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Laxminarayan Vishwanath Arya Vs. the State of Maharashtra Through Seni ...

Court : Mumbai

Subject : Criminal

Acts : Indian Police Act, 1861; Punjab Police Rules, 1934 - Rule 24.1 and 24.5; Prevention of corruption Act, 1947 - Sections 7A; Prevention of Corruption (Amendment) Act, 1988 - Sections 22; Punjab Good Conduct Prisoners (Temporary Release) Act - Sections 3 and 4; Indian Penal Code (IPC) - Sections 34, 406, 409, 420, 467 and 468; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 41(2), 42, 43, 44, 154, 154(1), 154(3), 156, 156(1), 156(3), 157, 166, 167, 169, 170, 173, 173(2), 176, 177, 190, 200, 203, 204, 389, 438 and 439

Reported in : (2007)109BOMLR1583; 2008CriLJ1; 2007(4)MhLj7; 2008(1)AIRKarR465(FB)(Bom)

against whom FIR is registered pursuant to the orders issued by the learned Magistrate under Section 156(3) of the Criminal Procedure Code, 1973? (ii) Whether the police can exercise the powers of arrest under Section 41 of the Criminal Procedure … Swatanter Kumar, C.J.1. The legislative scheme behind the Code of Criminal Procedure, 1973 discerningly deciphers distinction of jurisdiction and field covered by the police or investigating agency

Hemant Vyankatesh Agwan Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 42(1), 43, 50, 50(1), 52, 52(A), 54, 55 and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2) and 5

Reported in : 1990(1)BomCR433

Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, (a) every offence punishable under this Act shall be cognizable; (b) no … is well settled.'We may with respect point out that the question regarding the applicability of section 537 of the Criminal Procedure Code was not raised in K.L. Subhayya's case referred to above which was decided by a Bench of two … which results from an investigation is provided in section 190, Criminal Procedure Code as the material on which cognizance is taken. But it cannot be … for an offender previously convicted. Chapter V prescribes the procedure to be followed in the matted of investigation. Section 41 empowers a special class of Magistrates to issue warrants and authorisations. Section 42 deals with power of entry,

M. Baskaran Vs. State

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 41(8) and 439; Extradition Act, 1962 - Sections 25

Reported in : 37(1989)DLT298

P.N. Nag, J. (1) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Criminal Procedure) for bail. (2) It appears that on … It has already been submitted above, the police seems to have arrested the petitioner under Section 41(g) of the Criminal Procedure Code whereby the Police Officer has been empowered to arrest the person without an order from the Magistrate and

Rakesh Kumar Vs. the State of Bihar

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 41(1), 164(5), 167(2), 389, 438, 439 and 482; Code of Civil Procedure (CPC) - Sections 151; Indian Penal Code (IPC) - Sections 34 and 366(A)

discussions made above it would become clear that this application is not maintainable. Hence it is rejected. (A) Criminal Procedure Code, 1973, Sections 482,167(2), 389, 439 and Chapter XXXIII - Quashing of order rejecting prayer for bail--Petitioner's remand under … Quashing of order rejecting prayer for bail--Petitioner's remand under Section 366(A)/34,1 PC--Contention of State, application under Section 482, CrPC not maintainable--Remedy available In Chapter XXXIII of CrPC--Section 482, CrPC not to be Invoked where redressal is available … Delhi Police in reference to D.D. No. 55-B dated 16.11.2004 under Section 41(1) of the Code and he was produced on the same day before

Dilip and anr. Vs. State of M.P.

Court : Supreme Court of India

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 41, 41(1), 41(2), 42, 42(1), 42(2), 50, 50(4) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 51(2), 100, 161 and 165; Code of Criminal Procedure (CrPC) , 1898 - Sections 52

Reported in : AIR2007SC369; 2007CriLJ880; RLW2007(1)SC630; 2006(12)SCALE331; (2007)1SCC450

50, 50(4) and 57of Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 51(2), 100, 161 and 165of Criminal Procedure Code (CrPC), 1973 -- Appellant was prosecuted for commission of an offence under Section 8/18 - Held, the offence committed under … any prior information; (2) the question of obtaining any warrant from a Magistrate or a Gazetted Officer under Section 41 did not arise; (3) he has also no opportunity to comply with Section 42 of the NDPS Act.

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

Ravishankar Bhagvatiprasad Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 100 and 165; Narcotics Drugs and Psychotropic Substances Act - Sections 20, 41, 41(1), 41(2), 42, 42(1), 42(2), 43, 44, 50, 52, 52(3), 53, 55 and 57; Food Adulteration Act, 1954 - Sections 13(1)

Reported in : (2000)1GLR137

of the accused under Section 313 of the Code of Criminal Procedure, 1973, was over. It has been asserted by the accused that the accused … Station may either secure police custody remand or send such person to judicial custody under the provisions of the Criminal Procedure Code. So far as the articles, which are produced before the Police Station Officer is concerned, they are required … into an offence or suspected offences as provided under the provisions of CrPC and when such search is completed at that stage Section 50 of … When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay

Assistant Collector of Customs Vs. Shaikh Abdul Karim

Court : Mumbai

Subject : Customs

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 43, 51, 52, 52(2), 53, 55 60, 60(3), 61, 62, 63(2) and 63(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457, 457(1) and 482

Reported in : 1990(47)ELT505(Bom)

Gupte further submitted that the Act provides for seizure and arrest, and to that extent the provisions of the Criminal Procedure Code will not apply at all. In this connection he relied upon sections 41, 42, 43, 51, 52, 53 … is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures - The provisions of … be confiscated ultimately. He further submitted that Section 451 of the Cr.P. Code or for that matter Section 457 of the Cr.P. Code will have … better to quote some of these provisions to the extent that they are relevant for the present discussion. Section 41 provides for power to issue warrant and authorisation. It is section 42 which provides for power of entry,

Gautam Ram Vs. State

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 41, 41(1), 55, 59(1), 102, 112, 155(2), 173, 190, 251, and 482; Delhi Police Act, 1978 - Sections 59(1), 59(2) and 103

Reported in : 98(2002)DLT348; 2003(66)DRJ38

why the matter was not probed further and would pass such orders as he may deem suitable. dusty. Criminal Procedure Code, 1973 - Sections 482, 41, 2(d), 45, 102, 155(2), 190, 251--Inherent power of High Court--Quashing of complaint under … S.L. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), petitioner is seeking quashing of … in the above contention. There is another section in Cr.P.C. which empowers the police to arrest any person. Section 41 Cr.P.C. empowers a police officer to arrest any person, who has been concerned in any cognizable offence or

Mykala Subbamma Vs. N. Srinivasa Rao and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302, 304 and 343; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 42, 60, 129, 151, 154, 154(3), 164, 173(2), 174 and 432; Andhra Pradesh Civil Services (Classification, Conduct & Appeal) Rules, 1991; The Protection of Human Rights Act, 1993; Constitution of India - Articles 5, 7 and 21

Reported in : 2003(2)ALD49; 2003(3)ALT223

Code, 1860, Sections 41, 42, 60, 129, 151, 154, 154 (3), 164, 173 (2), 174 ands 432 of Criminal Procedure Code, 1973, Andhra Pradesh Civil Services (Classification, Conduct and Appeal) Rules, 1991, The Protection of Human Rights Act, 1993 … a criminal case under Section 343 and 302 of the Indian Penal Code (IPC), to investigate the said offence by the Crime Branch, Criminal Investigation … period without the authority of a magistrate. 27. Chapter V of Cr.P.C. deals with arrest of person. Under Section 41, any police officer may, without an order from Magistrate and without warrant, arrest any person who has been