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May 24 1995

Rajendra Singh Sethia Vs. State

Court : Delhi

Decided on : May-24-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 228; Indian Penal Code (IPC), 1860 - Sections 224

Reported in : 1995IIIAD(Delhi)162; 1995(34)DRJ137; 1995RLR448

stage of Section 227 or 228 of the Code of Criminal Procedure, 1973. At this stage, even a very strong suspicion founded upon materials before … of the Indian Penal Code and thus framed the charges under the said sections. (9) Chapter xviii of the Criminal Procedure Code . deals with the trial before a Court of Session. Section 228 of the said Chapter deals with … and other co-accused persons under Sections 224/223/129/328; 328 read with Sections 109 and 120B of the Indian Penal Code; and the order dated January 20,1994 where through the learned additional Sessions Judge framed charges against the petitioner

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May 01 2008

Kamlesh Babulal Aggarwal Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : May-01-2008

Subject : Criminal

Acts : Extradition Act, 1962 - Sections 5, 7, 7(3), 7(4), 8, 10 and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 228

Reported in : 2008(104)DRJ78

7 of the Act is akin to framing of the charge under Section 228 of the Code of Criminal Procedure, 1973. At the stage of the framing of charge even a strong suspicion founded upon material and presumptive … 29, we feel that the ambit of inquiry under Section 7 is in fact narrower than Section 228 CrPC and is limited to find that the fugitive is not being targeted for extraneous reasons.17. This, according to

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May 14 2001

Vishwant Kumar and anr. Vs. the State

Court : Delhi

Decided on : May-14-2001

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 228, 319 and 482; Indian Penal Code (IPC), 1860 - Sections 147, 148, 149 and 323

Reported in : 2001IVAD(Delhi)1089; 94(2001)DLT252; 2001(59)DRJ499

trial court would be well within its jurisdiction to summon them.9. With these observations, petition stands disposed of. Criminal Procedure Code, 1973 - Section 228--Framing of charge--Offence under Section 397/401--Robbery and Dacoity--Summoning of--Without recording evidence--Challenged under Section 482 Cr.P.C.--Sought … ORDERS.K. Agarwal, J.1. This revision petition under Sections 397/401 read with Section 482 Code of Criminal Procedure, 1973 (for short Cr. Pc) is directed against the order summoning dated 22nd November, 1994

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Jan 28 2003

Siyaka Marong Abdoulaya Vs. Mr. J.L. Pandey, Inspector of Customs (P) ...

Court : Mumbai

Decided on : Jan-28-2003

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 29 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Customs Act, 1962 - Sections 108 and 135; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Sections 132; Evidence Act - Sections 32

Reported in : 2003(2)ALD(Cri)108; 2003BomCR(Cri)1826

passport and vaccination certificate. 7. The present appellant when examined in view of provisions of Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code' for convenience) claiming to be innocent, stated that he was not … when examined in view of provisions of Section 313 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code' for convenience) claiming to be … may direct, and failure to do so would invite a prosecution for offences indicated by Sections 193 and Section 228 of Indian Penal Code (45 of 1860). They are entitled to get the benefit of exemption under Section

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Nov 01 1991

Gulabchand Kisanlal Chandak and ors. Vs. State of Maharashtra

Court : Mumbai

Decided on : Nov-01-1991

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 227 and 228; Evidence Act, 1872 - Sections 8

Reported in : 1991(4)BomCR536

set aside. Bail bonds stands cancelled. Criminal - evidence - Sections 227 and 228 of Criminal Procedure Code, 1973, Section 8 of Evidence Act, 1872 and Sections 120 B, 201, 202 and 302 of Indian Penal Code, 1860 … case and they may be referred to here. Referring to the provisions of sections 227 and 228 of Criminal Procedure Code, it was observed in that Judgment as follows : (at pp 1607, 1608 of Cri L.J.)'Reading the two … Nagpur rejecting the application of the applicants/accused under section 227 of the Code of Criminal Procedure.2. The facts giving rise to the prosecution of the

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Aug 02 1977

State of Bihar Vs. Ramesh Singh

Court : Supreme Court of India

Decided on : Aug-02-1977

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 202, 203, 209, 226, 227 and 228; Indian Penal Code (IPC) - Sections 201 and 302

Reported in : AIR1977SC2018; 1977CriLJ1606; (1977)4SCC39; [1978]1SCR257; 1977(9)LC788(SC); 1977 Cri LJ 1608; AIR1977SC2013

with the law. Criminal - murder or suicide - Sections 202, 203, 209, 226, 227 and 228 of Criminal Procedure Code, 1973 and Sections 201 and 302 of Indian Penal Code, 1860 - appeal against discharge of respondent under … the prosecution in that behalf. The Judge has to pass thereafter an order either under Section 227 or Section 228 of the Code. If 'the Judge consider that there is not sufficient ground for proceeding against the accused, … of Sessions for trial of the respondent under Section 209 of the CrPC, 1973-hereinafter called the Code.2. When the case was opened in the Court

