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Chokha Alias Pukhraj Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Evidence Act - Sections 62, 64 and 65; ;Indian Penal Code (IPC), 1860 - Sections 354, 376 and 450; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 87(1), 87(2), 87(3) and 88; ;Code of Criminal Procedure (CrPC) (Amendment) Act, 1973 - Sections 82, 82(2) and 83

Reported in : 2005CriLJ4708; 2005WLC(Raj)UC551

1972 Cri LJ 289, the Mysore High Court observed that where a proclamation issued under Section 87(1) of the Criminal Procedure Code, 1898 (for short, the Old Code) corresponding to Section 82 of the Criminal Procedure Code, 1973 (for short, … Old Case and if the proclamation itself is illegal, the subsequent order for attachment of property issued under Section 88 of the old Code (corresponding to Section 83 of the New Code) on ground that the absconding person … so that such warrant cannot be executed' in Section 82 of the Code are significant. Every person who is not immediately available cannot be characterised

Tgn Kumar. Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Section 138; Code of Criminal Procedure (CrPC), 1973 - Sections 482, 205, 313(b), 88, 87, 483; Constitution of India - Article 227

being summoned by the Magistrate, the accused preferred a petition before the High Court under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her personal appearance before the Magistrate. As … petition before the High Court under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her … produced before court.vi) Where warrants are to be issued in a 138 prosecution, ordinarily a bailable warrant under Section 88 Cr.P.C must be issued at the first instance before a non-bailable warrant without any stipulations under Section 87

Gopichand P. Hinduja, Prakash P. Hinduja and Srichand P. Hinduja Vs. C ...

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 88, 102, 173, 437, 438, 439(1), 451 to 459, 452 and 482; Indian Penal Code (IPC), 1860 - Sections 120-B and 420; PC Act, 1947 - Sections 5(1) and 5(2)

Reported in : 2001IVAD(Delhi)499; 91(2001)DLT450; 2001(59)DRJ74

of Indian origin, under sections 439(1)(b) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.'), for modification of bail order dated … to add that any observation made herein would not prejudice the rights of the petitioners during the trial. Criminal Procedure Code, 1973 - Section 439 r/w 4S2--Bail--Modification of bail order--Imposing condition that the petitioners shall not leave the country … the record.7. At the outset, it was argued that appearance of petitioners before the trial court was under section 88 of the Cr.P.C., and they were not in 'custody' within the meaning of section 437 Cr.P.C. thereforee, the

Harsha Sports Paradise (R), Kelagote Village, Chitradurga Taluk, Chitr ...

Court : Karnataka

Subject : Education

Section 78(3) of the Act, aforesaid criminal petitions were filed before the Dharwad Bench, under Section 482 of Criminal procedure Code, 1973, to quash the entire proceedings therein. 7. With reference to the rival contentions, the points raised for … were filed before the Dharwad Bench, under Section 482 of Criminal procedure Code, 1973, to quash the entire proceedings therein. 7. With reference to the … a cognizable offence or non-cognizable offence, in view of the power of arrest without a warrant provided under Section 88 of the said Act? Point No.2: Whether in this case, investigation of the cases under Section 78(3) of

Bal Mukund Jaiswal Vs. Bharat Sangh Dwara Aasuchana Adhikari Narcotic ...

Court : Allahabad

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 22, 37, 41(2), 42, 43, 50, 51, 52(3), 52A, 53, 53(1), 55 and 57; Evidence Act, 1872 - Sections 25 and 36A; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 88, 167 and 173; Constitution of India - Article 22 and 22(2)

Reported in : 1993(2)ALT(Cri)9; 1994CriLJ818

and non-bailable :(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) :--(a) every offence punishable under this Act shall be … FIR was lodged by the officer concerned at the Police Station nor any investigation under the Code of Criminal Procedure (hereinafter referred to as the Code) was initiated or was pending and so the officer concerned cannot be … the officer concerned at the Police Station nor any investigation under the Code of Criminal Procedure (hereinafter referred to as the Code) was initiated or … a provision for remand, the Magistrate has no authority to do so. The learned Counsel has referred to Section 88 of the Code and has suggested that under this provision, the Magistrate can direct the accused to execute

Mohan P. Wag and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Company

Acts : Companies Act, 1956 - Sections 63; Code of Criminal Procedure (CrPC) , 1973 - Sections 204 and 482

Reported in : [1998]94CompCas507(Raj)

limitation is not applicable in this matter on the basis of Section 469(b) of the Criminal Procedure Code, 1973. Section 469(b) of the Criminal Procedure Code, 1973, is as follows :'where the commission of the offence was not … they prayed for quashing of the same.5. The respondents, however, contended that the provisions of Chapter 36 of the Criminal Procedure Code, regarding limitation was not applicable by the virtue of the provisions of the Economic Offences (Inapplicability of Limitation) … however, contended that the provisions of Chapter 36 of the Criminal Procedure Code, regarding limitation was not applicable by the virtue of the provisions of … said judgment is in Ranbaxy Laboratory Ltd. v. Smt. Indra Kala [1997] 88 Comp Cas 348 (Raj). The complainant-respondent No. 2 thus, contended that the

