power under Section 432 of the Code of Criminal
Procedure (for short ' CrPC '), without following due
procedure on the representation filed ... grant of such a relief, the procedure
contemplated under sub-section (4) of Section 432 of
CrPC is required to be followed
Code?
2.6. Whether the power under Section 432(1) can be exercised suo motu, if
yes, whether the procedure prescribed under Section 432 ... Governor of the
State and also as provided under Section 432 of the Criminal Procedure
Code”.
23. After so stating, the majority addressed
first respondent on 19.01.2004 sought premature release under
Section 432 of the Code of Criminal Procedure, 1973 ( CrPC ) on the ground
that ... Government to consider and grant remission under Sections 432
and 433 of the Code of Criminal Procedure even if such consideration was
earlier made
under section 113 of the Code of Civil Procedure, 1908;
(b) under section 307, section 374 or section 432 of the Code of Criminal
Procedure ... Section 5 of the Code of Criminal Procedure, 1973
to Section 433A, great emphasis was placed on the non obstante clause
contained in Section 433A
Code of
Criminal Procedure, which deals, inter alia, with remission of
sentence, Section 433 of the Code of Criminal Procedure, which
deals with commutation ... Section 433 of the Code of Criminal Procedure) is Section 433-
A of the Code of Criminal Procedure .
9. We, therefore, re-produce hereinbelow Section
Code of Criminal
Procedure , 1973 or any other law for the time being in force but subject to
the provisions of Section 33 , no sentence ... Prohibition contained in the section is referable to Sections
389, 432 and 433 of the Code. Section 432 of the Code provides that when
CRL) 236/2016 Page 9 of 16
same dealt with the power of the Government under
Section 432 Cr.P.C. to remit or suspend ... under Section 432 of the Code
of 1973. It follows rather as a necessary consequence that
such powers of the State Government under Section
Code?
2.6. Whether the power under Section 432(1) can
be exercised suo motu, if yes, whether the
procedure prescribed under Section 432 ... Governor of the State
and also as provided under Section 432 of the
Criminal Procedure Code”.
23. After so stating, the majority addressed
under section 113 of the Code of Civil Procedure,
1908;
(b) under section 307, section 374 or section 432 of
the Code of Criminal Procedure ... Section 5 of the Code of Criminal Procedure, 1973 to
Section 433A, great emphasis was placed on the non obstante
clause contained in Section 433A
first respondent on 19.01.2004 sought premature
release under Section 432 of the Code of Criminal
Procedure, 1973 ( CrPC ) on the ground that ... Government
to consider and grant remission under Sections
432 and 433 of the Code of Criminal Procedure
even if such consideration was earlier made
