offence under section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB of the Indian Penal Code, the inquiry ... Amendment) Act, 2008 (5 of 2009), Section 21 (b).]
MAHARASHTRA.- In section 309 of the Code of Criminal Procedure
remand to judicial custody either under Section 167 or under Section 309(2) of the Code of Criminal Procedure. This situation can be solved ... exercise of his powers either under Section 167 or under Section 309(2) of the Code of Criminal Procedure. In this view of the matter
Magistrate to grant remand under section 167(2) Cr.P.C. comes to an end and that Section 309 which empowers the Magistrate to remand ... remand the accused in terms of sub-section (2) of Section 309 of the Code."
24. In Shardulbhai Lakhmanbhai Pancholi v. State of Gujarat
hearing of a criminal case in exercise of its discretionary power under Section 309 of the Code of Criminal Procedure if the disposal ... that the criminal Courts, that too in summary cases, dealing with Section 138 of the Negotiable Instruments Act, would liberally invoke Section 309 ,
accused is not governed by Section 167 Cr.P.C. and is only governed by Section 309(2) Cr.P.C.
9. By relying ... application only under Section 167 Cr.P.C. and only after filing the bail application by the respondent/accused, Section 309
granted Under Section 167 of the Code of Criminal Procedure comes to an end and further remand is only tinder Section 309 of the Code ... days stipulated under Section 167 of the Code of Criminal Procedure, detention being unauthorized, remand order under Section 309 of the Code of Criminal Procedure
Criminal Courts should exercise their available powers, such as those under Sections 309 , 311 and 258 of Code of Criminal Procedure to effectuate the right ... counsel in other Courts etc. A joint reading of Section 309(1) and Section 309(2) Cr.P.C would show that the intention
provision, namely, Section
344 which was akin to Section 309 of the present
Code. Section 167 of the Code of Criminal Procedure,
1973, corresponds ... Section 167 of the old Code.
This Court had occasion to consider Section 167 and
Section 344 of the old Code in Gouri Shankar
provision, namely, Section
344 which was akin to Section 309 of the present
Code. Section 167 of the Code of Criminal Procedure,
1973, corresponds ... Section 167 of the old Code.
This Court had occasion to consider Section 167 and
Section 344 of the old Code in Gouri Shankar
apart from extending remand for judicial custody under Section 167(2)
Cr.P.C or Section 309 Cr.P.C, the learned ... passed under Section 267 Cr.P.C
whereas the remand order is given under Section 167 Cr.P.C or under
Section 309
