complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... section 41 or section 42 officer
was also hit by section 25 of the Evidence Act. He added that the
special procedure in section
offence only under section 7 of the Police Act, there
can be no magisterial inquiry under the Criminal Procedure
Code . In such cases ... offence only under section 7
of the Police Act, there can be no magisterial inquiry under
the Criminal Procedure Code . In such cases
dying declaration, recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding ... Sections 120B / 365 / 366 / 376(2)(g) / 377 / 201 / 395 / 397 / 412 IPC to run
concurrently and that the benefit under Section 428 CrPC
order of the Magistrate dismissing the
complaint under Section 203 of the Criminal Procedure Code, 1973 (for short
‘Code’).
3. It is not necessary ... revision petition directed against the order of
dismissal under Section 203 , Criminal Procedure Code and
ordering a further enquiry as a matter of discretion
will have to be held as contemplated under Section 220 of the Code of
Criminal Procedure, 1973 (in short ‘the Code’). It is further pointed ... more
further reports; this is the import of sub-section (8) of Section 173
CrPC.
20. From the above discussion it follows that
contained in sub-section (2) of Section 397 or Section 401,
the complainant moved the High Court under Section 482 of ... Code of Civil Procedure ( C.P.C .) Section 151 whereof deals with
such power. Section 151 of C.P.C. reads:-
“Nothing in this Code
Magistrate
is made provable in its entirety.
Section 162 of the Code of Criminal Procedure also enacts a
rule of evidence. This section ... deemed to
have surrendered himself to the police. Section 46 of the
Code of Criminal Procedure does not contemplate any
formality before a person
Prevention of Corruption Act, 19887, the Indian Penal Code , 18608
and the Code of Criminal Procedure , 19739 which are also under
challenge. However ... definition of “investigation” under the PMLA in Section 2(1)(na) and
Section 2(h) of the Cr.P.C. Further, it is urged that
Section 218 in The Code of Criminal Procedure, 1973
218. Separate charges for distinct offences.
(1) For every distinct offence of which any person ... number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of Sections
contemplate or countenance the situation envisaged by Section
125 of the Code of Criminal Procedure, 1973. The Court held that
it would be incorrect ... iddat, she is
entitled to have recourse to Section 125 of the Code of Criminal
Procedure.
2. This decision has led to some controversy
