Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD
Indian Penal Code and the Code of Criminal
Procedure , 1898 and to provide for a more speedy trial of
certain offences. Sec ... under Sec. 161, Sec.
162, Sec. 163, Sec. 164, Sec. 165 or Sec. 165-A of the
Indian
reviewed was set
aside or not.
Code of Criminal Procedure , 1973, section 321- -Withdraw-
al from the Prosecution--Scope and construction of the
provisions ... under
sections 420 / 466 / 471 / 109 / 120-B of Indian Penal Code and
under Sections
Prosecutor" in
Section 2 of the Code of Criminal Procedure read with
Section 24 (8) of the Code and in the light ... cause of public
justice. [145 E-G]
2:2 The Indian Penal Code or the Code of Criminal
Procedure does not make any such
initiated without sanction under Section 6 of the Prevention of Corruption Act or Section 197 of the CrPC, 1973. These safeguards cannot ... Magistrate for such withdrawal was within the terms of that section. Section 321 reads as follows:
321. Withdrawal from prosecution - The Public Prosecutor
registered under Sec. 307 , 447 read with Sec.
149 under Sec. 148 , 379 and 327 of the Indian Penal Code.
When ... Amongst others,
the offence registered was under Sec. 307 IPC i.e. attempt
to commit murder. The first information report thus
into varied approaches of crime prevention. Penal law in our country is codified in Indian Penal Code being the substantive law and Code ... exercised under Section 482 Cr.P.C.
8. Quashing of a complaint or criminal proceedings under Section 482 Cr.P.C. depends
arrested and commit him to custody’.
Similarly, sub-section (2) of Section 439 of Cr.P.C.
provides: ‘may direct that any person ... Jharkhand u/s
414 , 384 , 386 , 387 , 120B of the Indian Penal
Code, sections 25 (1-B)(a), 26, 35 of Arms
consent. [998 D-E]
6. It is true that the Indian Penal Code and the Code
of Criminal Procedure do not recognise offences ... others for alleged offences under Ss. 121-A
Indian Penal Code , 120-B Indian Penal Code read with
conferred by Section 307 of the Code. Unlike grant of pardon under Section 307 , withdrawal from prosecution under Section 321 is unconditional ... offences falling in Chapter VI of Indian Penal Code or alike offences the executive power of the Union of India extends, hence permission from
