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State 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 … High Court which heard the application was of the opinion that after the charge-sheet has been submitted under Section 170 Cr. P.C, the Magistrate has no jurisdiction to authorise the detention of an accused in custody under Section
Tag this Judgment! AI Brief & AskDr. Narendra Nath Vs. State and anr.
Delhi
Apr-04-2008
Criminal
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
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 … 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 … the officer in-charge of the police station and that opinion determines whether the report is to be under Section 170, being a 'charge-sheet', or under Section 169, 'a final report'. It is no doubt open to the Magistrate,
Tag this Judgment! AI Brief & AskShri R.N. Raje Vs. State of Maharashtra (at the Instance of the Anti-c ...
Mumbai
Aug-02-2000
Criminal
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
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 … 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 … the Officer in-charge of the police station and that opinion determines whether the report is to be under section 170, being a charge-sheet, or under section 169, a final report. It is no doubt open to the Magistrate,
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Har Prasad and anr. Vs. Ranveer Singh and anr.
Supreme Court of India
Feb-12-2008
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 169, 170, 173, 173(3), 190 and 190(1)
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 … 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 … reasonable ground to justify the forwarding of an accused to a Magistrate, such an officer is required, under Section 170, to forward the accused to a Magistrate or, if the offence is bailable, to take security from him
Tag this Judgment! AI Brief & AskCourt on Its Own Motion Vs. Central Bureau of Investigation
Delhi
Jan-28-2004
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 170, 173 and 173(2)
109(2003)DLT494
SHOs/Investigating Officers and to all the Judicial Officers of Delhi and to the Director, Central Bureau of Investigation. Criminal Procedure Code, 1973 - Sections 170 and 173-Investigation and charge-sheet--Question arises whether it is legally permissible for any criminal court … try the accused. Answer is emphatic 'NO' as Section 173 of the Code of Criminal Procedure does not permit the Criminal Court to adopt such … uniform policy or norm in arresting accused persons during investigations. The Court rejected CBI contention that provisions of Section 170, Cr.P.C, which requires the Investigating Officer to forward the accused under custody to a Magistrate, did not apply
Tag this Judgment! AI Brief & AskDinesh S/O Bhawarlal Sarda Vs. State of Maharashtra Through Ministry f ...
Mumbai
Sep-26-2008
Criminal
Essential Commodities Act, 1955 - Sections 3, 7, 10A and 10AA; Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 - Sections 2; Prevention of Corruption Act, 1947 - Sections 5, 5A and 5A(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 41, 102, 154, 154(1), 155, 155(2), 156, 156(1), 157(1), 170 to 173, 173(8), 190, 190(1), 193, 195 to 199, 465 and 482; Indian Penal Code (IPC) - Sections 161, 165 and 165A; Constitution of India - Articles 226 and 227
(2008)110BOMLR3188; 2009CriLJ1007
at the Bar.7. The term 'information' used in Sections 154, 155, 156 and 190(c) of the Code of Criminal Procedure (in short 'Cr.P.C.') read collectively, must disclose cognizable offence, to be recorded as First Information Report. It is … which reads as under:Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974) every offence punishable under this Act shall be cognizable.Thus, … cognizance upon submission of charge-sheet or final report as contemplated under Sections 170 to 173 of the Cr.P.C. The accused may also raise an objection … the basis of information disclosing a cognizable offence in compliance with the mandate of Section 154(1) of the Code, the concerned police officer cannot embark upon an enquiry as to whether the information laid by the informant
Tag this Judgment! AI Brief & AskHanumanthappa Vs. S.B. Mastamaradi
Karnataka
Jul-31-2003
Criminal
Karnataka Police Act, 1963 - Sections 170; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 197, 200 and 203; Constitution of India - Article 22(2)
2003CriLJ4359; ILR2004KAR152; 2003(5)KarLJ277
learned Magistrate is directed to dispose of the complaints in accordance with law, after hearing the revision petitioners. CRIMINAL PROCEDURE CODE, 1973 ( CENTRAL ACT NO. 2 OF 1974) - SECTION 197 -- KARNATAKA POLICE ACT, 1963 -- SECTION … complaints in accordance with law, after hearing the revision petitioners. CRIMINAL PROCEDURE CODE, 1973 ( CENTRAL ACT NO. 2 OF 1974) - SECTION 197 -- … have not obtained the prior sanction as per the provisions of Section 197 of the Cr. P.C. and Section 170 of the Karnataka Police Act to take cognizance of the case.2. Since the respondent in all these cases
Tag this Judgment! AI Brief & AskGangadhar Janardan Mhatre Vs. State of Maharashtra and ors.
Supreme Court of India
Sep-28-2004
Criminal
Constitution of India - Artilce 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 156, 169, 170, 173, 178, 190, 190(1), 200, 202 and 203
2004(2)ALD(Cri)935; 2004CriLJ4623; 114(2004)DLT193(SC); JT2004(8)SC208; 2004(8)SCALE329; (2004)7SCC768; 2005(1)LC32(SC); (2003) 7 SCC 768
appellant could not have approached the High Court by filing a Writ application.15. Appeal is dismissed. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 156, 169, 170, 173, 178, 190, 190(1), 200, 202 and 203 - Writ petition filed by … of several States containing the Rules and the Regulations to be a report by the police filed under Section 170 of the Code, described as a 'charge-sheet'. In case of reports sent under Section 169, i.e., where there
Tag this Judgment! AI Brief & AskT.T. Antony Vs. State of Kerala and ors.
Supreme Court of India
Jul-12-2001
Criminal
Indian Panel Code, 1860 - Sections 34, 76, 79, 120-B, 143, 147, 148, 149, 201, 301, 302 307, 320, 324, 332, 353, 406, 411, 420 and 427; P.D.P.P. Act - Sections 3(2); Explosive Substances Act, 1908 - Sections 3 and 5; Commission of Inquiry Act, 1952 - Sections 3(I); Code of Criminal Procedure (CrPC) , 1973 - Sections 129, 132(1 and 2), 151, 154, 154(1), 155, 155(2), 156, 156(1), 157, 157(1, 2 and 3), 162, 169, 170, 173, 173(2 and 8), 227 and 482; Constitution of India - Articles 19, 21, 226 and 227; Antiquities and Art Treasures Act, 1972 - Sections 25(1)
AIR2001SC2637; 2001(2)ALD(Cri)276; 2001CriLJ3329; 2001(3)Crimes276(SC); JT2001(5)SC440; 2001(4)SCALE348; (2001)6SCC181; [2001]3SCR942
filed by the State of Kerala are dismissed. Criminal - second FIR - Sections 132 and 170 of Criminal Procedure Code, 1973 - Executive Magistrate charged for opening fire at mob resulting in death of five persons and several … agitation. The said action of the Executive Magistrate, it was submitted, being protected under Section 132 of the Code of Criminal Procedure, could never be termed as an offence so implicating him as an accused was wholly
Tag this Judgment! AI Brief & AskVanniaraj Vs. the State Rep. by the Inspector of Police
Chennai
Mar-31-2009
Criminal
Arms Act - Sections 30; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 25, 36, 170, 173, 173(1), 173(2), 174(3), 175(5), 190, 190(1), 190(2), 239, 468, 468(1), 468(2) and 482; Indian Penal Code (IPC) - Sections 286, 304B, 338 and 498A
2009CriLJ3142
Matched in: Advocate M. Ajmalkhan, Adv. L. Murugan, Government Adv. (criminal side)
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