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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 … 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 … a case initiated upon police report (Section 251A) and trial of cases instituted otherwise than on police report (Section 252 to 257). If a special Judge is en-joined with a duty to try cases according to the procedure

Subramanium Sethuraman Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instrument Act - Sections 138; Code of Criminal Procedure (CrPC) , 1973 - Sections 204, 239, 252, 362 and 482; Constitution of India - Article 227

Reported in : 2005(1)ALD(Cri)124; IV(2004)BC598(SC); 2004CriLJ4609; 2004(4)CTC613; JT2004(8)SC220; 2005MPLJ260(SC); 2004(7)SCALE733; 2005(1)LC55(SC)

observations this appeal fails and the same is dismissed. Criminal - discharge - Sections 252 and 482 of Criminal Procedure Code, 1973 - appeal against Order allowing revision petition and setting aside Order of discharge made by Trial Court … following the procedure laid down in Chapter XV and XVI of the Code of Criminal Procedure, 1973, the trial court issued summons to the named … High Court was correct in coming to the conclusion once the plea of the accused is recorded under Section 252 of the Code the procedure contemplated under Chapter XX has to be followed which is to take the

Gujarat Pollution Control Board Vs. Nicosulf Industries and Export Pvt ...

Court : Supreme Court of India

Subject : Criminal

Acts : Water (Prevention and Control of Pollution) Act, 1974 - Sections 2, 11A, 21, 21(5), 24, 25, 43, 44, 47, 49 and 49(1); Water (Prevention and Control of Pollution) (Amendmend) Act, 1988 - Sections 49; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Constitution of India - Articles 249, 250, 252 and 252(1); Indian Penal Code

Reported in : (2009)1GLR889(SC); 2008(16)SCALE267; (2009)2SCC171

the person in charge of the unit. In the statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') A-3 has clearly admitted that the same is true. Reference is also made … 3 as the person in charge of the unit. In the statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') A-3 has clearly admitted that the same is true. Reference … It is submitted that the Act is an enactment pursuant to Article 252 of the Constitution of India, 1950 (in short the `Constitution'). The Act

State of Gujarat Vs. Krishna Engineering Works

Court : Gujarat

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 12 and 18; Gujarat Minimum Wages Rules, 1961; Code of Criminal Procedure (CrPC) , 1973 - Sections 252

Reported in : (1991)2GLR744; (1999)IIILLJ401Guj

Wages Act, 1948, Rules 22, 26A, 26B, 26D of Gujarat Minimum Wages Rules, 1961 and Section 252 of Criminal Procedure Code, 1973 - appeal for enhancement of sentences - accused convicted under Sections 18 and 22 and Rules 22, … 1948, Rules 22, 26A, 26B, 26D of Gujarat Minimum Wages Rules, 1961 and Section 252 of Criminal Procedure Code, 1973 - appeal for enhancement of sentences - accused convicted under Sections 18 and 22 and Rules 22,

Satya NaraIn Musadi and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 21 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 7, 11, 156(1), 161, 170, 173, 173(2), 173(2)(1), 173(3), 173(5), 179(2), 190, 190(1), 251A, 252 and 482; Essential Commodities Act, 1955 - Sections 10A and 11

Reported in : AIR1980SC506; 1980CriLJ227; (1980)3SCC152

2, 11, 21, 173, 190 and 420 of Indian Penal Code, 1860, Sections 156, 161, and 482 of Criminal Procedure Code, 1973 and Sections 10A and 11 of Essential Commodities Act, 1955 - whether in view of Section 11 … 21 of the Indian Penal Code.5. Section 10-A of the Act provides that notwithstanding anything contained in the CrPC, 1973, every offence punishable under the Act shall be cognizable which would imply that an officer in charge of … Section 190(1)(b) of the Code so as to require the Magistrate to proceed to try the offence under Section 252 or Section 251-A of the Code, as the case may be. If such police report would provide sufficient

State of Gujarat Vs. Natwar Harchandji Thakor

Court : Gujarat

Subject : CriminalFood Adulteration

Acts : Bombay Prohibition Act, 1949 - Sections 40, 41, 46, 46A, 65, 66, 66(1), 85, 85(1), 85(1)(1), 85(1)(3) and 85(3); Bombay Police Act - Sections 110, 117 and 135; Prevention of Corruption Act; Prevention of Food Adulteration Act, 1954 - Sections 16(1); Drugs and Cosmetics Act, 1940 - Sections 27; Employees' Provident Fund Act; Madras Prohibition Act - Sections 4(1); Evidence Act; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 240(2), 241, 248(2), 251, 252, 255(2), 262, 265A to 265K, 325, 354(3), 354(4), 360, 361, 465 and 537; Code of Criminal Procedure (CrPC) , 1898 - Sections 243; Code of Criminal Procedure (CrPC) , 1969; Constitution of India - Article 134(1)

