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Union of India (Uoi) Vs. Thamisharasi and ors.
Supreme Court of India
May-01-1995
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2) and 437; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A, 36C, 37 and 51; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 20
1995(2)ALT(Cri)310; 1995(43)BLJR1073; 1996(54)ECC7; (1996)2GLR387; JT1995(4)SC253; 1995(3)SCALE72; (1995)4SCC190; [1995]3SCR905; 1995(2)LC422(SC)
CrPC, 1973 are as under:4. Trial of offence under the Indian Penal Code and other laws. - (1) All offences under the Indian Penal Code … question of law for decision is : whether the proviso to Sub-section (2) of Section 167 of the CrPC, 1973 can be invoked by an accused arrested for commission of an offence under the Narcotic Drugs and Psychotropic … force regulating the manner trying or otherwise dealing with such offences. 167. Procedure when investigation cannot be completed in twenty-four hours. - (1) Whenever any … beyond the period of 60 days even if the investigation may still be proceeding. In serious offences of criminal conspiracy - murders, dacoities, robberies by inter-state gangs or the like, it may not be possible for the
Tag this Judgment! AI Brief & AskState by Stamp Investigation Team Vs. Abdul Kareem Telgi @ Kareem Lala
Karnataka
Aug-04-2003
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167 and 167(3)
ILR2003KAR3702
(Prevention) Act, 1987 enlarges the period of 15 days referred to in Sub-section (2) of Section 167 of the criminal procedure Code, into 60 days - had not expired. The circumstances that the operation of the order was subsequently stayed … 15 days referred to in Section 167(2) of the Criminal Procedure Code, 1973 - which by virtue of Section 20 of the Terrorists and Disruptive … conversion of judicial custody into police custody by an order of the Magistrate under Section 167(2) of the Code for investigating another offence. Therefore, a re-arrest or second arrest in a different case is not necessarily beyond
Tag this Judgment! AI Brief & AskHussainara Khatoon and ors. Vs. Home Secretary, State of Bihar, Patna
Supreme Court of India
Feb-26-1979
Criminal
Indian Penal Code (IPC) - Sections 363, 368 and 395; Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2), 167(5), 468 and 468(2)
1979(0)BLJR600; (1980)1SCC93; [1979]3SCR393; 1979(11)LC775(SC)
and 395 of Indian Penal Code, 1860 and Sections 167 (2), 167 (5), 468 and 468 (2) of Criminal Procedure Code, 1973 - petitioners detained in judicial custody for more than two years - investigation not completed by police … there, are being produced periodically before the Magistrate as required by the proviso to Section 167(2) of the CrPC, 1973. We should like to know from the Government in a proper affidavit to be filed before us on
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mr. Uday Mohanlal Acharya Vs. State of Maharashtra, Through G.B.C.B.C. ...
Mumbai
Sep-04-2000
Criminal
Maharashtra Protection of Interest of Depositors (Financial Establishment) Act, 1999 - Sections 3, 4, 7, 8, 9. 10, 12, 13, 14, 16, 57 and 167(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 62, 127, 128, 129, 130, 173, 309, 436, 437, 439 and 450; Bombay Police Act, 1951 - Sections 96(1); Constitution of India - Article 254(1); Indian Penal Code (IPC), 1860 - Sections 6, 406 and 420; Narcotic Drugs and Psychotropic Substance Act, 1985; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 20(4);
2001CriLJ4563
person, shall follow the procedure prescribed in the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates.(2) The … the accused in custody for commission of an offence under Section 3. Section 13(2) expressly incorporates provisions of Criminal Procedure Code to the proceedings before Designated Court as far as may be applicable. The proviso to sub-section (2) of … for the offences under sections 406 and 420 of the Indian Penal Code read with section 3 of the Act of 1999. The Petitioner is … of Depositors (Financial Establishment) Act, 1999 (for short 'the Act of 1999') and applicability of the proviso to section 167(2) is involved, the matter needs to be heard by the Division Bench for laying down the law on
Tag this Judgment! AI Brief & AskNoormohd Vs. State
Delhi
Apr-26-1978
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2)
ILR1978Delhi442
The illegal detention by the police canot affect the power of the Magistrate to act under section 167, Criminal Procedure Code. Almost the same question arose in Saptawna v. The State of Assam, : 1971CriLJ679 , and the Supreme … the meaning and effect of proviso (a) to section 167(2) of the Code of Criminal Procedure 1973, and the matter is one of considerable importance. … seems to be wrong. Section 167(2) is a new head for granting bail invented by the legislature in 1973. Section 167(2) is an appendix to Ch. Xxxiii, so to speak. By the deeming fiction it is as if
Tag this Judgment! AI Brief & AskState of West Bengal Vs. Falguni Dutta and anr.
