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Amarjit Singh and Prem Parkash Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1993(25)DRJ466

..... '(4) the appellants, however, contend to the contrary and they in support of their case rely on section 36b of the act which is as under '36-b.appeal and revision - the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 1973 (2 of 1974), on a high court as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction ..... '(5) chapter xxix of the code of criminal procedure, 1973 (for short 'the code') deals with appeals and chapter xxx of the code with reference and revision. ..... we see no reason why provisions of section 389 as appearing in chapter xxix of the code of criminal procedure could not be applicable in an appeal filed under section 36b of the act. ..... (2) the limitations on granting bail specified in clause (b) of sub-section (1) are in addition to the limitations under the code of criminal procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail. ..... this section is as der :- '(1)notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), - (a) every offence punishable under this act shall be congnizable; (b) h no person accused of an offence punishable for a term of imprisonment of five years or more under this act shall be released on bail or on his own bond unless - (i) the .....

Lakshmanan Sundaram Vs. State of Kerala

Court : Kerala

Reported in : 1990CriLJ1800

..... chapter xxix of the code of criminal procedure, 1973 deals with appeals ..... sessions judge was directed to take additional evidence by himself or through the trial court and the accused was directed to be examined under section 342 of the code of criminal procedure and to be given an opportunity to adduce evidence. ..... now compare these provisions with the provisions of the code of criminal procedure, 1898. ..... other words, the contention is that remand for continuance of trial or further trial is not contemplated by section 386 of the code of criminal procedure. ..... be made for the purpose of continuance or completion of trial to enable the prosecution or the defence to adduce additional evidence and that if additional evidence was thought necessary, recourse could be had only to section 391 of the code of criminal procedure. ..... case, conviction and sentence entered by the trial court were set aside by the appellate court which further directed retrial from the stage at which the defective procedure had been adopted by the trial court, defective procedure being absence of personal questioning of the accused under section 342 of the 1898 code and accused not being given an opportunity to adduce evidence. ..... that clause (a) of section 423 is identical with section 386(a) of the 1973 code and clause (b) of section 423 of the 1898 code is identical with clause (b) of section 386 of the 1973 code except that in the latter there has been a rearrangement.10. ..... chapter xxxi of the 1898 code dealt with appeals .....

Badan Singh Alias Baddo Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002CriLJ1392

..... chapter xxix of the code of criminal procedure 1973 under caption 'appeal' contains twenty three sections ..... section 372 provides that no appeal shall lie from any judgment or order of a criminal court except as provided for by this code or by any other law for the time being ..... even assuming that section 18 has the application and orders of the district magistrate and the special court can be challenged by way of appeal yet i would hold that the writ petition under article 226 of the constitution is maintainable when the very order of attachment passed by the district magistrate is illegal, arbitrary and ..... sections 381 and 382 prescribe the procedure for filing of appeal in the court of sesions and the manner ..... - the provisions of chapter xxix of the code shall, mutatis mutandis, apply to an appeal against any judgment or order of a court passed under the provisions of ..... that the impugned orders cannot be interfered with in exercise of extra-ordinary writ jurisdiction when alternative remedy by way of appeal is provided under section 18 of the act was available to the petitioners.6. ..... and sections 3 and 18 of the act what appears is that appeal would lie against the order of conviction or acquittal under the act and not against the order of attachment of the district magistrate or the order of the special court on the reference made by ..... his further case was that most of the criminal cases registered against him have ended in acquittal and others have been stayed pursuant to the order .....