Reported in : 2005CriLJ2957; (2005)1GLR709

each accused. Let us, also, remember and recall the provisions mandated in Sections 235(2), 248(2) and 255(2) of the Criminal Procedure Code, 1973, which were absent, hitherto, in 'Repealed Code' of 1898. They, indubitably, radiate an imprint of the said … provisions mandated in Sections 235(2), 248(2) and 255(2) of the Criminal Procedure Code, 1973, which were absent, hitherto, in 'Repealed Code' of 1898. They, indubitably, … or has any defence to make, but it shall not be necessary to frame a formal charge. Whereas, Section 252 provides for conviction of plea of guilty. If the accused pleads guilty the Magistrate is obliged to record

Asokan Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 32(3), 33, 137 and 138; Criminal Law (Amendment) Act, 1952; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 164, 200, 202, 202(2), 209, 244, 273, 306, 306(1), 306(2), 306(3), 306(4), 306(5), 307, 308, 308(2) and 465; Code of Criminal Procedure (CrPC) , 1898 - Sections 207, 207A, 208(2), 251A and 252 to 259

Reported in : 2005CriLJ3848; 2005(3)KLT770

otherwise than a police report is relevant. Section 244 of the Code of Criminal Procedure, 1973, corresponds to Section 252 of the Code of Criminal Procedure, 1898 with some changes. Section 251A of the old Code lays down … to re-examine those witnesses was also specifically provided. The Code of Criminal Procedure was amended in the year 1973. Section 209 of the Code of Criminal Procedure, 1973 deals with commitment of case to Court of Session when … the commission of the offence. In view of the provisions contained in Section 306(5) of the Code of Criminal Procedure, when a person becomes approver, the case is to be committed to the Court of Sessions for trial.26. … both sides and proceed to elucidate certain clear propositions under the new Code bearing upon the committal of cases where the offence is triable exclusively

S. Vivekanantham Vs. R. Viswanathan and ors.

Court : Chennai

Subject : Criminal

Reported in : 1977CriLJ425

question raised in this petition is, whether under Section 244, Criminal Procedure Code, 1973, a complainant in a private complaint can be permitted by a … hand. The issue in that case was whether after the introduction of new Section 204(1-A), other sections of the Criminal Procedure Code and in particular Section 256 have to be read along with Section 204(1-A). The learned single Judge of … list for examination of additional witnesses. In support of this argument, Mr. Arputharaj points out the difference between Section 252(2) Crl. P.C. 1898 and Section 244 of the present Code. He also places reliance on the report of

Anand Vithoba Lohkare and Others Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 243, 251, 252 and 537; Bombay Prevention of Gambling Act - Sections 4, 5 and 12;

Reported in : 2000(5)BomCR288; 2000BomCR(Cri)288; 1999CriLJ2857; 1999(2)MhLj435

the procedure under Section 251 and 252 of the Criminal Procedure Code, 1973 - It was held that even though the accused persons might have … it would not be open to any Court to disregard the specific provisions contained in section 243 of the Criminal Procedure Code and non-compliance of this provision would therefore, not be controlled by the provisions contemplated by section 537 of … has not taken into consideration the requirements of section 251 of the Code of Criminal Procedure. It is submitted that the trial Court did not … In the instant case, the Magistrate has obtained merely signatures of the applicants. As per the provisions of section 252 what is required is the separate recording of plea of the each of the accused persons. This is

P. Ugender Rao and ors. Vs. J. Sampoorna and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 203, 204, 220, 244, 245, 246, 252, 253(1) and 253(2) and 254

Reported in : 1990CriLJ762

validity of charges - Sections 203, 204, 220, 244, 245, 246, 252, 253 (1) and 253 (2) of Criminal Procedure Code, 1973 - petition under Section 482 to quash proceeding against petitioner-accused - petitioner alleged that complaint filed without … different heads, thereby denying them opportunity of being considered for discharge in terms of S. 245 of the Code of Criminal Procedure and therefore the charges are liable to be quashed. 3. To appreciate the above submission