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Kammari Brahmaiah and ors. Vs. Public Prosecutor, High Court of A.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 225, 232, 233, 237, 238, 255(1), 271(1), 313, 464, 535 and 537; Indian Penal Code (IPC), 1860 - Sections 34, 114, 148, 149, 302 and 325

Reported in : AIR1999SC775; 1999(1)ALD(Cri)366; 1999(1)ALT(Cri)143; 1999CriLJ1134; JT1999(1)SC259; 1999(1)SCALE235; (1999)2SCC522; [1999]1SCR361

535 and 537 are combined as Section 464 in Criminal Procedure Code 1973) and observed that 'the Code is a code of procedure and, like … larger bench has elaborately discussed the provisions of Section 232, 233, 237 238, 535 & 537 of the Criminal Procedure Code 1898 (Section 232, 535 … under Section 302 read with 149,5. For deciding this contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of , or error in, charge - … read with 149,5. For deciding this contention, we would first refer to Section 464 of the Criminal Procedure Code which reads as under :Effect of omission to frame, or absence of , or error in, charge -

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187

not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … to 257 of 1898 Code which are in pari materia with Sections 238 to 250 of 1973 Code refers to what the Magistrate should do. … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to

State by Thilak Park Police Vs. Sujatha and ors.

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 238 to 250

Reported in : ILR1997KAR1693

and circulate it to all the Trial Courts.6. With the above observations, this appeal to stand disposed of. CRIMINAL PROCEDURE CODE 1973 (Central Act No. 2 of 1974) CHAPTER XIX - Sections 238 to 250 - Criminal Trial by … it to all the Trial Courts.6. With the above observations, this appeal to stand disposed of. CRIMINAL PROCEDURE CODE 1973 (Central Act No. 2 of 1974) CHAPTER XIX - Sections 238 to 250 - Criminal Trial by … PROCEDURE CODE 1973 (Central Act No. 2 of 1974) CHAPTER XIX - Sections 238 to 250 - Criminal Trial by Warrant Procedure. ;Criminal case under

Balkar Singh and ors. Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Reported in : 1998(3)WLC472; 1998(1)WLN450

Karanpur District Sri Ganganagar for information and necessary action Criminal Procedure Code, 1973 - Sections 238, 239 and 240(1) & (2)--Procedure for framing charge in … made by the learned Counsels for the petitioners and the facts of the case and the provisions of the Criminal Procedure Code, I am, of the opinion that the arguments submitted by the learned Counsels for the petitioners carry some … the facts of the case and the provisions of the Criminal Procedure Code, I am, of the opinion that the arguments submitted by the learned … Court and supply the copies there of to the accused petitioners as required by Section 207 read with Section 238 Cr. P.C. The learned Additional Chief Judicial Magistrate is further directed to consider the police report and the

Chote Lal JaIn Vs. the State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 302, 408, 420, 468, 471 and 477A; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 167(2), 173(1), 207, 209(2), 238, 309, 437(6), 468, 468(2) and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 342; Gold (Control) Act, 1968 - Sections 85; Customs Act, 1969 - Sections 111 and 135; General Financial and Account Rules; Constitution of India - Articles 21 and 32

Reported in : 1992CriLJ2620; 1991WLN(UC)415

court of the country has again reiterated as under (at page 723 (of Cri LJ)) :--The object of the Criminal Procedure Code in putting a bar of limitation on prosecutions was clearly to prevent the parties from filing cases after … this question it is necessary to refer some relevant provisions of the Code of Criminal Procedure and the important judicial pronouncements made on this point.9. … is cast on the Magistrate to see that the compliance is made. Similar provision has been made under Section 238 in a warrant case instituted on a police report wherein a duty is cast on the Magistrate to … were completed in the year 1971 while the measurements were made in 1973.(B) Delay in InvestigationThe case was registered at police station on 28-2-1973 and

Dineshbhai Dhemenrai Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio

Reported in : (2001)1GLR603

heart and main theme of this Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity of thejudgment and sentence order recorded … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … of witnesses on which the prosecution relies (Sees. 173(7), 207, 208 and 238 of Cr.P.C.);xiii. Right to have the benefit of the presumption of innocence

Ram Bhawan Vs. Union of India (Uoi)

Court : Rajasthan

Subject : Criminal

Acts : Delhi Police Establishment Act, 1946 - Sections 2(2), 3 and 5(2); Companies Act, 1956 - Sections 617; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 197, 238, 239 and 482; Indian Penal Code (IPC) - Sections 129B, 417, 420, 468 and 471; Instrumentation Employee's Discipline and Appeal Rules; CCS Rules, 1965; Constitution of India - Articles 12, 76(4) and 309

