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Madhao and Another Vs. State of Maharashtra and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420, 419, 468, 34; Code of Code of Criminal Procedure (CrPC), 1973 - Section 156(3), 482, 190, 190(1)(a), Chapter 14(2), 14(1)

by order dated 27.09.2005, directed the Police to investigate the matter under Section 156(3) of the Code of Criminal Procedure Code, 1973 (in short the “Code”) and to submit a detailed report within one month.(i) On 15.09.2006, the appellants … officials of Ghatanji P.S. registered offences punishable under Sections 420, 419, 468 and 34 of the Indian Penal Code, 1860 (for short ‘IPC’) for the acts of fraud, criminal breach of trust and impersonation against the said … to investigate the matter and submit a detailed report within one month.10) Chapter XIV of the Code speaks about conditions requisite for initiation of proceedings. … to revert back to the pre-cognizance stage and avail of Section 156(3). 14) Where a Magistrate chooses to take cognizance he can adopt any of

Ab (Name Withheld), Vs. State of Orissa and ors.

Court : Orissa

Subject : Criminal

Acts : Evidence Act - Sections 10; ;Prevention of Corruption Act, 1947 - Sections 7A; ;Prevention of Corruption Act, 1988 - Sections 22; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 173(8), 190, 190(1), 319 and 319(1); ;Indian Penal Code (IPC) - Sections 120B, 292, 342, 354, 363, 376 and 511; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 173(1); ;Constitution of India - Article 226

Reported in : 2005(I)OLR295

exercise of powers under Section 190 of the Code of Criminal Procedure, 1973. In support of this submission, Mr. Padhi cited the decisions of the … were running away from the scene. The police after investigation submitted a final report under Section 173(1) of the Criminal Procedure Code, 1898 to the effect that the offence complained of was false. Dinesh Mishra filed a protest petition challenging … be taken, the same can be done before the concerned Court in terms of Section 173 of the Code of Criminal Procedure.3. The petitioner in O.J.C. No. 13305 of 1999 Sri Prasanta Kumar Das then filed Misc. … police, when they have submitted a final report. The entire scheme of Chapter XIV clearly indicates that the formation of the opinion, as to whether … a final report. The entire scheme of Chapter XIV clearly indicates that the formation of the opinion,

In Re: the Special Courts Bill, 1978 Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … judiciary at the Union and State levels. Article 124, which occurs in Chapter IV of the Constitution called 'The Union Judiciary', provides for the establishment … the President of India made a reference to this Court under Article 143(1) of the Constitution for consideration of the question whether the 'Special Courts

State Through C.B.i. Vs. Dawood Ibrahim Kaskar and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 8(3) and 20; Arms Act, 1959; Explosives Substances Act, 1908; Delhi Special Police Establishment Act, 1946 - Sections 5; Code of Criminal Procedure (CrPC) , 1974 - Sections 57, 70 to 81, 82, 83, 90, 153(1), 155, 156, 157, 167, 173, 204, 309(2) and 439;

Reported in : AIR1997SC2494; 1997(2)ALD(Cri)163; 1997(1)ALT(Cri)826; 1997(2)BLJR1296; 1997CriLJ2989; 1997(2)Crimes92(SC); JT1997(5)SC651; 1997(2)KLT255(SC); RLW1997(2)SC320; 1997(4)SCALE

and Mr. Sibal in deciding the issues involved in these appeals. Criminal - warrant - Section 73 of Criminal Procedure Code, 1973 - Section 73 is of general application - in course of investigation Court can issue warrant in … appeals is when and under what circumstances a Court can invoke the provisions of Section 73 of the CrPC, 1973 ('Code' for short). The question arises in this way.2. On March 12, 1993 a series of bomb explosions … of an offence is taken.(emphasis supplied)8. In view of the provisions of Chapter XII and those of Section 309(2) of the Code we are constrained … same under the new Code and after analysing the provisions of Chapter XIV of that Code (which corresponds to Chapter XII of the Code) stated

Har Prasad and anr. Vs. Ranveer Singh and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 169, 170, 173, 173(3), 190 and 190(1)

Reported in : AIR2008SC1265; 2008CriLJ1655; JT2008(2)SC261; RLW2008(3)SC2705; 2008(2)SCALE391; (2008)11SCC431; 2008AIRSCW1282; 2008(2)Supreme216; 2008(3)LH(SC)1788; 2008(4)KCCR2369

in fact passed on consideration of the report submitted in terms of Section 173 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'). 4. Learned Counsel for the appellants submitted that the High Court fell in grave … and was in fact passed on consideration of the report submitted in terms of Section 173 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'). 4. Learned Counsel for the appellants submitted that the High Court … It is now only necessary to refer to Section 190, occurring in Chapter XIV, relating to jurisdiction of Criminal courts in inquiries and trials. That … is now only necessary to refer to Section 190, occurring in Chapter XIV, relating to jurisdiction of Criminal courts in inquiries and trials. That section

