appropriate government to remit the sentence
under Section 401 [now Section 432] of the Code of Criminal Procedure
on a consideration of the relevant factors ... that
orders of the appropriate Government under Section 401 of the Criminal
Procedure Code [now Section 432 of the
empowered under Section 432 of the Code of
Criminal Procedure6 to suspend or remit sentences. Sub-section (2) of Section
432 provides that the appropriate ... petitioner. The Court was
interpreting Section 401 of the Code of Criminal Procedure 1898, which
corresponds to Section 432 of the CrPC. Section
powers conferred by sub-
section (6) of section 401 of the Code of Criminal Procedure, 1898
( section 432 of the Code of Criminal Procedure ... section (6)
of Section 401 of the Code of Criminal Procedure, 1898 [equivalent
being Sub-section (5) of Section 432 of the Code of Criminal
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
restriction imposed by
Section 433A Criminal Procedure Code Section 433A Criminal
Procedure Code can restrict the power under Section 432 Criminal
Procedure Code or Section ... powers conferred by Sub-section
(1) of Section 432 read with Section 433 of the Code of Criminal Procedure
under Articles 72 and 161 of
the Constitution of India and Section 432 Cr.P.C. which is a statutory power
of remission held that ... exercise of statutory jurisdiction of grant of remission under
Section 432 Cr.P.C. Supreme Court further noted that though not an attempt
to belittle
Criminal Procedure Code. It may be stated here that this proviso to Section 113 , Civil Procedure Code and Sub- section 1 of Section 432 , Criminal ... under Section 432 , Criminal Procedure Code, is to seek to have that order reviewed. There is no provision in the Criminal Procedure Code which confers
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
mentioned decision, it was expressly declared:
“the power under section 432 of the Criminal Procedure Code
which corresponds to section 401 of the old Code ... exercise of powers conferred by sub-section (5) of
Section 432 of the Code of Criminal Procedure, 1973
(Central
request was not considered or granted by the State under
Section 432 of the CrPC, which was pending before the
authority though without ... passed and nowhere, it is stated that procedure under
Sections 431 and 432 of the CrPC is not required to be
followed
