Code of Criminal Procedure in 1973.
10. Section 438 of the Code of Criminal Procedure, 1973 reads
as under:
"438. Direction for grant ... could
be granted were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first
Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (i) for the Table.] [TABLE]
Offence.
Section of the Indian Penal Code applicable.
Person ... Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (iii), for sub-Section (3). Prior to its substitution, sub-Section (3) read
Section 341 in The Code of Criminal Procedure, 1973
341. Appeal.
(1) Any person on whose application any Court other than a High Court ... refused to make a complaint under sub-section (1) or sub-section (2) of Section 340, or against whom such a complaint has been made
Section 342 in The Code of Criminal Procedure, 1973
342. Power to order costs.
- Any Court dealing with an application made to it for filing ... complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just
report has been forwarded to a Magistrate under Section 173 of the Code
of Criminal Procedure, 1973 (2 of 1974), or a complaint has been ... police was made available to the
accused. Under Section 172 of the Criminal Procedure Code, every police
officer making an investigation has to record
under section 467 read with
section 114 and section 193 I.P.C. and respondent No. 2
under section 467 I.P.C. and sentenced ... guilty
under section 467 read with section 114 I.P.C. and that
respondent No. 2 was guilty under section 467 I.P.C, [711A
view of
Section 18 of the Act, there is no application of Section 438 of the
Code of Criminal Procedure but in view ... Notwithstanding anything contained in
sub-section (3) of Section 378 of the Code of
Criminal Procedure, 1973 (2 of 1974), an appeal
shall
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... under Section 2(a)
of the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against
that when an
offence described in Section 463 or punishable under Section 471 , Section
475 or Section 476 IPC is alleged to have been committed ... Criminal Procedure 1908 (for short 'old Code'). Sub-section (1) (c) of
Section 195 of Old Code read as under:
" Section
report from
the Investigating Officer in accordance with Section 210 of
Code of Criminal Procedure (" Cr.P.C ." for short). In the
meantime ... under Section 352 IPC for the offence under
Section 354 IPC includes the ingredients of the former. In
other words, Section 352 IPC constitutes
