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Adri Dharan Das Vs. State of West Bengal

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 46(1), 156(3), 437, 437(3), 438 and 439; Indian Penal Code (IPC), 1860 - Sections 406, 420, 467 and 468

Reported in : 2005(2)ALD(Cri)67; (2006)2CALLT29(SC); 2005CriLJ1706; 2005(1)CTC710; 117(2005)DLT686(SC); JT2005(2)SC548; 2005(2)MhLj259; (2005)4SCC303; [2005] 2 SCR 188; AIR 2005 SC 1057

ground of non-availability of records.21. Appeal is accordingly disposed of with no order as to costs. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 46(1), 156(3), 437, 437(3), 438, 439 - Grant of Anticipatory Bail - Rejection of - Validity … of the Calcutta High Court to accept prayer made by the appellant to extend the protection available under Section 438 of the Code of Criminal Procedure, 1973 (in short the 'Code') is assailed by him. A brief

Sureshchandra Ramanlal Vs. State of Gujarat and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Banking Regulation Act - Section 46; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 70, 82 and 439; ;Indian Penal Code (IPC) - Sections 120B, 406, 409, 420, 439, 471 and 473

Reported in : 2008AIRSCW4004; 2008(7)SCC591; (2008)3SCC(Cri)212; 2008(3)AICLR596; 2008(4)Supreme167; 2008(4)LH(SC)2600

the investigating agency had initiated proceedings against the appellant under Section 70 and 82 of the Code of Criminal Procedure, 1973. According to the High Court the appellant had no regard for law and, therefore, his prayer for … initiated proceedings against the appellant under Section 70 and 82 of the Code of Criminal Procedure, 1973. According to the High Court the appellant had … commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a) and 120B of IPC read with Section 46 of the Banking Regulation Act, is refused.3. The record shows that in the year 2002 an FIR was

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case (lb). Whether the Magistrate having jurisdiction … to the right of the Court to intervene in an appropriate case when moved under Section 491 of the Criminal Procedure Code to give directions in the nature of habeas corpus. In such a case as the present, however, the … being statutory having been framed in exercise of powers conferred by Section 46(2) of the Police Act, there would be no question of State Government

Prem Shankar Shukla Vs. Delhi Administration

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 21 and 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 46 and 49; Prisoners (Attendance in Courts) Act, 1955 - Sections 9(2); Punjab Police Rules, 1934 - Rules 22, 26, 26.21A and 26.22 ; Indian Penal Code (IPC) - Sections 9(2), 75, 148, 220 and 226

Reported in : AIR1980SC1535; 1980CriLJ930; (1980)3SCC526; [1980]3SCR855

hand cuffing - Articles 14, 19, 21 and 32 of Constitution of India, Sections 46 and 49 of Criminal Procedure Code, 1973 and paras 26.21-A and 26.22 of Chapter 26 to Punjab Police Manual - petition against handcuffing - … that a person alleged to have committed an offence is liable to arrest. In making an arrest, declares Section 46 of the CrPC, 'the police officer or other person making the same shall actually touch or confine the

The State of Maharashtra Vs. Shri R.A. Chandawarkar and Other

Court : Mumbai

Subject : Criminal

Acts : Drug and Cosmetics Act, 1940 - Sections 16, 18, 20, 21(1 and 2), 23, 27 and 34; Code of Criminal Procedure (CrPC) , 1973 - Sections 244, 245, 246, 247 and 401; Drugs and Cosmetic Rules, 1945 - Rules 46 and 47; Bombay Prevention of Adulteration Act, 1925 - Sections 14 and 16

Reported in : 1999(5)BomCR519; 1999BomCR(Cri)519; (1999)3BOMLR394; 1999CriLJ4449; 1999(2)MhLj650

is stayed for a period of twelve weeks from today.Issuance of certified copy is expedited.84. Application dismissed. [A] Criminal Procedure Code, 1973 - Section 245(1) r/w Section 34 of the Drugs and Cosmetics Act, 1940 - Framing of charge … both the witnesses who were subjected to cross-examination, has passed a detailed order under section 245(1) of the Code of Criminal Procedure, 1973 whereby the learned Additional Chief Metropolitan Magistrate had discharged the accused. Against the said … 23 of the Drugs and Cosmetics Act, 1940 as well as Rules 46 and 57 of the Drugs and Cosmetics Rules, 1945?E. Whether the Government

Sheikh Tausif Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Subject : Criminal

