State of U.P. and others, under Section 133 of Code of Criminal Procedure (hereinafter referred to as ' Cr.P.C .') was assailed ... Cr.P.C., there is no provision in the Code of Criminal Procedure to file recall application. It was further submitted that criminal courts have
metropolitan cities and towns had started walking towards
6
The Code of Criminal Procedure , 1973
Writ Petition (Criminal) No.154 of 2020
Vinod ... deal with the matter. He cited criminal revision petitions
under section 435 of the Criminal Procedure Code,
applications for bail and applications for transfer under
present petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter referred to as " ... Officer-in-Charge,
Delhi 1999(3) R.C.R.(Criminal) 440, the application under Section 311
Cr.P.C. was moved when the defence pointed
seven jurors. It is provided by Section 274 , Criminal Procedure Code that where an accused person is charged with an offence punishable with death ... held with the aid of seven persons. Section 326 , Criminal Procedure Code provides that the number of jurors to be summoned shall not be less
irregularity which was cured by Section 537 of the Code. The Code is a long list of imperative provisions, some of which have references ... nature of the procedure, and the details of that procedure are to be worked out with reference to Sections 277 to 279 ,
examination and
cross-examination of the witnesses is contained in
Criminal Procedure Code and Evidence Act . The above
procedure does not prescribe taking evidence ... inquiry, trial or other
proceeding under this Code. This section was inserted
by the Code of Criminal Procedure Amendment
JUDGMENT
Ghose, J.
1. This is a Reference under Section 307 , Criminal Procedure Code by the learned Additional Sessions Judge of Rungpur against the Jury ... were chosen by lot. It is contended that under Section 326 , Criminal Procedure Code, not lees than 18 Jurors should have been summoned. Section
Reference made by the learned Judge under Section 274 , Cr.P.C. as well as on appeals preferred by them.
2. The facts ... adequate examination of the accused under the mandatory provisions of Section 342 , Cr.P.C. The matter is one of considerable importance and is constantly
follow procedure under Section
126 - Recording of evidence : procedure to be adopted.
When Section 126(2) of the Code prescribes the
procedure to be followed ... cases. The procedure that is prescribed for recording of
evidence in summons case is found in Section 274 of the
Criminal Procedure Code. The said
followed the procedure which is not contemplated in the Code of Criminal Procedure , by conducting preliminary enquiry. It has also been observed that the evidence ... raised in this revision, perusal of Section 126 of the Code of Criminal Procedure would become essential. Section 126 of the Code provides thus
