section cannot apply because the Presidency
Magistrate was not trying the case under
Chapter XXI.”
11. This Court further had occasion to consider Section 495 ... above case complaint was filed
under Section 500 read with Section 34 IPC. A petition was
filed under Section 482 of the Code 1973 against
section cannot apply because the Presidency
Magistrate was not trying the case under
Chapter XXI.”
11. This Court further had occasion to consider Section 495 ... above case complaint was filed
under Section 500 read with Section 34 IPC. A petition was
filed under Section 482 of the Code 1973 against
above case complaint was filed under Section 500
read with section 34 IPC. A petition was filed under
section 482 of the Code 1973 against ... Section 302 of the Code. In that
case, it was laid down that upon the death of the
complainant, under the provisions of Section 495
witnesses by the police officer in direct contravention of Sub-section (4) of Section 495, Criminal P. C., is an illegality Which would vitiate ... Candy and Pulton JJ. following Clause (4) of Section 495, Criminal P. C. held that a police Inspector who had taken part in the investigation
above case complaint was filed
under Section 500 read with Section 34 IPC. A petition was filed under
Section 482 of the 1973 Code against ... Section 302 of the Code. In that
case, it was laid down that upon the death of the complainant, under the
provisions of Section 495
arguments learned Magistrate issued
process by order dated 15.9.1994. A petition under Section
482 of the Code of Criminal Procedure, 1973 (in short ... Maharashtra and
Anr. (AIR 1967 SC 983) with reference to Section 495 of the
Code of Criminal Procedure, 1898 (hereinafter referred
prosecute the appellants-accused for the
offences punishable under Sections 498A, 406 read with Section 34
of Indian Penal Code, 18601, was allowed ... system shall be shaken.
5) The present Section 302 of the Code is similar to Section 495 of the
Code of Criminal Procedure, 1898. Section
That word 'act' in the end of Section 493 , Criminal Procedure Code does not mean something other than examining or cross-examining witnesses ... this subject, it has expressly stated so. For instance in Section 495 (4), an officer who has taken part in an investigation is barred from
Maharashtra and Anr. (AIR 1967
SC 983) with reference to Section 495 of the Code
of Criminal Procedure, 1898 (hereinafter referred ... taking of cognizance under Section 198 of the
Code. Considering the scheme and Sections
198 and 495 of the Code, this Court held that
such
Convict vs The State Of Tripura on 1 September, 2021
Author: Arindam Lodh
Bench: Akil
