Section 401 in The Code of Criminal Procedure, 1973
401. High Court's powers of revision.
(1) In the case of any proceeding the record ... powers conferred on a Court of Appeal by Sections 386, 389, 390 and 391 or on a Court of Session by Section 307 and, when
provisions of Law,
Section98(2) of Gujarat Prohibition Act , it will prevail over the
procedural law I.e. Criminal Procedure Code , Section451.
Therefore ... Constitution
of India and generally the Criminal Courts by virtue of Section 4 of the
Criminal Procedure Code, should try the offence. Section
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
controlled by Section 147
and the scheme contemplated by Section 320 of the Code of
Criminal Procedure [Hereinafter ` CrPC '] will ... Stricto sensu, however,
the table appended to Section 320 of the Code of
Criminal Procedure is not attracted as the
provisions mentioned therein refer only
order from a Magistrate and without a warrant.
14. Section 41 of Code of Criminal Procedure reads as under :
"41. When police may arrest ... categories of persons specified in Section 109 or Section 110 .
15. Section 2(c) of the Code of Criminal Procedure defines the cognizable offence
Section 390 in The Code of Criminal Procedure, 1973
390. Arrest of accused in appeal from acquittal.
- When an appeal is presented under Section
call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code , 1952: Sections 9(6) , 164 , 194 ,
327 , 354(3) --`Place ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
offences punishable
under Sections 307 , 504 , 506 of the Indian Penal Code
(for short, ‘the IPC ’) and Section 3(10)(15) of the
Scheduled Castes ... quashed the criminal
proceedings is deprecated. When serious allegations for
the offences under Sections 307, 504, 506 of the IPC and
9
Section
dying declaration, recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding ... Sections 120B / 365 / 366 / 376(2)(g) / 377 / 201 / 395 / 397 / 412 IPC to run
concurrently and that the benefit under Section 428 CrPC
order of the Magistrate dismissing the
complaint under Section 203 of the Criminal Procedure Code, 1973 (for short
‘Code’).
3. It is not necessary ... revision petition directed against the order of
dismissal under Section 203 , Criminal Procedure Code and
ordering a further enquiry as a matter of discretion
