with permission of the Court in view of Section 320 ,
Cr.P.C. but Section 120B IPC, the other count on which ... |may be compounded |
| |Penal Code | |
| |applicable | |
|1 |2 |3 |
(2) The offences punishable under the sections of the Indian
Penal Code
under Section 482 of
the Cr.P.C. has quashed the FIR for the offences under Sections 307
and 34 of the IPC ... conferred under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable
offences under Section 320 of the Code
report under
Section 173 Cr.P.C. against the four accused persons on 14.5.2002. Charges
were framed under various sections of Indian Penal Code ... offences under Sections 121,
121A, 122, Section 120B read with Sections 302 & 307 read with Section 120-
B IPC, sub-Sections
that Schedule. [Rep. by the Constitution (Thirty-sixth Amendment) Act, 1975 , section 5 (w.e.f . 26. 4. 1975 ).] [ Editorial comment -The Constitution (Thirty-Fifth ... adjudicate on the matters of section 302 , section 307 and section 392 read with section 34 of the Indian Penal Code, 1860. The contention
defined; (b) in Part I of the Schedule under
Indian Penal Code the word offence under section
477A relating to falsification of accounts should ... Indian Penal
Code or sub-section (2) of Section 5 of the
Prevention of Corruption Act, 1947 in one group or
category. They were
filed under Section 231(2) read with Section 311
of the Code of Criminal Procedure, 1973 (for short, ‘the Code’) being ... High Court under Section 482 of the Code is not
inhibited by Section 320 of the Code. Needless to say that this Court can
also
said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 overturning ... India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said
Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... HEADNOTE:
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority
Charge under s. 304 read with s. 34 of the
Indian Penal Code against two persons-Acquittal of one-
Omission to frame alternative charge ... punishable under
section 302 of the Indian Penal Code read with section 34 of
the Indian Penal Code...........".
An exactly similar charge
Indian
Penal Code and section 188 of the Criminal Procedure Code,
which are extra-territorial in operation could not have been
brought into force ... section 21 of
the Indian Penal Code even before this amendment. Clause 9
of section 21 , Indian Penal Code, shows that every officer
