provision to review or recall the order under the Code
of Criminal Procedure (for short ‘the Cr.P.C .’) by the Criminal
Court/Sessions Court ... Code of Criminal
Procedure. The said order is confirmed by the High Court. The
procedure as contemplated under Section 319 Cr.P.C. as well
24291/2017, first application under Section 389(1) Cr.P.C.
on behalf of applicant No.2-Bhagwan Singh for suspension of
custodial sentence ... State.
This is a petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'the Code') praying for
quashment
consideration contrary to the
provisions of Section 53-A of the Criminal Procedure
Code, 1973 (for short ‘ Cr.P.C ’)13 and Section ... being increasingly relied
upon by courts. After the amendment in the Criminal Procedure
Code by the insertion of Section
tried for committing the offence under
Sections 396 and 460 of the I.P.C. There were 11
witnesses examined on behalf of the prosecution ... 1426/2011
read as substantive evidence under Section 294(3) of
the Cr.P.C. It is further contended that the conviction
of the appellants
treat the applications under Section 156(3) of
the Code of Criminal Procedure as the FIRs and start investigation ... into a criminal conspiracy or to indulge in criminal misconduct. Want
of sanction Under Section 197 of the Code of Criminal Procedure is, therefore
offences
mentioned in Section 82(4) of the Criminal procedure Code, 1973
(hereinafter referred to as Cr.P.C .) and, thus, it is contended that ... published under sub-section
(1) of section 82 of the Code of Criminal Procedure,
1973 shall be punished with imprisonment for a term
which
prosecuting this petition.
Accordingly, this petition filed under Section 439 of the Cr.P.C.
is hereby dismissed for want of prosecution.
(S.K. Awasthi ... 2018-repeat
(third) application under Section 389(1) of the Code of Criminal
Procedure for suspension of jail sentence and for grant of bail filed
offender" only under the provisions
of the IPC which are mentioned in Section 82(4) Cr.P.C.
There is stark distinction between ... arrest
issued under the particular Sections of the IPC which are
mentioned in Section 82(4) Cr.P.C., can only be declared
ORDER
(08.02.2018)
The present revision under Section 397 r/w 401 of
Cr.P.C . has been preferred by applicant/accused against the
order dated ... permissible nor is in consonance with the
scheme of the Code of Criminal Procedure ."
9. In view of the legal principles as mentioned above
CRIMINAL PETITION NO.9044 OF 2018
ORDER:
This criminal petition is filed by the petitioner/accused No.1
under Section 482 of Criminal Procedure Code ... Court further held that "as regards the
amendments in the Criminal Procedure Code brought about by
Ordinances Nos. XV of 1948 dated the 31st
