Criminal Procedure, 1973, in relation to
cognizable offence punishable under Section 326A, Section 326B,
Section 354, Section 354B, Section 370, Section 370A, Section 376,
Section ... 376A, Section 376B, Section 376C, Section 376D, Section 376E,
Section 509 shall be punished with rigorous imprisonment for a term
which shall not be less
under Section 438 of the Code is exactly
like the orders of bail passed under Sections 437 and 439 of
the Code; the Code does ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
words ?Nothing in this Code? in Section 482 of
the Code of Criminal Procedure, but, the
powers under Section 482 of the Code of
Criminal ... Section 19(3)(c) of the 1988 Act.
(e) The exercise of power either under Section
482 of the Code of Criminal Procedure or under
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
call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code , 1952: Sections 9(6) , 164 , 194 ,
327 , 354(3) --`Place ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
right to file a revision petition under Section 397 of the Code of
Criminal Procedure, 1973 or the Cr.P.C . as well approaching ... under Section 439 of the Criminal
Crl. Appeal Nos.______/2017 etc. (@ SLP (Crl.) Nos. 9503/2016 etc.)
Page 6 of 53
Procedure Code
Criminal Procedure are the elimination of the committal procedure in sessions cases and the substitution of the procedure laid down in the Code for trial ... allowed in the case of accused tried under the procedure mentioned in the Criminal Procedure Code ; what makes the legislature or the executive to think
High Court can exercise its inherent powers
under Section 561A of Code of Criminal Procedure, 1908, which was
similar to Section 482 of 1973 Code ... power under Section 439 or under the inherent power of the
court under Section 561-A of the Criminal Procedure Code."
17. This question
construction, will
render the section entirely otiose.
Dismissing the appeal,
^
HELD: The question of sanction u/s 197 Criminal
Procedure Code can be raised ... Bihar,(2) wherein it has been held that sanction under
Section 197 , Criminal Procedure Code for prosecution for an
offence under Section 409 , Indian Penal
