Section 439 in The Code of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court ... section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within
Section 82 in The Code of Criminal Procedure, 1973
82. Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking
LEAVE PETITION (CRL.) NO. 5921 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 7148 OF 2009
SPECIAL LEAVE PETITION (CRL.) NO. 6324 OF 2009
CRIMINAL APPEAL ... offence punishable under
Section 307 IPC is not a compoundable offence. Section 320 of
the Code of Criminal Procedure, 1973 expressly states that no
offence
sections 436 to 450
of chapter XXXIII of the Code of Criminal Procedure , 1973.
5
Section 436 deals with situation, in what kind of cases ... were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first time
bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
Ernakulam, whereby Criminal M.C. no. 3715
of 2010 filed under Section 482 of the Code of Criminal
1
Procedure, 1973, with a prayer ... court while dealing with a petition under Section 482
of the Criminal Procedure Code. Subject to the above, the High
Court will have to consider
Section 394 in The Code of Criminal Procedure, 1973
394. Abatement of appeals.
(1) Every appeal under Section 377 or Section 378 shall finally abate
criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
criminal appeal @ SLP(Crl.) No.
9860/2013 is concerned, original accused were facing the
criminal proceedings for the offences under Section 394 of the
IPC ... court while dealing with a petition
under Section 482 of the Criminal Procedure Code.
Subject to the above, the High Court will have to
consider
directly by way of a petition under Section 438 of the Criminal Procedure Code. The doubt itself was expressed in respect of contingencies ... seeking to guide the power conferred by Section 438 of the Criminal Procedure Code only in exceptional cases. The Constitution Bench held that where