Both Ro at Bhendkhal Vs. the State of Maharashtra

Court : Mumbai

..... orders passed in that behalf; (xv) any application for expunging remarks or observations on the record of or made in the judgment in the case or any appeal, reference, revision or review arising out of the cases, and (xvi) any application or proceeding for sanctioning prosecution under chapter xxxv of the code of criminal procedure, 1898 (now chapter xxvi of the code of criminal procedure, 1973) or any appeal or revision arising from and out of any order passed in such an application or proceedings: provided that where the venue of the case or the ..... since the appellant had not made any arrangement for having his matter argued, i proceeded to decide the appeal after considering the record, as is required under section 386 of the code of criminal procedure, corresponding to section 423 of the old 1898 code. ..... in the backdrop of the fact that appellant abhay had stated in his statement under section 313 of code of criminal procedure that there was political rivalry between the victim and the appellants, as also the fact that it was suggested to the victim that the appellants were involved in the case of kidnapping one pushpalata because of ..... as rightly pointed out since the probation of offenders act applies to the state of maharashtra, there is no question of invoking the provision of section 360 of the code of criminal procedure in view of section 19 of the probation of offenders act. .....

Parvinder Kansal Vs. The State of Nct of Delhi

Court : Supreme Court of India

..... chapter xxix of the code of criminal procedure, 1973 deals with appeals and section 372 makes it clear that no appeal to lie unless otherwise provided by the code or any other law for the time being in force. ..... in the appeal filed before the high court under section 372, code of criminal procedure, 1973 (for short, cr.pc ), it was his case that the sentence of life imprisonment imposed on the second respondent convict is inadequate and needs to be enhanced to death penalty. ..... having heard learned counsel on both sides, we have perused the material on record and the relevant provisions of the code of criminal procedure, 1973.9. ..... by the aforesaid order, high court has dismissed the appeal filed by the appellant herein under section 372 of the code of criminal procedure seeking enhancement of sentence imposed in sessions case no.742 of 2007 by the special judge (ndps), north district, rohini district courts, delhi vide order dated 17.08.2019.3. ..... unless same is provided either under code of criminal procedure or by any other law for the time being in force no appeal, seeking enhancement of sentence at the instance of the victim, is maintainable. .....

Brig. Sukhjeet Singh (Retd), Mvc Vs. The State of Uttar Pradesh

Court : Supreme Court of India

..... chapter xxix of the code of criminal procedure, 1973 deals with appeals ..... there is available a very wide discretion in the matter of obtaining additional evidence in terms of section 391 of the code of criminal procedure. ..... in the supreme court of india criminal appellate jurisdiction reportable criminal appeal no.148 of 2019 (arising out of slp (crl ..... before the session judge in the criminal appeal filed by him against the conviction order, whether the session judge committed error in not exercising power under section 391 cr.p.c ..... he further submits that this court should monitor the hearing of the criminal appeal pending before sessions judge.10. ..... (1) in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a magistrate, or when the appellate court is a high court, by a court of session or a magistrate ..... it is admitted fact that permission to sell trust land was applied in the court of district judge, but the same was refused on the ground that proper order in that respect can be passed in proceedings under section 92 of code of civil procedure which was not done. ..... the criminal appeal, thereafter shall be decided ..... 3.11 on 08.10.2013, a criminal appeal no.57 of 2013 was filed by appellant in the court of the sessions judge, rampur ..... submits that this slp has been filed only with intent to delay the disposal of the criminal appeal. .....

Surendra Singh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1989CriLJ1430

..... state of bombay : 1960crilj1156 , to contend that looking to the scheme of the relevant provisions contained in chapter 29 of the code of criminal procedure, 1973, if the appeal was not summarily dismissed, the hearing could not be confined to the question of sentence only and such an order, if passed, would not deprive the appellant of his right to challenge the legality of the ..... an order if passed is invalid, and the appellant is entitled to insist that the appeal should be heard on merits.the provision of the repealed code of criminal procedure, 1898, considered by their lordships of the supreme court in the abovesaid decision are no doubt parallel provisions of the new code and the law laid down does have a binding force as mandated by article 141 of the constitution of india while hearing an appeal under the new code of criminal procedure, 1973. ..... enacted to sub-section (2) of section 385 contemplates an appeal only as to the extent or legality of the sentence which the court may dispose of even without sending for the record of the trial court, the newly enacted provision contained in sub-section (3) of section 385 contemplates an appeal where the only grounds taken in the appeal from a conviction is the alleged severity of the sentence. ..... the appellate court, after hearing the appeal certainly has the power under section 423, in finally disposing of the appeal, to reduce the sentence but that does not entitle it to direct that an appeal is admitted only on the question .....

