first part of sub-section (3)
provides that except as provided in sub-
sections (1) and (2) of Section 8 the
provisions of the Code ... under Section 338 for purposes of applying Sections
339 and 339A. The whole of Section 338 is not applicable.
The power to order the committing
punishable under section 161 or section 165 or section 165A of the Indian Penal Code or Sub-section (2) of Section 5 of the Prevention ... section 435 of the Code of Criminal Procedure cannto be invoked in the case of an order made either under section 337 or section 338
trial for two offences one punishable under
section 279 IPC and the other under section 338 IPC (which
concerned more than one victim). Divik Kashyap ... trial for the offence under section 279 IPC as indeed in respect of
offence under section 338 IPC qua the other victim(s). The
proceedings
under Section 338 for purposes of applying Sections 339 and
339-A. The whole of Section 338 is not applicable. The power to
order ... considerations arise. It is not,
therefore, possible to read Section 540 with Sections 337 and
338 of the Code or with Section
cause hurt
or injury to any other person".
(b) Section 338 IPC provides punishment for causing grievous injuries to any
person by doing ... have not been satisfied,
and therefore, the offence u/s 279 IPC as well as section 338 IPC has not been
proved by the prosecution
provisions of Sec. 207 Cr.P.C., arguments on charge were
heard. Vide order dated 21.04.2010 charges were framed u/s. 279 / 338 IPC against ... requisite bail bond u/s 437A
State Vs. Sanjeev Arora
FIR No. 419/2008
PS. Model Town
U/s. 279/338
complainant/injured, this court
grants permission u/s 320 (5) CrPC for compounding of the offence u/s
338 IPC and the offence under Section ... against the appellant for commission of offence u/s 279 IPC mentioning
that the offence u/s 338 IPC has already been compounded and that
tile Criminal Procedure Code . Though section 337 is the
relevant section, nevertheless, it is necessary to refer to
section 338 also. These two sections occurring ... holding
that section 435 cannot be invoked in the case or an order
made either under section 337 or under section 338 is that
acts under Section 337, Cr. P. C., but where the Sessions Judge tenders this pardon, he functions under Section 338, Cri. P. C. These ... 338 in this sub-section. It was necessary to include this sub-section because the opening words of Section 338. 'At any time after
Court of Session. There is, therefore, nothing in this Section or in Section 338, which deprives the District Magistrate of his power to grant pardon ... present case is covered by the proviso to Section 337 and not by Section 338 of the Criminal Procedure Code.
In that case the Magistrate
