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Vinod Vs. State of Haryana

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 359, 362 and 364A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313

Reported in : AIR2008SC1142; 105(2008)CLT559(SC); 2008CriLJ1811; JT2008(1)SC609; 2008(1)SCALE711; (2008)2SCC246

SI Krishan Pal (PW8) and Inspector Ravinder Kumar (PW9).9. When examination under Section 313 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') in order to explain the incriminating circumstances appearing in evidence against them, Vikas, Vishav … the appellant for offence punishable under Section 364A of the Indian Penal Code, 1860 (in short the 'IPC') as recorded by the learned Additional Sessions … imprisonment for life, and shall also be liable to fine.16. The Section refers to both 'Kidnapping' and 'Abduction'. Section 359 defines Kidnapping. As per the said provision there are two types of kidnapping i.e. (1) kidnapping from India;

K. Vijayan Vs. Central Bureau of Investigation

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 160, 161, 309, 357, 359 and 397; Prevention of Corruption Act, 1988 - Sections 8

Reported in : 94(2001)DLT831

a) The case focused on the matter to be considered for framing of charges under Sections 228&397 of the Criminal Procedure Code, 1973 - It was found that even a grave suspicion at the charge stage was enough to frame … focused on the matter to be considered for framing of charges under Sections 228&397 of the Criminal Procedure Code, 1973 - It was found that even a grave suspicion at the charge stage was enough to frame … S.K. Agarwal, J. 1.This revision petition under Section 397 Cr.P.C. is directed against the order dated 21.11.1998 passed by the … the accused for adjournment or postponement of the hearings. Sections 357 and 359 empower the Court to order payment of compensation for defraying the expenses

Ramakanta Panda and ors. Vs. Smt. Satyabhama Panda

Court : Orissa

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 354, 359, 360, 361, 362 and 365; Code of Criminal Procedure (CrPC) , 1973 - Sections 197

Reported in : 78(1994)CLT1018; 1995CriLJ2409

working as Sub-Inspector of Police, Banki Police Station, he was not given protection under Section 197, Code of Criminal Procedure, 1973 (in short, 'Cr. P.C.') as he had not committed the offences in course of his duty.3. Mr. … punishable under Sections 354/365 read with Section 34, of the Indian Penal Code, 1860 (in short, 'I.P.C.') by order dated 2-2-1994. Learned SDJM expressed a … the accused is to keep that person kidnapped or abducted in wrongful or secret confinement.'Kidnapping' is defined in Section 359, I.P.C. and is of two kinds. i.e.., kidnapping from India, and kidnapping from lawful guardianship. 'Abduction' is defined

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Subject : Constitution

Acts : Maintenance of Internal Security Act, 1971 - Sections 3, 3(1), 8, 16, 16A, 16A(9) and 18; Constitution of India - Articles 14, 19, 21, 22, 31, 31(1), 32, 133, 134, 136, 141, 226, 265, 352, 352(1) and (3), 358, 359, 359(1) and (1A) and 368; Evidence Act - Sections 123, 124 and 162; Indian Penal Code (IPC), 1860 - Sections 76, 79 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167, 419 and 419(1); Constitution of India (Thirty-eighth Amendment) Act; Presidential Order; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 80 - Order XXXV, Rule 12;Constitution of India (Thirty-ninth Amendment) Act

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

Law remedy by way of writ of Habeas Corpus exists, even after Section 491 was introduced in the Criminal Procedure Code in 1923, was negatived. The sweep of Article 359 (1) of the Constitution, taking in the jurisdiction of … those which could assist them. One main question considered in that case was whether Section 491(1)(b) of the CrPC could afford a statutory remedy, by an order or direction in the nature of a writ of Habeas

Philips Fadrick D'souza and Ravindra @ Balu Pandurang Kambre Vs. the S ...

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 359 to 369, 385, 387, 392, 449, 450, 451, 454 and 457; Code of Criminal Procedure (CrPC) , 1973

Reported in : (2008)110BOMLR3105; 2009CriLJ89

examined as a witness for the prosecution, PW 2, without following the requisite procedure under the Code of Criminal Procedure, 1973.5. On behalf of Accused No. 3, these submissions were reiterated by Learned Counsel and it was urged … with Section 34, and Sections 387 and 392 of the Indian Penal Code. The Additional Sessions Judge, by a judgment dated 23rd February 2005 convicted … affecting the human body in Chapter XVI and those which relate to kidnapping and abduction are delineated in Section 359 to Section 369. Section 359 provides that kidnapping is of two kinds, namely, kidnapping from India and kidnapping