Supreme Court of India
May-05-1993
Criminal
Essential Commodities Act, 1955 - Sections 7(1), 12A, 12AA(1) and 12AC; Code of Criminal Procedure (CrPC) - +, 1973 - Sections 2, 167, 167(5), 173(2) and 262 to 265
1993(2)Crimes321(SC); JT1993(3)SC288; 1993(2)SCALE743; (1993)3SCC288; [1993]3SCR570
Criminal - cognizance - Sections 12A and 12AA of Essential Commodities Act, 1955 and Section 167 (5) of Criminal Procedure Code, 1973 - whether Special Court constituted under Section 12A empowered to exercise power under Section 167 (5) in … Act, 1955 (hereinafter called the Act') is empowered lo exercise powers under Sub-section (5) of Section 167 of CrPC, 1973 (the Code' for short) in relation to an accused person forwarded to it under Clause (b) of Sub-section
Tag this Judgment! AI Brief & AskKuldeepsingh S/O Kesharsingh Pabla and ors. Vs. the State of Maharasht ...
Mumbai
Jun-30-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 37
1994(3)BomCR643; (1993)95BOMLR714
matter of grant of bail on the ground that section 167 is a part of Chapter XII of Criminal Procedure Code, which deals with investigations. At any rate, the attempt to extend applicability of section 167(2) would nullify the … clause in clear term - 'Notwithstanding anything contained in section 439 Cr.P.C., 1973' is self explanatory. He, therefore, urged that this non-obstante clause does away … the very Act in the matter of investigation, arrest, bail, seizure and trials the same being a complete code by itself, section 167(2) does not apply to persons who have committed offences under N.D.P.S. Act. This decision
Tag this Judgment! AI Brief & AskRajendra S/O Suryabahan Salunke Vs. the State of Maharashtra
Mumbai
Nov-26-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2), 437(1), (2) and 439(1)
1994(3)BomCR181
bail under section 167(2) proviso (a)(ii) of the Code of Criminal Procedure, 1973. The learned Magistrate had received the charge-sheet on 25-6-1993 itself and, therefore, … whether the discretion exercised by the High Court in ordering cancellation of bail granted under section 167(2) of Criminal Procedure Code was legally sustainable. The Supreme Court took the view that the accused could not claim any special right … basis of a first information report dated 19-2-1993, an offence punishable under section 302 of the Indian Penal Code, came to be registered against the petitioner at Bembli Police Station at Crime No. 7/1953. The petitioner was
Tag this Judgment! AI Brief & AskState of Uttar Pradesh Vs. Lakshmi Brahman and anr.
Supreme Court of India
Mar-11-1983
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 57, 84, 116, 125, 137, 138, 145, 146, 159, 167, 167(1), 167(2), 170, 190, 190(1), 193, 202, 204, 207, 209, 227, 309, 309(2), 437, 437(1) and 439; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Indian Penal Code (IPC) - Sections 302
AIR1983SC439; 1983CriLJ839; 1983(1)Crimes797(SC); 1983(1)SCALE274; (1983)2SCC372; [1983]2SCR537
60 days as contemplated by Sub-section 2 of Section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an … other than the police custody? The High Court was of the opinion that since after the enactment of CrPC, 1973, the proceeding before the Magistrate under Chapter XVI of the Code would not be an enquiry within the
Tag this Judgment! AI Brief & AskUday Mohanlal Acharya Vs. State of Maharashtra
Supreme Court of India
Mar-29-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 154, 167(2), 173, 209, 309, 436, 437 and 439; Indian Penal Code (IPC), 1860 - Sections 406 and 420; Maharashtra Protection of Interest of Depositors Act, 1999 - Sections 3, 13 and 14; Constitution of India - Articles 21, 22(2) 32 and 226; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Terrorist and Disruptive Activities (Prevention) Act, 1985 - Sections 20(4); Narcotic Drugs and Psychotropic Substances Act, 1985; Prevention Detention Act, 1950
AIR2001SC1910; 2001(1)ALD(Cri)700; 2001ALLMR(Cri)713(SC); 2001(49)BLJR1330; 2001CriLJ1832; 2001(2)Crimes150(SC); (2001)2GLR1148; JT2001(4)SC262; 2001(3)SCALE29; (2001)5SCC4
got engrafted in Section 167 of the present Code (Criminal Procedure Code 1973). The Legislature, however, felt that a drastic change was called for to … there is no interdiction in the Maharashtra Act of 1999 against the applicability of Section 167(2) proviso of the Criminal Procedure Code and, therefore, an accused arrested for commission of an offence under Section 3 of the MPID Act is … availed of his indefeasible right for being released on bail under the Proviso to Section 167(2) of the Code of Criminal Procedure, if a challan is not filed within the period stipulated thereunder. In the case in
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