original criminal jurisdiction of the High Court at Calcutta. But reference to the High Court in Section 26 of the Code of Criminal Procedure ... exercise of this extraordinary criminal jurisdiction has also been provided for in Section 474 of the Code of Criminal Procedure 1973.
10. From the discussion
MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON BAIL ... JUDGE, (CCH-64) BENGALURU) FOR
THE OFFENCE PUNISHABLE UNDER SECTION 397 OF IPC .
2
THIS CRIMINAL PETITION COMING ON FOR FURTHER
HEARING THIS
that the expression
'period of detention' in Sec.428 Code of Criminal Procedure
included the detention under the Prevention Detention ... There was no provision corresponding to Section 428 of
the Code in the Code of Criminal Procedure , 1898 which was
repealed and replaced
evidence and these parades are essentially
governed by Section 162 of the Code of Criminal
Procedure. Failure to hold a test identification
parade would ... Criminal Law Journal 3833) in a case involving Section 395 of the Code of
Criminal Procedure, it was opined:
14
"I find merit
offence
under Section 397 of IPC. The sentences of Rigorous
Imprisonments imposed for the offences under Sections 395
and 397 of IPC shall run concurrently ... deposed that subsequently he altered Section of
law from 394 IPC to 395 IPC as per the oral directions of his
superior officers
Narsinghpur, in Criminal case No.2139/2007; whereby, in the
light of provisions of the Criminal Procedure Code (Madhya
Pradesh Amendment) Act, 2007, the application ... Criminal Procedure; whereon, a full bench of the High court
of Madhya Pradesh in Re: Amendment of First Schedule
of Criminal Procedure Code by Criminal
offence under Section 342 I.P.C. has no connection at all with the offence under Section 395 I.P.C. Section 258(2) ... conviction under Section 342 , I.P.C. The proper procedure for him would have been to follow the provisions of Section 35
Biswas next contended that the illegality was curable under Section 537 , Criminal Procedure Code.
4. I have heard the learned Advocates appearing on behalf ... conformance it is an illegality that is curable under Section 537 , Criminal Procedure Code on the ground that the procedure adopted by the Investigating Officer
accused persons during the course of hearing under Section 232 of the Code of Criminal Procedure. Thereafter, the trial was proceeded with only against ... stage of investigation and there is no provision in the Code of Criminal Procedure which obliges the investigating agency to hold a Test Identification Parade
Police
Station Rai, instituted police report under Section 173 of the Code of Criminal
Procedure (' Cr.P.C ' for short) before the learned ... under section 395
IPC readwih Section 397 IPC against the appellant and his accomplices and
in addition, charge under Section 412 IPC was also framed