Parbhani District Central Bank Ltd. Vs. State of Maharashtra and Anoth ...

Court : Mumbai Aurangabad

..... shri gupte contended that chapter-ix of the code of criminal procedure, 1973, pertains to appeals and the scope and jurisdiction of the appeal court. ..... however, considering the peculiar facts of this case and after having concluded that the petitioner was required to prefer an appeal before this court under the proviso to section 372 r/w section 378 of the code of criminal procedure, i am inclined to accept the request of the petitioner. 40 ..... 372 clearly indicates that no appeal shall lie against the judgment or order of the criminal court except as is provided for by the code of criminal procedure. ..... so done and in the light of the proceedings resulting in the acquittal of respondent no.2, the petitioner is not competent to file an appeal since the state has to prefer an appeal under section 378 of the code of criminal procedure. ..... the petitioner could have filed an appeal before this court in its capacity of being the complainant/ victim by relying upon the proviso to section 372 of the code of criminal procedure. 37 ..... therefore, though the right of the petitioner to file a complaint or lodge an fir can be recognized, yet, insofar as preferring an appeal against the order of acquittal is concerned, the right of the petitioner as a bank under the proviso to section 372 will have to be read within the scope of section 378(3), (4) and (5) of the code of criminal procedure. 36 ..... 372 is a prohibition on filing of any appeal except in accordance with the provisions under the code of criminal procedure. .....

Samaliya Kishanlal Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ476

..... will be seen that chapter xxix of criminal procedure code, 1973, deals with appeals. ..... was sought to be stressed that the accused had already suffered enough for no fault of his own because adoption of the wrong procedure during trial was not his mistake. ..... on this ground it was urged in the appeal that the groundnut oil was adulterated and the respondents were liable to be convicted for the offence ..... the difficulties that may have to be encountered in securing the presence of witnesses in a case of that nature nearly 7 years after the incident, it would have been proper for the high court to have dismissed the appeal rather than to have ordered re-trial. ..... power may be exercised even in an appeal for enhancement of sentence vide clause (c)(i). ..... regard to the nature of offence there is enormous delay in proceeding with the criminal prosecution by the appellant i.e. ..... appellate court has undoubtedly power to direct a re-trial in an appeal from an order of acquittal as well as in an appeal from a conviction. ..... fresh trial may take a couple of more years, let alone the time that may be required in appeal and revision, if found necessary. ..... shah, who heard the appeal, held that section 16a of the prevention of food adulteration act, 1954, was ..... who tried the case according to warrant-case procedure instead of summarily. ..... while disposing of the appeal, the high court felt that the trial court had missed the essence of the offences with which the accused had been charged and, therefore, there was failure .....

Ram Piara Vs. State of Punjab

Court : Punjab and Haryana

..... except such an appeal, every other appeal under the chapter xxix of the code of criminal procedure, 1973 would abate on the death of the appellant. ..... (2) every other appeal under this chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. ..... secondly, there is a proviso to sub-clause (2) which stipulates that even in a case where an appeal is filed against conviction and sentence of death or imprisonment and the appellant dies during the pendency of appeal, a provision is made whereby any of his relative can make an application within a period of 30 days from the date of death of the appellant for continuation of the appeal by them and if on such application being made, leave is granted by the court, then in that event, parveen kumar201408 ..... in view of what has been stated by this court in the afore-noted cases the principles embodied in section 394 of the code can be pressed into service in appeals before this court. ..... insistence on recovery may be justified where the default clause of the sentence is not there or it is in lieu of compensation awarded under section 357 of the code of 1973. .....