In Re: the Special Courts Bill, 1978 Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(4), 4, 4(1), 6, 9, 9(2), 11(2), 177, 189 and 439; Indian Penal Code (IPC) - Sections 116, 120-B, 161 and 420; Constitution of India - Article 14, 21, 32, 133, 134, 138, 139, 140, 141, 143, 246, 246(1), 246(2), 352 and 359

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

subject-matter of Clause 6 is the jurisdiction and powers of the Supreme Court. Entry 2 of List III, 'Criminal procedure, including all matters included in the CrPC at the commencement of this Constitution' will also take care of … other offences and accused persons as can be jointly tried therewith at one trial in accordance with the CrPC, 1973.9. A Special Court shall in the trial of such cases follow the procedure prescribed by the said Code … by an order passed by the President on June 27 under Article 359, suspending the enforcement of the right to move any court for the … in the offence in respect of which a declaration is made under Section 4 either as principal, conspirator or abettor and all other offences and

C.B.I Vs. Dharambir Khattar

Court : Delhi

Subject : Right to Information

further submitted that there is no period of limitation prescribed under the Limitation Act as well as under the Criminal Procedure Code within which a petition under Section 482 Cr.P.C. ought to be filed. The affidavit seeking privilege under Section … €“ Similar attempt had been made by Respondent at stage of scrutiny of documents under Sections 207 of CrPC, same was rejected €“ Application under Section 207 of CrPC relates to pre-charge stage of case and Special … 1968 AC 910 and Reg v. Lewes J.K. Ex parte Home Secy. 1973 AC 388). Papers brought into existence for the purpose of preparing a … elaborated in State of Orissa v. Debendera Nath Padhi, AIR 2005 SC 359 and held as under: 26. Needless to state, in view of the

Baijunath Vs. Station House Officer

Court : Kerala

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 109, 120B, 359 to 361, 362, 366, 366A, 377 and 503; Indian Penal Code (Amendment) Act, 1923; Immoral Traffic (Prevention) Act, 1956 - Sections 2, 3, 3(1) and 5(1); Suppression of Immoral Traffic in Women and Girls Act, 1956 - Sections 2; Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 - Sections 3; Code of Criminal Procedure (CrPC) , 1898 - Sections 218, 219, 220, 221(1), 223, 233, 234, 235, 236 and 239; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 169, 178(3), 193, 193(1), 207A, 209, 227, 239, 261, 319, 319(1), 365, 398, 438 and 482

Reported in : 2005(3)KLT253

said is that the High Court has over-stepped its jurisdiction in invoking the power under Section 438 of the Criminal Procedure Code and in granting anticipatory bail in such offence notwithstanding the materials as noticed by the High Court...We are, … them and hence they may be discharged under Section 227 of the Code of Criminal Procedure.2. Crl.R.P. No. 661 of 2003 is filed by the … has got two parts. To attract the offence under the first part, there must be kidnapping or abduction. Section 359 of the Indian Penal Code defines kidnapping. Section 360 deals with kidnapping from India. Section 361 deals with … in Jacob v. State of Kerala, 1971 KLT 53, Cherian v. State, 1973 KLT 15 and Shanta v. State of Gujarat, AIR 1967 Guj. 211

Munish Mubar. Vs. State of HaryanA.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 302, 34, 201, 404; Code Of Criminal Procedure (CrPC), 1973 - Section 313

IBRAHIM KALIFULLA, JJ.] Indian Penal Code (IPC), 1860 - Sections 302, 34, 201, 404; Code Of Criminal Procedure (CrPC), 1973 - Section 313 -- The investigating officer also arrested Shivani Chopra - the co-accused on 10.1.2003 and recovered … relation to the incriminating circumstances put to him, while recording his statement under Section 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.’). The present appeal, thus, lacks merit and is liable to be … the co-accused Shivani Chopra, filed Criminal Appeal Nos. 553-DB of 2006 and 359-DB of 2006. Both the appeals were heard and disposed of by way

P. Venkateseshamma Vs. the State Andhra Pradesh and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 13, 13(2), 14, 15, 19, 21, 22, 123, 123(3), 226, 352, 359, 359(1) and 368; Maintenance of Internal Security (Second Amendment) Ordinance, 1975; Maintenance of Internal Security Act; Andhra Pradesh Revenue Recovery Act, 1864 - Sections 38, 40, 48 and 49

Reported in : AIR1976AP1

Internal Security Act, 1971 (hereinafter referred to as the Principal Act) for the words and figures 'Code of Criminal Procedure, 1898' the words and figures 'Code of Criminal Procedure, 1973' shall be substituted. 3. In Section 7 of … the said person ordinarily resides and thereupon the provisions of Sections 82 - 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall be substituted. (b) In sub-section (2) for the words and figures 'Code of … the declaration of the President of India under cl. (1) of Article 359 is in force and the validity of the amendments effected in the