Pleader Mrs. Dangre has
invited our attention to provisions of Section 6 and
Section 407 of the 1948 Act, to urge that Mayor ... requirement of the subordination contemplated in
Sub-section (1) of Section 407 is applicable only to an
Officer, and it does not qualify the earlier
Annasaheb Gat and Anwar Ainuddin Herwade @ Shaikh for offences punishable under section 407 read with section 34 of the Indian Penal Code. The contention ... acquitted the accused under section 248(1) of the Code of Criminal Procedure, 1973, of the offence punishable under section 407 read with section
would contain.
20. Sub-section (3) of Section 12 amply clarifies that what is made
under sub-section (1) of section 12 is an application ... Court has the power to transfer under these provisions.
43. Section 24 and Section 407 are extracted for ready reference.
" Section
Respondent-State.
2. This is a Criminal Application filed under Section 407 (1)(c)
of the Code of Criminal Procedure, 1973 (" CrPC ... Relevant portion of Sub- Section 1 of
Page 11 of 15
6-APPLN-502-2022.DOC
Sonali
said Section 407 specifying the circumstances in which
28th FEBRUARY, 2022
ORDER :
1 Present application has been filed under Section 407 and 482 of
the Code of Criminal Procedure, 1973 for transfer ... aspect, which will have to be considered from the angle of Section 407 of the
Code of Criminal Procedure is regarding the convenience. Section 407
complainant, submit that the offences alleged against the
applicants are under Sections 407 and 420 read with Section 34 of the Indian
Penal Code. According ... contra, learned Additional Public Prosecutor submitted that
Section 407 is compoundable but Section 420 of the Indian Penal Code is
compoundable with permission
Judge, High Court and Supreme Court. Section 406 deals with the powers of the Supreme Court while section 407 deals with those of the High ... provisions contained in sub-clauses (3) to (7) and (9) of section 407 though made applicable to section 408, have no reference to section
illegal. Section 64-A is thus not resorted to and is not a remedy available to the petitioners.
12. As regards Section 407 , the Counsel ... this Court interpreted Section 451 of the Bombay Provincial Municipal Corporation Act, 1949, which is para materia with the present Section 407 of the City
Nayak .V. A. R. Antulay did not refer either to Section
406 or Section 407 of the Code. It is only made clear that ... application had been made to the High Court under Section 407 of the
Code, the High Court might have transferred the case to itself
Section 405 providing for application of the said part to sea-going
ships, fitted with mechanical means of propulsion. Section 405 to Section 407 ... clause 30 makes a reference to the provisions of Section 406 (3) and Section
407 (3) in relation to the Indian ships and Chartered ships
