obstante clause in Section 11 .
23. In paragraph 34, Mukharji, J. stated that Sections 406 and 407 were
covered ... obstante clause in Section 7(1) . This would mean that
the High Court under Section 407 could not transfer a case to itself as
provided
obstante clause in Section 11 .
23. In paragraph 34, Mukharji, J. stated that Sections 406 and
407 were covered ... obstante clause in Section 7(1) .
This would mean that the High Court under Section 407 could not
transfer a case to itself as provided
suspicious, and therefore, he
may be punished under Section 114 IPC read with
Section 407 IPC. That, the judgment relied upon by
the petitioner ... which being a petition under Section 482 CrPC
filed for quashment of the complaint filed under
Section 407
Application Under Section 407 Read ... vs Sudipta Kumar Roy on 2 August, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
Sl. August ... matter of: An application under Section 407 read with Section
482 of the Code of Criminal Procedure;
And
In the matter of : Sudipta Kumar
Provided that nothing contained in this section shall affect the
powers of the High Court under section 407 of the Code of
Criminal Procedure ... Special Court and
that this was notwithstanding anything contained in Section 406
and Section 407 of the Code. This is what was said in this
liable to fine.
6.2 The said two Sections differ essentially on two aspects
enumerated below:
(i) Section 407 IPC relates to breach of trust inter ... fine.
6.3 The basic difference between the above said two Sections
is that Sec 407 inter-alia relates to warehouse keeper and
prescribes lesser punishment
maintenance case, which is filed under Section 125 Cr.P.C. has to be filed only under Section 407 of Cr.P.C. Section ... case filed by the respondent/wife under Section 125 Cr.P.C and not under Section 407 Cr.P.C. under Section
Provided that nothing contained in this section shall affect the powers of
the High Court under section 407 of the Code of Criminal Procedure ... Court and that this was notwithstanding anything
20
contained in Section 406 and Section 407 of the Code. This is what was
said in this
transfer cases.
Sections 409 , 410 and 411 significantly do not use these words.
(ii) The captions of Sections 406 , 407 and 408 speak of exercise ... wording of
the two sections are the same. In fact, Subsection (2) of Section 407
places an embargo on an application for transfer being
father of the victim, has filed this
petition under section 407 read with section 482 of the Code of
Criminal Procedure, 1973 (in short ... High Court to transfer cases and appeals is
given under Section 407 of the code. It would be profitable to
reproduce Section 407 herein
