meaning of Section 195 , Sub-section (3), Criminal P.C. so as to be competent to hear the appeal under Section 476 B, Criminal ... from Sub-section (7) of that section as it stood in the Act of 1898 : vide Sub-section (3) of Section 195 as it stands
JUSTICE S. MURALIDHAR
ORDER
12.11.2014
1. This is a petition under Section 407 read with Section 482 of the Code
of Criminal Procedure ... interest of justice for this Court to
exercise its powers under Section 407 Cr PC to transfer the cases.
Section 407
Punjab.
Rajesh Bhardwaj, J.
The present petition has been filed under Section 407(1)(c)(ii)
read with 482 Cr.P.C . praying for clubbing ... this Court
should exercise its inherent jurisdiction under Section 482 Cr.P.C. read with
Section 407 Cr.P.C. to meet the ends
committed by the detenu : Crime No.181/96 is registered under Sections 407 and 420 I.P.C. Crime No.11/97 is registered under ... XXII of Indian Penal Code . Only two Sections viz., Sections 407 and 420 IPC fall under the above Chapters. Therefore, the detention of the detenu
Government
Advocate-respondent No.2.
Law laid down Held:
1. Section 407 of Cr.P.C. is an assurance
of fair trial.
2. A litigant ... case, the High Court can invoke
its discretionary power under Section
407 of Cr.P.C. In the absence of an
allegation
2017.
They are heard.
ORDER
These four transfer applications under Section 407
of Criminal Procedure Code, 1973 have been filed by the
applicant ... fair trial is the main criteria for
exercise of power under Section 407 of the Code of
Criminal Procedure, 1973. Mere allegations like
substantial prejudice
framing charges Under Sections 468 / 477A , IPC against the accused- petitioner. However, he discharged him of the charges Under Sections 407 / 420 , IPC as there ... thereby attracting Section 465 , IPC in addition to Section 477A , IPC and accordingly he framed the charges afresh Under Sections 465 / 477A , IPC.
7. Learned
whereby and whereunder cognizance of the
offence punishable under Sections 407 , 420 , 468 of the Indian Penal
Code has been taken against the petitioners ... police
submitted charge sheet showing commission of the offence under
Sections 407 , 420 , 467 , 468 of the Indian Penal Code. Accordingly, the
court vide order
Valsad Rural
Police Station, Distrcit Valsad for the offences punishable under
Sections 407 , 465 , 471 , 120-B and 201 of the Indian Penal Code ... applicant could not said to have committed
the offence under section 407 of IPC. Mr. Thakkar submitted that
except offence under section 407
whereby and whereunder cognizance of the
offence punishable under Sections 407 , 420 , 468 of the Indian Penal
Code has been taken against the petitioners ... police
submitted charge sheet showing commission of the offence under
Sections 407 , 420 , 467 , 468 of the Indian Penal Code. Accordingly, the
court vide order