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Nov 29 2004

State of Orissa Vs. Debendra Nath Padhi

Court : Supreme Court of India

Decided on : Nov-29-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 173, 207, 207(1), 207(4), 207(5), 207(6), 207(7), 207(11), 207(14), 207A, 209, 227, 228, 228(1), 239, 240; Constitution of India - Article 14, 21 and 226; Income Tax Act; Indian Penal Code (IPC) - Sections 302

Reported in : AIR2005SC359; 99(2005)CLT348(SC); 2005(1)CTC134; JT2004(10)SC303; 2005(1)KLT80(SC); 2005(I)OLR(SC)357; RLW2005(3)SC414; 2004(10)SCALE50; (2005)1SCC568; MANU/SC/1010/2004

trial in these cases shall also be concluded expeditiously. All the appeals are disposed of accordingly. Criminal - Criminal Procedure Code (Cr PC), 1973 - Section 91, 173, 207, 207(1), 207(4), 207(5), 207(6), 207(7), 207(11), 207(14), 207A, 209, 227, … case reads as under:-'If charges are framed in accordance with Section 240 CrPC on a finding that a prima case has been made out - … accused shall be discharged. If not discharged, the charge against the accused is required to be framed under Section 228. These two sections read as under:'Section 227 of Cr.PC.Discharge-- If, upon consideration of the record of the case

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Feb 08 2008

Raghunath Anant Govilkar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Feb-08-2008

Subject : Criminal

Acts : Prevention of Corruption Act - Sections 5(2) and 6(1); Maharashtra Civil Services (Pension) Rules, 1982 - Rule 27; Indian Penal Code (IPC), 1986 - Sections 120B, 406, 409, 420, 465, 466, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 193, 196A, 197, 197(1), 197(2) and 228; Code of Criminal Procedure (CrPC) , 1898

Reported in : 2008(2)ALD(Cri)134; 2008(2)ALT(Cri)195; 2008(56)BLJR1000; 2008CriLJ2054; JT2008(2)SC374; 2008(2)SCALE303; (2008)11SCC289; 2008(1)LC285(SC); 2008AIRSCW1375; 2008(1)Crimes346; 2008(2)AICLR150; 2008(3)KCCR2031

1986 (in short 'IPC'). Before the Trial Court, the appellant filed an application for discharge in terms of Section 228 of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.') primarily on the ground that sanction was … not therefore every offence committed by a public servant that requires sanction for prosecution under Section 197(1) of the Criminal Procedure Code; nor even every act done by him while he is actually engaged in the performance of his official … Sections 420, 465, 466, 467, 468 and 471 of the Indian Penal Code, 1986 (in short 'IPC'). Before the Trial Court, the appellant filed an

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Apr 14 2003

Bipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Apr-14-2003

Subject : ConstitutionFood Adulteration

Acts : Gujarat Municipalities Act, 1963 - Sections 40, 40(1), 40(2) and 40(3); Indian Penal Code (IPC) - Sections 143, 147, 148, 149 and 307; Arms Act - Sections 25(C); Bombay Police Act - Sections 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 167, 170, 173, 190, 209, 228, 251, 254(1), 262, 319 and 319(1); Prevention of Corruption Act, 1947; Bombay Prohibition Act, 1949; Prevention of Food Adulteration Act, 1954 - Sections 16(1), 16A and 20A

Reported in : AIR2003SC2256; (2003)2GLR1577; JT2003(4)SC35; 2003(4)SCALE17; (2003)4SCC642; [2003]3SCR533; 2003(2)LC1116(SC)

Session, the trial thereof in contradiction to the term 'investigation' or 'inquiry' would commence from the stage of Section 228 of the Code of Criminal Procedure, 1973. An investigation and/or an inquiry, the learned senior counsel would contend, … that the provision is intended to cover detention in prison during trial under provisions of any law including the criminal procedure code. As rightly pointed out by the Division Bench of the High Court, the word 'trial' cannot be given … offences under Sections 307,143, 147, 148 and 149 of the Indian Penal Code read with Section 25(c) of theArms Act and under Section 135 of

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Aug 23 1979

Supdt. and Remembrancer of Legal Affairs, West Bengal Vs. Anil Kumar B ...

Court : Supreme Court of India

Decided on : Aug-23-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 227, 228 and 465; Arms Act, 1959 - Sections 5, 29 and 30

Reported in : AIR1980SC52; 1979CriLJ1390; (1979)4SCC274; [1980]1SCR323

to the merits of the case. Criminal - commission of offence - Sections 227, 228 and 465 of Criminal Procedure Code, 1973 and Sections 5, 29 and 30 of Arms Act, 1959 - whether giving of firearms by person … or otherwise, is not exactly to be applied at the stage of Section 227 or 228 of the CrPC, 1973. At this stage, even a very strong suspicion founded upon materials before the Magistrate, which leads him to

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