Section 385 in The Code of Criminal Procedure, 1973
385. Procedure for hearing appeals not dismissed summarily.
(1) If the Appellate Court does not dismiss ... instituted upon complaint, to the complainant; (iv) if the appeal is under Section 377 or Section 378, to the accused, and shall also furnish such
joint appeal viz., Crl.A.No.989 of 2008 was
Crl.R.P.No.85/2015 4
filed under Section 374(3) ... there is no
specific provision regulating the same in the Code of Criminal Procedure
Rule 98 of the Criminal Rules of Practice would throw light
Inherent powers under Section 561-A are only given to High Court and unlike Section 151 , C.P.C. subordinate Criminal Courts have no inherent ... constitutional validity of the provisions of the Code of Criminal Procedure , particularly Section 362 , Cr.P.C. which is basically against the rights
judgment or order of a criminal court except as provided for by this Code( Code of Criminal
Procedure ) or by any other ... Code
of Criminal Procedure lays down the procedure for hearing appeal, which has not been
dismissed summarily. Section 385 CrPC reads as under
respondent.
2. The present criminal misc. case has been preferred under Section 482 of the Code of Criminal Procedure (for short " ... this Court held that Section 369 read with Section 424 of the Code of Criminal Procedure specifically prohibits the altering or reviewing of its order
issued to all the respondents accused as required under Section 385 Code of Criminal Procedure on 13-5-1988. Even though the notices sent ... judgment as against him on the ground that Section 385 Code of Criminal Procedure has not been complied with.
6. The learned counsel appearing
view taken was that the provisions of section 423(1) of the criminal procedure code,1898(in short " the old code") made ... availability of papers like First Information Report, statements under Section 161 , Criminal Procedure Code etc, we do not consider it either just or expedient
Cr.P.C. According to the learned counsel, the Criminal Procedure Code does not lay down any procedure prescribing that two appeals pertaining ... contravention in question has caused prejudice to the accused.
(13) The Criminal Procedure Code does not lay down any procedure p73 prescribing that two appeals
under Sections 8(c)
r/w 21(C) and 25 of NDPS Act . Both the accused were questioned under
Section 313(1)(b) of ... filed
this appeal, could not be heard under Section 385 of Cr.P.C.
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https://www.mhc.tn.gov.in/judis ( Uploaded
provided under Sections 384 and 385 of
the Code of Criminal Procedure. Section 384 Cr.P.C. provides the
procedures for summary dismissal of appeal ... extracted
above, would not satisfy the requirement either under Section 384 or
under Section 385 of Cr.P.C. In the light of the discussion