Reported in : 1998CriLJ3705; 1998(3)WLC250

Much before the learned Magistrate had proceeded as per provisions contained in Chapter XIX of the Code ot' Criminal Procedure 1973 (Cr.P.C.) and after having complied with the mandate contained in Section 238 he gave more than necessary … decade ago. Much before the learned Magistrate had proceeded as per provisions contained in Chapter XIX of the Code ot' Criminal Procedure 1973 (Cr.P.C.) and after having complied with the mandate contained in Section 238 he gave

Union of India and Others Vs. Major General Madan Lal Yadav (Retd.)

Court : Supreme Court of India

Subject : Criminal

Acts : Army Act, 1950 - Sections 2(1), 3, 101 and 123; Code of Criminal Procedure (CrPC) - Sections 190 and 209; Code of Criminal Procedure (CrPC) , 1973 - Sections 190 to 210, 225 to 235 and 238 to 250; Constitution of India - Article 32 and 33; Army Act (Amendment) Act, 1992; Army Rules, 1954 - Rules 22, 23, 24, 25, 26, 27, 28, 29, 30, 33, 34, 35, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67; Representation of the People Act, 1951 - Sections 81, 83, 86(4), 90 and 92; Indian Penal Code (IPC) - Sections 34 and 149; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR1996SC1340; 1996(1)ALD(Cri)270; 1996(3)SCALE72; (1996)4SCC127; [1996]3SCR785

of the trial of criminal case under the Code of Criminal Procedure, 1973, viz., Chapter XIV 'Conditions requisite for initiation of proceedings' containing Section 190 … the prescribed manner. For a judicial officer, the act of appointment gives power to try the offender under Criminal Procedure Code; warrant of appointment by the President of India and the oath taken as per the form prescribed in … manner. For a judicial officer, the act of appointment gives power to try the offender under Criminal Procedure Code; warrant of appointment by the President of India and the oath taken as per the form prescribed in … 209 and in Chapter XIX 'trial of warrant-case by Magistrates' containing Sections 238 to 250 etc. It is settled law that under the said Code

Shanthiniketan Housing Foundation (A) Registered Partnership Firm) Rep ...

Court : Karnataka

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 25, 27, 27A, 27(1), 27(2), 27(3), 29, 37(1), 40 and 40(1); Consumer Protection (Amendment) Act, 2002 - Sections 23; Constitution of India - Articles 20, 20(1) and 21; Contempt of Courts Act; Code of Civil Procedure (CPC) - Sections 51 - Order 21, Rule 37 - Order 39, Rule 2A; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 6, 173, 200(1), 200(2), 207, 227, 238 to 240, 242, 248, 251 to 258, 260, 262, 262(2), 263, 264, 265, 289, 325, 360 and 494; Code of Criminal Procedure (CrPC) , 1892 - Sections 349 and 562; Code of Criminal Procedure (CrPC) , 1872 - Sections 4; Code of Criminal Procedure (CrPC) , 1898 - Sections 4; Indian Penal Code

Reported in : ILR2009KAR2589; 2009(6)KarLJ205

by me).33. It is to be noticed here that the aforesaid judgment is rendered interpreting the provisions of the Criminal Procedure Code, 1898. However, a larger Bench of the Apex Court in the case of V.C. Shukla v. States Through … the same is in consonance with the provisions of the Civil Procedure Code/Criminal Procedure Code. However, all the technicalities/procedures of CPC or the Cr.PC are … 270(E), dt. 10-3-2003][(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), the District Forum or the State Commission or the National … without substance. Realising this difficulty, the learned Counsel for the appellant, put forward an alternative argument, viz., that Section 238 of the Code itself consists of two separate stages-one starting from Section 238 and ending up to Section

Lalu Prasad Alias Lalu Vs. the State of Bihar

Court : Patna

Subject : Criminal

and the President 'of the Rashtriya Janta Dal. In his application under Section 482 of the Code of Criminal Procedure. 1973 (hereinafter the 'Code') he has questioned the legality and correctness of the order dated 2.7.98 passed by … the Rashtriya Janta Dal. In his application under Section 482 of the Code of Criminal Procedure. 1973 (hereinafter the 'Code') he has questioned the legality … Vaidyanathan had also expressed almost a similar view in the matter and had referred to the provisions of Section 238 of the Code. Section 238 provides that when, in any warrant-case instituted on a police, report, the accused