relevant portions of Section 399 read
as under:
" S.399 . Right to apply under Sections
397 and 398 .
(1) The following members ... shareholders supporting
the petition should be obtained in writing . Sub Section (3) of
Section 399 of the 1956 Act, however, contains no such
requirement
dated
18.12.2008, registered at Police Station Sarai Khawaja, under Sections
399 & 402 IPC and 25 of the Arms Act, 1959 (hereinafter referred ... report unde Section 173 Cr.P.C. was submitted. All the appellants were
charged for the offence under Sections 399 and 402 IPC. The first
punishable under Section 25 of Arms Act. However, the sentence awarded
by the trial court to the appellant under Section 399 IPC has been reduced ... under Section 25 of Arms Act. The
trial court held all the six accused were guilty of charge of offences
punishable under Sections 399
order under this section, provided such members have a right so to apply in virtue of section 399 .
(2) If, on any application under ... court under the relevant sections.
5. Bearing this background in mind the requirements of section 399(3) have to be considered. Under this provision
petition being moved under Section 397 and Section 398 . In my opinion, Mr. S. Sen's contention that Section 399 does not require that ... trouble, Parliament thus provided for a procedural facility in Sub-section (2) of Section 399 . The expression occurring in Section 399(3) is that
arrears of interim maintenance (awarded under Section 125 Cr.P.C.) before
the revisional remedy (under Section 399 read with Section ... appeal under Section 29 of the DV Act, against orders granting interim
maintenance under Section 125 Cr.P.C. and Section
capital of the Company" vide clause (a) of
sub-section (1) of Section 399 . Sub-section (3) of Section
399 says that among ... personally is a valid consent within the
meaning of sub-section (3) of Section 399 .
4.As soon as the application under Sections
part of the Legislature, in sub-Section (3) of Section 397 and also sub-Section (3) of Section 399 to declare repeatedly that even though ... they have done in sub-Section (3) of Section 397 and sub-Section (3) of Section 399 of the Code of Criminal Procedure. Mr. Chowdhury
charge under that section) have been acquitted under Section 102 , as the charges under the two sections contained, having regard to their form, the same ... offence under Section 402 , yet because he has, though mistakenly, acquitted the accused of the charge tinder Section 399 and though he has rightly held
under the new Code by virtue of provisions of sub-section (3) of Section 399, that order becomes final and that party whose revision ... provided in Section 399(1) of the Code. Sub-section (3) of Section 399 provides that the order of the Sessions Judge would be final
