Dr. Lalan Kumar vs Magadh University & Ors on 12 September, 2014
Author: Shivaji Pandey
been obtained by fraud
because the fact that Sections 82 and 83 Cr.P.C.
proceedings were initiated against the Petitioners were
suppressed by them ... should not be granted to the
Petitioners in view of Section 71 Cr.P.C. and the present
case does not come within the purview
Section 71 in The Code of Criminal Procedure, 1989 (1933 A. D.)
71. Procedure when service cannot be effected as before provided.
- If service
provisions of Section 73 , 82 and 83 of the Code
of Criminal Procedure. While the first provision prescribes against
whom and under what circumstances warrant ... remaining two prescribes the procedure for
proclamation and attachment. Which are quoted below, for better
application of the case.
Section 73 Cr.P.C. Warrants
completion of the investigations, the
report under Section 173 Criminal Procedure Code, 1973 (for short "the
Code") was filed on 21.06.2000. The learned
rules emerge
from the terms of Section 403 of the Code of
Criminal Procedure:
(1) An order of conviction or acquittal
in respect ... which he might have been convicted
under the Code of Criminal Procedure ."
(emphasis added)
23. This Court has time and again explained
the principle
IPC, the sentence to run
consecutively.
The reliance was placed by the learned trial
Judge upon Section Section 31 of the Code of Criminal
Procedure ... IPC deal with forgery as defined
in Sections 463 and 464 of IPC and therefore, Section
31 of Cr.PC and 71 of IPC would
RESPONDENT
(By Sri. B.J. Eswarappa, HCGP)
This criminal petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner ... approached this Court in Crl.P.
No.2681/2014 c/w. Crl.P. No.2544/2014 seeking their
release on bail and this Court considering
Ajmer whereby application of the petitioner under Section 70 (2) and 71 Cr.P.C. has been dismissed.
2. On 21.6.2013 application has been moved ... been allowed, he moved an application under Section 70 (2) and 71 Cr.P.C which has been dismissed. Hence this petition.
3. The contention
IPC was added
in the case. Age proof of the prosecutrix was obtained. Statement of the
prosecutrix was got recorded u/s 164 ... IPC was prepared against accused
Munna and was sent to the Court for trial.
2. Since the offence u/s 376 IPC is exclusively triable