that offence under
section 92 of the Factories Act is different from offence under the
IPC and, therefore, provisions of section 300 ... operate under different field from provisions of
Penal Code.
17. Provisions of section 300 Cr.P.C are applicable when the
presiding officer
300 CrPC; Section 26 of
the General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads:
"300 ... under sub-section (1) of Section 221, or
for which he might have been convicted under
sub-section (2) thereof."
11. Section
under Section 247 Criminal Procedure Code, such an order will not fall within the explanation to Section 403 of the Criminal Procedure Code ... Criminal Procedure Code.
I may observe at this stage that there is no dispute that Section 256 of the Criminal Procedure Code corresponds to Section
compensation and further the goods being confiscated, which is contrary to Section 300 Cr.P.C. The learned Sessions Judge has obsevred that this procedure ... respondent has not been prosecuted before the Criminal Court for committing this offence to invoke Section 300 Cr.P.C.
What has happened is that
Naresh Kumar Arora And Another vs Ut, Chandigarh And Anr on 31 August, 2022
IN
SCOPE OF ARTICLES 20(2) OF THE CONSTITUTION OF INDIA AND SECTION 300
Cr.P.C.
It is not as if the petitioners are without ... India, but also to the protection of Section 26 of
the General Clauses Act and Section 300 Cr.P.C. including the defence of issue
acquittal in force within the meaning of Section 403 Cr.P.C. (new Section 300 Cr.P.C.). Such a trial does ... filed only under I.P.C . offences including Section 409 I.P.C. It is significant to say here that Section 409
section (5) of Section 300 of the Code. In any case, in my opinion, the order of stoppage of proceedings under Section ... Section 300(5) CrPC and Section 398 CrPC cannot be an inquiry under Section 319 Cr.P.C. Accordingly, a person
under Section 300, is not absolute and is
subject to the conditions specified in Sub-sections (2) to (5) of Section
300 CrPC ... enacted in Section 26 of the General
Clauses Act, 1897 and Section 300 of the Criminal Procedure Code,
1973. This was the inspiration and background
trial before the learned ACJM
amounts to double jeopardy and violated Section 300 of Cr.P.C. This
submission cannot be accepted. The trial conducted ... statutes without
violation of the provisions of Article 20(2) or Section 300
CrPC. This Court has decided the issue in various cases
