Criminal Procedure Code cannot be exercised by the Government when the Court is seized of the matter under Section 389 of Criminal Procedure Code ... scheme of Sections 432 and 389 Criminal Procedure Code i.e. old Sections 401 and 426 Criminal Procedure Code.
2. The grant of parole does
powers
of the Court under Section 389 Cr.P.C and powers of the State under
Section 432 operate in their respective fields. He further ... exercised under Section 432(1) CrPC.
142 By following the said procedure prescribed under
Section 432(2) , the action of the appropriate Government
issued the 1997 Notification/Circular under Sub-section (i) of Section 432 of the Criminal Procedure Code. It is contended that under the said provision ... Government issued the impugned notification under Sub-section (i) of section 432 of the Criminal Procedure Code.
9. It must be borne in mind that
aforesaid G.R., as
also the requirement of Section 432(2) of the Code of Criminal
Procedure ( Cr.P.C .), an opinion was sought from ... Section 432(1) is not permissible and
exercise of power under Section 432(1) must be in accordance
with the procedure under Section 432
Therefore, in exercise
of power vested in it under section 432 of the
Criminal Procedure Code, 1973, the State
Government has decided to modify ... behalf a useful reference can be made to
section 432 of the Code of Criminal Procedure, 1973
( Cr.P.C .). That confers powers to suspend
frame charge under Section 376-E.
10. While pointing out absence of procedure, Dr. Chaudhary,
invited our attention to Section 219 of ... legislature amended the Code of
Criminal Procedure , by adding eight Sections therein and that suitable
amendments have been made to Sections
reference made by the Acting Third Presidency Magistrate under Section 432 , Criminal Procedure Code. The question of law referred for our decision is formulated ... learned Magistrate has found that no presumption under Section 7 of the Act can be made in this case. The prosecution has to prove
submitted a reference for consideration of Honourable High Court under Section 432 , Criminal Procedure Code... (Ch. 3/p. bk.)
3. By the same order ... found to be defective, inasmuch as provisions of Section 432(1) , Criminal Procedure Code were not complied with. The Reference was, therefore, rejected without expressing
embargo on the exercise of the powers under Sections 432 and 433 of the Criminal Procedure Code. Obviously the exercise of powers under Sections 432 ... before the stipulated term is by action under Sections 432 / 433 , Criminal Procedure Code, or Arts. 72/161 of the Constitution of India
required to be considered while
considering remission under Section 432(2) of the Code of Criminal
Procedure (for short " Cr.P.C .) have been ... remission. The purpose of the
procedural safeguard under Section 432(2) of the Code
of Criminal procedure would stand defeated if the
opinion