State of Kerala Vs. Orison J Francis and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Drugs and Cosmetics Act, 1940 - Sections 3, 18, 21, 27, 33G and 33M; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1) and 482; Constitution of India - Article 226

Reported in : 2008(57)BLJR232; 2008(232)ELT11(SC); [2009(1)JCR183(SC)]; JT2008(12)SC101; (2009)2SCC160

of proceedings - Inherent powers of High Court - Section 482 of the Code of Criminal Procedure, 1973 (CrPC, 1973) - Sections 18(c) , 27(b)(ii) of the Drugs and Cosmetics Act, 1940 - Complaint filed alleging commission of … were arrayed as accused persons Nos. 1 to 3. A petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the `Code') was filed by the accused No. 1 and 3 who are respondents 1 … the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a … Section 3(a) whereas the 'Allopathy drugs' are defined under Section 3(b). Separate Chapter i.e. Chapter IVA deals with Ayurvedic drugs etc. while Chapter IV deals

Dr. Narendra Nath Vs. State and anr.

Court : Delhi

Subject : Criminal

Acts : Prevention of Public Property Act, 1984 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 169, 170, 173, 173(1), 190(1), 200, 202, 203, 204 and 482; Indian Penal Code (IPC) - Sections 34, 109, 114, 119, 120B, 147, 148, 149, 186, 323, 332, 352, 353, 355 and 427

Reported in : 2008(104)DRJ655

J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks to challenge an order dated 7th March, 2006 passed by … and proceed to record the statements upon oath of the complainant and the witnesses present under Section 200 Criminal Procedure Code and thereafter decide whether to dismiss the complaint or issue process. The mere fact that he had earlier … No. 2, the learned MM directed registration of the case and investigation by the police under Section 156(3) CrPC. The said direction was challenged by the State and that challenge was negatived in this Court as well … circumstances pointed out above. We have already referred to the scheme of Chapter xiv, as well as the observations of this Court in Rishbud and … was registered on 15th August, 2001 under Sections 147/148/149/186/332/353/427 IPC read with Section 3 of the Prevention

Alax Fernandes Vs. State and anr.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 137 and 138

Reported in : 1993(2)BomCR55; (1993)95BOMLR404

Counsel for the petitioner we may beneficially go through the provisions of sections 133, 137 and 138 of the Criminal Procedure Code. Section 133 which is introduced in Chapter X and under the head of 'Public Nuisances' provides for conditional … E.S. Da Silva, J.1. The present application under section 482 of the Code of Criminal Procedure is directed against the judgment of the learned Sessions Judge, Panaji, dated 14th July, 1992 … Indradeo Singh and others , Vicant J. Cardozo v. State and another, 1973 Cri.L.J. 976, Madan Mohan Chowlia v. Ashutosh Sasmal and others , Uma … is directed against the judgment of the learned Sessions Judge, Panaji, dated 14th July, 1992 in Criminal Revision Application No. 6 of 1992 which has

P. Shekar Vs. K.S. Muralidhar

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 427 and 448

Reported in : 2003CriLJ4258; ILR2003KAR3505

like legislature, enact a provision akin to or on the lines of Chapter XXXVI of the Code of Criminal Procedure, 1973.'14. Therefore, the impugned order is liable to be set aside. Hence, I pass the following order: The … may not, like legislature, enact a provision akin to or on the lines of Chapter XXXVI of the Code of Criminal Procedure, 1973.'14. Therefore, the impugned order is liable to be set aside. Hence, I pass the

Shri R.N. Raje Vs. State of Maharashtra (at the Instance of the Anti-c ...

Court : Mumbai

Subject : Criminal

Acts : Prevention of Corruption Act, 1988- Sections 7, 12 and 13(1),(2); Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 159, 168, 169, 170, 173, 190(1) and 482

Reported in : 2001BomCR(Cri)38; (2001)1BOMLR273; 2001(1)MhLj416

his rejection of the 'A' Summary report.11. Criminal Writ Petition No. 158 of 1995 is disposed of accordingly. Criminal Procedure Code, 1973 - Section 169 - Release of accused -Evidence insufficient - Final report of Police asking for a … by filing this Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedings in C.R. No. 300 of 1993. initiated by A.C.B., Solapur. … police, when they have submitted a final report. The entire scheme of Chapter XIV clearly indicates that the formation of the opinion, as to whether … when they have submitted a final report. The entire scheme of Chapter XIV clearly indicates that the formation of the opinion, as to whether or