State of U.P. Vs. Moti Ram and Another Etc.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 109, 120, 148, 149, 201, 300, 302, 307, 427 and 435; Code of Criminal Procedure (CrPC) , 1973 - Sections 87, 88, 107 and 378; Arms Act - Sections 27

Reported in : AIR1990SC1709; 1990CriLJ1710; 1990(2)Crimes705(SC); JT1990(2)SC358; (1990)4SCC389; [1990]2SCR939; 1990(2)LC544(SC)

damaging each other's crops. This led to the initiation of a security proceeding under Section 107 of the CrPC. In that the party of the first accused was bound over.5. In September 1973, another security proceeding was … but none was available. Then he took proceedings under Sections 87 and 88 of the CrPC (old). He arrested Accused No. 39 on 16.1.1974 and … inclusive of the State appeal and the Referred case by the common impugned judgment dated 17.2.1977, allowing all the criminal appeals preferred by all the convicted accused except the appeal preferred by Rambali (A. 36) and setting aside … Trial Court convicted 16 accused under various provisions of the Indian Penal Code and the Arms Act and acquitted the remaining 25 accused. In this

Madhao and Another Vs. State of Maharashtra and Another

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 420, 419, 468, 34; Code of Code of Criminal Procedure (CrPC), 1973 - Section 156(3), 482, 190, 190(1)(a), Chapter 14(2), 14(1)

by order dated 27.09.2005, directed the Police to investigate the matter under Section 156(3) of the Code of Criminal Procedure Code, 1973 (in short the “Code”) and to submit a detailed report within one month.(i) On 15.09.2006, the appellants … officials of Ghatanji P.S. registered offences punishable under Sections 420, 419, 468 and 34 of the Indian Penal Code, 1860 (for short ‘IPC’) for the acts of fraud, criminal breach of trust and impersonation against the said … of trust and impersonation against the said accused persons vide Crime No. 88 of 2005. (g) On 09.09.2005, one Rajnikant Deluram Borele, claiming himself to

State of West Bengal and Another Vs. Mohammed Khalid and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 226 and 227; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3, 4, 19 and 20A(2); Prevention of Corruption Act, 1947; Indian Penal Code (IPC), 1860 - Sections 120B, 302, 307, 326 and 436; Indian Public Service (Appointment by Promotion) Regulations, 1955 - Regulation 5(5)

Reported in : AIR1995SC785; 1995(1)Crimes397(SC); JT1994(7)SC660; 1994(4)SCALE1048; (1995)1SCC684; [1994]Supp6SCR16; 1995(1)LC469(SC)

or otherwise, is not exactly to be applied at the stage of Section 227 or 228 of the CrPC 1973. At this stage, even a very strong suspicion founded upon materials before the Magistrate, which leads him to … face value and accepted in its entirety constitute an offence. The High Court is not justified in quashing the criminal proceedings. In State of Bihar v. P.P. Sharma this Court had ruled that writ petition should not be … Court under Article 226 of the Constitution and the gamut of the procedure prescribed under TADA Act must be followed, namely, raising the objection before … 17.3.1993 was registered in the Police Station under Sections 120B/436/326/307/302 Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. Having regard … of law. A.K. Gopalan v. State, [1950] S.C.R. 88, referred to. (ii) The absence of a provision

Ajay Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3, 3(1) 3(2), 3(3) and 4; Foreign Exchange and Prevention of Smuggling Activities Act, 1974; Constitution of India - Articles 14, 19, 21, 22 and 22(5); Code of Criminal Procedure (CrPC) , 1973 - Sections 76, 81, 82, 83, 87 and 88; Indian Penal Code (IPC) - Sections 147, 148, 149, 307 and 506

Reported in : 1990CriLJ1738

to act within the time scale of his own delegated authority. Because the Act, unlike the Code of Criminal Procedure, is silent on the procedure of enforcement of the detention order this Court in Dilip, (1989 Cri LJ … and indeed, to act within the time scale of his own delegated authority. Because the Act, unlike the Code of Criminal Procedure, is silent on the procedure of enforcement of the detention order this Court in Dilip, … have taken adequate steps under Sections 87 and 88, Cr.P.C. for the purpose of securing the petitioner's … custody under certain circumstances. In Masood Alam v. Union of India, AIR 1973 SC 897 : (1973 Cri LJ 627), which was referred to in … point was examined with reference to Detaining Authority's jurisdictional competence stemming from Section 3(2) of the Act. Relying on Kanchanlal, AIR 1979 SC 1945 :