should be treated as a petition under Section 457 , Cr.P.C. instead of one under Section 451 , Cr.P.C. Procedural ... under Section 457 , Cr.P.C. it would not prejudice either of the parties. Hence, the petition filed under Section 451 , Cr.P.C. before
such cases. Magistrate should pass appropriate orders as contemplated under Section 451 , Cr.P.C. , at the earliest.
For this purpose, if material on record ... Court may fallow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 , Cr.P.C. The bond and security
vehicle in exercise of powers under Section 451 of the Code of Criminal Procedure. Further, in Sarat Kumar Malu 's case ... been produced before the Magistrate- Therefore, even under Section 451 , Criminal Procedure Code, the Magistrate could not have directed release of the vehicle in question
cash in favour of petitioner No. 1 under Section 457 of the Code of Criminal Procedure.
5. In support of his contention, learned counsel ... Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C. The bond and security
impugned order dated 20.9.2005.
6. The relevant Sections 451 & 457 of the Code of Criminal Procedure, referred to by the learned. Counsel, which deal ... Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 , Cr.P.C. The bond and security
Page 15 of 29
Section 452, and Section 457. Section 459 is ancillary (perishables)
but completes the picture.
15. Section 451 Cr.P.C. empowers ... Section
50(2) , cannot be construed to mean a bar on the powers
of the Magistrate under Section 451 of the Code of
Criminal Procedure
relevant provision under section 60 of
the N.D.P.S. Act and provisions under sections 451 and 457 of
the ... taking resort to Section 451 or
Section 457 of the Code.
5
5. Chapter-V of the Act provides for procedures
relating to power
appropriate cases, in exercise of power
under Sections 451 and 457 of Cr.P.C is not ousted
under ... jurisdiction of the Court to
exercise the power under Sections 451 and 457 of Cr.P.C.
in respect of those articles mentioned
provision like Sections 451 and 452
of Cr.P.C. Section 451 of Cr.P.C. confers wide powers on the trial
court to pass ... property pending trial. A close scrutiny of the provision contained
under Section 451 of Cr.P.C. would clearly reveal that the trial
court
looked into. The Apex Court while considering the Sections 451 and 457 of the Criminal Procedure Code has given guidelines to be followed ... concerned Magistrate would take immediate action for seeing that powers under Section 451 Cr.P.C. are properly and promptly exercised and articles
