Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character ... ordinary remedy of applying for bail under Section 437 or
Section 439 , Criminal Procedure Code, after he is arrested.
Shri V. M. Tarkunde, appearing
Accused’), and in exercise of its powers under
Section 482 of the Code of Criminal Procedure, has quashed the
proceedings against the accused ... appellate court while dealing with a
petition under Section 482 of the Criminal Procedure
Code. Subject to the above, the High Court will have
questions posed, it will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where ... Sessions Judge was entitled to issue
summons under Section 193 Code of Criminal Procedure upon the case
being committed to him by the Magistrate
from
correction even though they cause prejudice and do injury.
Criminal Trial- Criminal Procedure Code , 1973-sec. 223-
Whether an accused can demand ... referred to.
3.1 Section 407 of the Criminal Procedure Code was
subject to over-riding mandate
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... section 41 or section 42 officer
was also hit by section 25 of the Evidence Act. He added that the
special procedure in section
receipt of the notice.”
The provisions of Sections 177 to 179 of the Code of Criminal Procedure,
1973 (for short, ‘ CrPC ’) have also ... first class shall try any offence punishable under
section 138 .”
Code of Criminal Procedure , 1973
“177. Ordinary place of inquiry and trial.- Every offence shall
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... under Section 2(a)
of the Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against
that when an
offence described in Section 463 or punishable under Section 471 , Section
475 or Section 476 IPC is alleged to have been committed ... Criminal Procedure 1908 (for short 'old Code'). Sub-section (1) (c) of
Section 195 of Old Code read as under:
" Section
expressly
excludes. the provisions of the Code of Criminal Procedure
section 397(2) of the Code cannot be invoked because that
would frustrate the very ... inherent
power under section 482 of the 1973 Code corresponding
to section 561A of the Code of Criminal Procedure,
3898-herein after called
Constitution of India and Section 482 of the
Code of Criminal Procedure, 1973 (― CrPC ‖), the appellant sought three
substantive reliefs:
(i) A writ ... Article
226 of the Constitution of India read with section 482 of Code
of Criminal Procedure.‖
On the basis of the above foundation, the High
