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All India Democratic Women's Association Vs. State and others

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 225, 301, 301(2), 302 and 401; Indian Penal Code (IPC), 1860 - Sections 376

Reported in : 1998CriLJ2629

Inspector of Police 1985 LW (C) 219 Justice Sengottuvelan, J. stated as follows :-'There is no provision in the Criminal Procedure Code to implead a third party in a prosecution case. Section 301, Cr.P.C. provides for instructing a pleader to … filed by a private party does not give rise to any serious difficulty. Under S. 439 of the Code of Criminal Procedure (Old Code) the High Court has got ample powers and as a notice has also … Vaigai relied upon the decision in Pratap v. State of U.P., : 1973CriLJ565 in support of her contention that a third party like the Petitioner-Association

K.V. Shiva Reddy Vs. State of Karnataka and ors.

Court : Karnataka

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Indian Penal Code (IPC), 1860 - Sections 120B, 143, 144, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 386; Constitution of India - Articles 14, 21 and 226

Reported in : 2005CriLJ3000; ILR2005KAR4780; 2005(4)KarLJ22

the records. Though under the provisions of the Code of Criminal Procedure, 1973 the Government has the power to appoint a Special Public Prosecutor in … status and position as well as great powers have been conferred on the office of Public Prosecutor. Under the Criminal Procedure Code, the Public Prosecutor has a special status and his is a statutory appointment. Under some of the provisions … fair manner, heedful of the rights granted to the accused under the laws of the country including the Code. The Prosecutor, while being fully aware of his duty to prosecute the case vigorously and conscientiously, must also … Pleader instructed by a private person under Section 301(2) of the Code. The office of the Public … trial in S.C. No. 239 of 2004 for the offences punishable under Sections 120-B, 143, 144, 147, 148 and 302 read with Section 3(2)(v) of

Asaram Dadarao Giram Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 301 and 302; Indian Penal Code (IPC), 1860 - Sections 302

Reported in : 1995(2)ALT(Cri)21; 1995(3)BomCR486; (1995)97BOMLR298

Cr.P.C.9. The application, therefore, fails. Rule is discharged. [A] Criminal Procedure Code, 1973 - Sections 301 & 302 read with Section 25 - Prosecution pleading … Inspector should be exercised by the Magistrate so as to see that a State case is properly conducted. Section 301 of the Code of Criminal Procedure, however, requires that the Public Prosecutor or Assistant Public Prosecutor in charge … respectively for impleading one S.J. Bhadiya as co-accused in the police case, under the provisions of section 319, Criminal Procedure Code. Those applications were granted on November 25, 1992.4. The case instituted on police report being Criminal Case No. … of 1988 for offences under sections 279 & 377 of Indian Penal Code. That crime was entrusted to police head constable B. No. 473 for

D. Gopalan Vs. B. Shanthi Alias Vennira Adai Nirmala and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269SS, 276DD, 279 and 279(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 301

Reported in : [1990]186ITR623(Mad)

of Income Tax Act, 1961 and Section 301 of Criminal Procedure Code, 1973 - petition under Section 482 to implead third party - no provision … Procedure Code to implead a third party in a prosecution case. In a prosecution initiated by the State, Section 301, Criminal Procedure Code, provides for any private person instructing a pleader and the pleader so instructed being bound … the offence being impleaded in bail and anticipatory bail petitions, had observed that there was no provision in the Criminal Procedure Code to implead a third party in a prosecution case. The close relations to the aggrieved party were entitled … Arunachalam, J.1. This petition under Section 482, Criminal Procedure Code, has been filed by the petitioner claiming himself to be the Secretary

Ramakrishna, Mandya Vs. the Secretary, Home Dept. Bangalore and Others

Court : Karnataka

Subject : Land Acquisition

Acts : Constitution Of India - Articles 226, 227, 72, 161, 142(1), 145, 367(1), 74, 20(1), 72/161, 21, 74(1), 14; Indian Penal Code (IPC) - Sections 448, 302, 143, 144, 148, 301, 57; Code of Criminal Procedure (CrPC) 1973 - Sections 235(1), 401(5), 402, 432, 433, 433A, 435, 401, 432(3); uttar pradesh Prisoners’ Release on Probation Act, 1938; General Clause Act, 1897 - Sections 3(8)(b), 3(60)(b), 14, 21

released the convicted person before the expiry of 14 years contrary to Section 433.A of the Code of Criminal Procedure, 1973, which is patently illegal, arbitrary, without jurisdiction and therefore is liable to be set aside.7. Per contra, … would be permissible. It is also highlighted that similar provisions are specifically provided in Sections 432 and 433 CrPC. Merely because Article 72 and Article 161 of the Constitution have not been so provided specifically that would … against accused-2 to 9 for offence under Section 143, 144, 148, 448, 301, 144 IPC. Therefore, accused No.1 alone was sentenced to undergo life imprisonment

Anthony D'Souza Vs. Radhabai Brij Ratan Mohatta (Mrs.) and Ors.

