, 1973 (for brevity
' Cr.P.C .' only) in Crime ... said Court under Section 173 (8) of the Code of
Criminal Procedure. Hence it is imperative that the
said power, which, though, will always vest
read with Section 34 of I.P.C. To the charge, the
Crl.Appeal.43/2002 & con.cases.
17
accused pleaded not guilty ... I.P.C. and as
the issue gained public attention and since strong objections
were raised from several quarters, other offences were added.
Crl.Appeal
DELIVERED THE FOLLOWING:
Crl.Appeal No.449 of 2021
2
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
-------------------------------------------------------
Crl.Appeal ... Section 84 IPC. However, the court below failed to
appreciate the said fact in the correct perspective. The procedure
contemplated under Section 329
