under Sections 374 / 378 of the CrPC or revision petition under Section 397 / 401 or criminal
petition under Section 482 of the CrPC ... Code of Criminal Procedure for
better appreciation of the issue -
Section 4 :- Trial of offences under the Indian Penal Code and
other laws
code is in other words an expansion of
Section 301 . Both the proviso under Section 24 (8)
and Section 301 Cr.P.C. will have ... while
introducing the proviso to section 24(8) . Hence
section 301 and provision under section 24(8)
Cr.P.C. are only complimentary to each
criminal proceedings.
16. Much reliance was placed on Section 24 Cr.P.C. Section 24 of the Code of Criminal Procedure ... Cr.P.C . analogous to Order 1 Rule 10 of the Civil Procedure Code. It further stated that a reading of the section shows that
Cr.P.C.,
and the person permitted to conduct the prosecution under Section 302
Cr.P.C., Any party invoking Section 302 ... criminal revision case is allowed and the
permission sought for to appoint the counsels to assist the prosecution is
granted under Section 301(2)
file Vakalatnama on behalf of complainant nor any
application under Section 301 of Cr.P.C. was filed. It appears
3 CONCRNo.05/2021
from ... hearing by which contemnor
Pankaj Mishra filed an application under Section 301 of Cr.P.C.
along with his Vakalatnama. Since no urgency was found
view that role of the
complainant is limited under Section 301 of Criminal
Procedure Code and he cannot be allowed to take over the
control ... Criminal Appeal before the Hon'ble Apex
Court. The Apex Court examined the scope of Sections 301
and 302 , of the Criminal Procedure Code
section (2) of Section 301 and Section 302 , held
as under:
"9. The scheme envisaged in the Code of
Criminal Procedure indicates that ... cautioned the learned Trial Magistrate
that an application filed under Section 301 of Cr.PC.,
cannot be allowed just for asking and the Magistrate
sufficient materials to constitute the alleged offences under
Sections 323 , 342 , 504 , 506 read with 34 IPC .
6. Sri H.C.Nataraj, learned Counsel ... present before the Court physically, though his role
under Section 301 Cr.PC is very limited to the extent of
assisting the learned HCGP, submits
registered by the Rajajinagar
P.S. for offences under Section 354 of the IPC besides
section ... through the prosecution. Hence,
prosecution has taken care even under Section 301
Cr.P.C. on behalf of the informant / complainant /
victim / dependant
Tejas, Advocate for defacto complainant)
This Criminal Petition is filed under Section 439
Cr.P.C., praying to enlarge the petitioner on bail ... made a report to the police has
made an application under Section 301 Cr.P.C.
seeking permission to assist the High Court
Government Pleader