Acts : Indian Forest Act, 1927 - Sections 2, 26, 52 and 52-C; Indian Forest Madhya Pradesh (Amended) Act, 1983; Wild Life (Protection) Act, 1972 - Sections 2, 2(36), 2(37), 9, 11, 26, 27, 29, 29(1), 35(1), 35(6), 39, 39(1), 43(3), 46(A), 51, 52, 52-A, 52-B, 52-C, 52(4) and 52(5); Code of Criminal Procedure (CrPC) , 1974 - Sections 457 and 482; Elephants' Preservation Act, 1879; Code of Criminal Procedure (CrPC) , 1973 - Sections 50(4) and 451

Reported in : 2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263

be released by the Magistrate pending trial in accordance with Section 50(4) read with Section 451 of the Code of Criminal Procedure, 1973. It has, further been held that mere seizure of any property including vehicle on … Judicial Magistrate, Saunsar.13. Misc. Criminal Case allowed. Criminal - Seizure - Vehicle - Sections 457 and 482 of Criminal Procedure Code, 1973(Cr.P.C.), Sections 26 and 52 of Indian Forest Act and Sections 2, 9, 27, 29, 35(6), 43(3), 46(A),

Shri Gurbaksh Singh Sibbia and ors. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 46, 46(1), 167(2), 204(1), 437, 437(1), 437(3), 438, 438(1), 438(2), 439 and 439(1); Indian Penal Code (IPC), 1860 - Sections 409; Constitution of India - Article 21; Evidence Act - Sections 27

Reported in : AIR1980SC1632; (1980)82BOMLR518; 1980CriLJ1125; (1980)2SCC565; [1980]3SCR383

not in other classes. It was observed that the principle to be deduced from the various sections in the Criminal Procedure Code was that grant of bail is the rule and refusal is the exception. An accused person who enjoys … these appeals is how best to balance these interests while determining the scope of Section 438 of the CrPC, 1973 (Act No. 2 of 1974).2. Section 438 provides for the issuance of direction for the grant of bail … arrested on the accusation in respect of which the direction is issued, he shall be released on bail. Section 46(1) of the CrPC which deals with how arrests are to be made, provides that in making the arrest,

Syed Aref S/O Syed Omer Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 224; Code of Criminal Procedure (CrPC) , 1973 - Sections 46

Reported in : 1995(3)BomCR630

of Indian Penal Code, 1860 and Section 46 of Criminal Procedure Code, 1973 - conviction sought on allegation that petitioner escaped from lawful custody - … up. In this context regard may also be had to the ruling cited supra wherein the provisions of section 46 of the Code of Criminal Procedure have been considered. It has been observed that :'In order to have … constitutional provisions, it must be an arrest properly and lawfully made in terms of the specified provisions of the Criminal Procedure Code. If it is to be held that the actual seizure or touching of a persons's body with a … revision application.2. The petitioner has been convicted under section 224, Indian Penal Code, on a charge that he escaped from the custody of Police Sub-Inspector

Uma Shankar Sahay Vs. State of Bihar and anr.

Court : Patna

Subject : Criminal

Acts : Bihar Tenancy Act - Sections 106; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 42, 43, 44, 44(2), 46, 47, 57, 167, 190, 191, 195, 195(1), 197, 197(1), 202, 204, 204(1), 216, 244, 319, 319(1), 319(2), 319(3), 319(4), 395, 397 and 398; Indian Penal Code (IPC) - Sections 120(B), 147, 465, 323, 325, 336, 427, 463, 467, 468 and 471; Criminal Law

to be quashed. 30. In the result, this application is allowed and the impugned order is quashed. (A) Criminal Procedure Code, 1973 - Sections 319, 195, 197--Cognizance of offences against two of the accused--Powers of C.J.M.--Non taking of cognizance … Indu Prabha Singh, J.1. This application, under Section 397 of the Code of Criminal Procedure, 1973 (in short the 'Code') is directed against the … Magistrate. In Section 44 (2) again a reference is made to 'any person'. The same is case in Section 46. In Section 47 also there is a reference to 'any person'. In short in none of the sections

Deputy Inspector General, Border Security Force Vs. the State and anr.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 173, 446, 451, 475, 475(1) and 482; Border Security Force Act, 1968 - Sections 46, 80 and 81; Border Security Force Courts (Adjustment of Jurisdiction) Rules, 1969 - Rules 3 to 9; Indian Penal Code (IPC), 1860 - Sections 279 and 337; Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 - Rules 3 to 9; Army Act, 1950 - Sections 125 and 126

Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16

S.K. Agarwal, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the order … accused and notice to the surety shall remain stayed. 13. With the above observations, petition stands disposed of. Criminal Procedure Code, 1973 - Section 475--Delivery to Commanding Officer of persons liable to be tried by Court-martial--Accused is a driver … BSF Act are equivalent to Sections 125 and 126 of the Army Act, 1950. She argued that under Section 46 of the BSF Act, offences under Sections 279/337 IPC with which accused was charged are triable both by