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
moved
the High Court by filing applications under
Section 439 of the Code of Criminal Procedure
(in short, "Cr. P.C."). The same ... favour of
granting bail subject to sub-
section (3) of Section 437 CrPC if
it deems necessary to act under
it. Unless exceptional
provisions of Law,
Section98(2) of Gujarat Prohibition Act , it will prevail over the
procedural law I.e. Criminal Procedure Code , Section451.
Therefore ... Constitution
of India and generally the Criminal Courts by virtue of Section 4 of the
Criminal Procedure Code, should try the offence. Section
controlled by Section 147
and the scheme contemplated by Section 320 of the Code of
Criminal Procedure [Hereinafter ` CrPC '] will ... Stricto sensu, however,
the table appended to Section 320 of the Code of
Criminal Procedure is not attracted as the
provisions mentioned therein refer only
Section 120B read with Sections 302 & 307 read with Section 120-
B IPC, sub-Sections (2), (3) & (5) of Section 3 and Section ... Section 302 read with Section 120-B IPC (it would be more
appropriate to say Section 120-B read with Section 302 IPC) and Section
within the discretion of the investigating officer. Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order ... Court in this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section
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
criminal appeal @ SLP(Crl.) No.
9860/2013 is concerned, original accused were facing the
criminal proceedings for the offences under Section 394 of the
IPC ... appellate court while dealing with a petition
under Section 482 of the Criminal Procedure Code.
Subject to the above, the High Court will have
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
Krishnan, J.
1. The above Criminal Miscellaneous Cases are filed under Section 432 of the Code of Criminal Procedure seeking to quash the criminal proceedings ... Sambhajirao C. Angre 1988 SCC (Crl.) 234 referring to Section 482 of the Code of Criminal Procedure 1973, it was held that when a prosecution
