Commission submitted in the year 2001, Section
41 of the Code of Criminal Procedure (for short ‘ Cr.PC ), in the present
form came ... vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant
Ernakulam, whereby Criminal M.C. no. 3715
of 2010 filed under Section 482 of the Code of Criminal
1
Procedure, 1973, with a prayer ... court while dealing with a petition under Section 482
of the Criminal Procedure Code. Subject to the above, the High
Court will have to consider
will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where an analogous
provision existed ... scheme of the trial
of a criminal case under the Code of Criminal Procedure , 1973,
viz., Chapter XIV “Conditions requisite for initiation of
proceedings” containing
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... person who has been arrested. Coming to the provisions
of Code of Criminal Procedure , Section 161 empowers a
police officer making an investigation to examine
commitment. [224 G-H, 225 A-C]
8. The procedure provided in Criminal Procedure Code
for imposing capital punishment for murder and some other
capital ... history of the relevant
provisions of the Indian Penal Code and the Code of Criminal
Procedure , it is clear that in our country there
Police Act, there
can be no magisterial inquiry under the Criminal Procedure
Code . In such cases, and in other cases until and unless a
magisterial ... shall
be dealt with in the first place under Chapter XIV, Criminal
Procedure Code , according to law, a case under the
appropriate section being registered
ambit of an inquiry
under Section 202 of the Code of Criminal Procedure
which culminates into an order under Section 204 of
the Code. Thus ... exercise of its jurisdiction
under Section 482 of the Code of Criminal Procedure
cannot go into the truth or otherwise of the allegations
and appreciate
Section 250 in The Code of Criminal Procedure, 1973
250. Compensation for accusation without reasonable cause.
(1) If, in any case instituted upon complaint
recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding of the test identification ... IPC to run
concurrently and that the benefit under Section 428 CrPC would be given
wherever applicable. He further recommended that appropriate compensation
read with 34 of the
Indian Penal Code , 1860 ( IPC ). He was serving as Director of
Technical Education in the State of Maharashtra ... away, there has to be fair, reasonable
and just procedure. Referring to Section 41(1)(b) Cr.P.C. it was
submitted that arrest could