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 210, 301, 301(2), 302, 302(1) and 397(2)

Reported in : 1984(1)BomCR157

301 (2), 302, 302 (1) and 397 (2) of Criminal Procedure Code, 1973 - Magistrate ordered case arising out of police report and case arising … police were investigating the case an application was made on behalf of the accused under section 210 of the Criminal Procedure Code, informing the Magistrate that the investigation is in progress in regard to the same incident which is under … was contended by the learned Counsel for the petitioner that permission to conduct the prosecution as provided under section 301(2) of the Criminal Procedure Code is so comprehensive that the pleader concerned who is permitted under that section, … under section 506(2) and abuses under section 504 of the Indian Penal Code read with section 114. A similar complaint by another person is also

Sheikh Madinabibi Mustafabhai Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 165, 173(2), 225, 239, 294, 301, 301(1), 301(2), 311, 313, 316, 319, 320, 391, 397, 397(1), 397(2), 399, 401, 435, 439(4), 439 1(4) and 482; Bombay Police Act - Sections 135; Indian Penal Code (IPC) - Sections 120(B), 143, 147, 148, 149, 153(A), 201, 376, 392, 397 and 436; Code of Civil Procedure (CPC) - Sections 109 and 540 - Order 41, Rule 23; Evidence Act, 1872 - Sections 138 and 165; Gujarat High Court Rules, 1993; Constitution of India - Articles 226 and 227

Reported in : (2005)2GLR1339

as prayed for is granted. Criminal - recalling of witnesses - Sections 301, 311, 397 and 482 of Criminal Procedure Code, 1973 - Order rejecting application to recall witnesses under challenge - though application to recall witnesses moved by … for is granted. Criminal - recalling of witnesses - Sections 301, 311, 397 and 482 of Criminal Procedure Code, 1973 - Order rejecting application to recall witnesses under challenge - though application to recall witnesses moved by … stay as prayed for is granted. Criminal - recalling of witnesses - Sections 301, 311, 397 and 482 of Criminal Procedure Code, 1973 - Order

indu Bala and ors. Vs. Delhi Administration

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 301

Reported in : ILR1990Delhi84

for arguments on merits on January 16, 1990. Code of Criminal Procedure, 1973 - Section 301, scope and effect of, considered--whether complainant has (sic).a right … party could pray for being imp leaded in title proceedings before the criminal court. By making reference to Section 301 of the Code of Criminal Procedure, the Court found that the same enables the private parties to assist … in a police case a complainant party can be given hearing. The various provisions in the Code of the Criminal Procedure, particularly Sections 417, 422. 493 & 494 bring out the importance of functions and duties of a Public … J. (1) In these two petitions filed under Section 438 of the Code of Criminal Procedure, the petitioners have sought anticipatory bail in respect of

R.V. BhasIn Vs. State of Maharashtra and Marine Drive Police Station

Court : Mumbai

Subject : Criminal

Acts : Press and Registration of Books Act, 1867; Bombay Police Act - Sections 59; Criminal Law Amendment Act, 1961 - Sections 2 and 4(1); Indian Penal Code (IPC) - Sections 34, 124A, 153, 153A, 153B, 292, 293, 295A, 301 and 505; Code of Criminal Procedure (CrPC) , 1973 - Sections 95, 95(1), 96, 96(4), 99A, 99C, 144, 468 and 473; Code of Criminal Procedure (CrPC) , 1898 - Sections 99A and 99D; Constitution of India - Articles 19, 19(1), 19(2) and 226

Reported in : 2010(112)BomLR154

and expression - Article 19(1)(a) and Article 19(2) of Constitution of India and Section 95 of Code of Criminal Procedure Code, 1973 - Applicant contended that the notification under Section 95 of the Code banning impugned book is violative … exercise of powers conferred by Sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973 ('the Code') the Government of Maharashtra issued a … consented to it. The High Court rejected the prayer. After considering the relevant provisions of the Code, particularly Section 301 thereof, the Supreme Court endorsed the High Court's view after observing that the prosecution in a Sessions Case

Sardela Damodar Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 306 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 439 and 301(2)

Reported in : 1996(2)ALD859; 1998CriLJ277; II(1997)DMC485

Code, 1860 and Sections 439 and 301 (2) of Criminal Procedure Code, 1973 - petition filed by brother of deceased for cancellation of bail - … has locus-standi. On the other hand, the learned Public Proseutor submits that a perusal of various provisions in the Criminal Procedure Code discloses that it is for the prosecution to take up the cause and the petitioner is not entitled … Proseutor submits that a perusal of various provisions in the Criminal Procedure Code discloses that it is for the prosecution to take up the cause … brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. Section 301 : Appearance by Public Prosecutors :- (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a