Indian Penal
Code, 1860 (for short, ‘ IPC ’) and Sections 199(1) to 199(4) of the Code
of Criminal Procedure, 1973 (for short, “ CrPC ... well as in procedure. The
procedural provisions applicable to complaints alleging criminal
defamation under Sections 499 and 500 IPC do not pass the test
made against
him under Section 340 of the Code of Criminal Procedure
for making a false claim under Section 209 of the Indian
Penal Code ... made against him under
Section 340 of the Code of Criminal Procedure for an offence under
Section 209 of the Indian Penal Code. Relevant portion
submitted that
while Sections 25 of the Code of Civil Procedure and 406 of Code of Criminal
Procedure as applicable to the rest ... powers available to them under the Code of Civil Procedure ( CPC ) or the Code
of Criminal Procedure ( Cr.P.C .). Convenience of parties
this regard is made to Section 46 of
the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C .’) and it is
submitted that ... affidavit also refers to Chapter 4 of the Indian Penal Code (for
short ‘the IPC ’) particularly Sections 99 to 106 which deal with the right
pari materia provision
contained in the Criminal Procedure Code . Section 1(2) of the Code of
Criminal Procedure, 1898 stated:
“ Section 1 . Short title ... Section 4(1) of the Code of Civil Procedure
contained in Section 5 of the Code of Criminal Procedure. This Court
relied upon the Lahore
implication of 162 (2) of Code of Criminal Procedure is concerned, as a proposition of law, unlike the excepted circumstances under which 161 statement could ... Respondent, once the said statement though recorded Under Section 161 Code of Criminal Procedure assumes the character of dying declaration falling within the four corners
JUSTICE S.VIMALA
Crl.O.P.(MD) No.14069 of 2016
and Crl.M.P.(MD) 6572 of 2016
Bala @ Balakrishnan ... Petitioner/Accused ... Superintendent
Central Prison,
Trichy. ... Respondents/Complainants
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to
call for the records pertaining
Code of Criminal
Procedure, 1973 (in short 'the code') read with section 482 of the Code
CRL.A.285/2007 Page ... provisions of the Code, we will pause to observe that the Code is
a code of procedure and, like all procedural laws, is designed
CRL.M.C. No.2565/2013 & TRP. CRL. No.45/2014 Page 1 of 60
+ TR.P.(CRL.) 45/2014 & Crl ... power of the High Court to transfer a criminal case from one criminal
court to another criminal court in the same Sessions Division, till
this regard is made to Section 46 of the Code of Criminal Procedure,
1973 (for short ‘the Cr.P.C .’) and it is submitted that ... police investigation is not
maintainable. It was submitted that the procedure laid down in the Cr.P.C . is quite