Court : Allahabad
Reported in : 2008CriLJ1998
..... procedure when investigation cannot be completed in twenty four hours ..... (1) whenever any persons is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty four hours fixed by section 57, and there are grounds for believing that the acquisition or information is well founded, the officer in charge of the police station or the police officer making investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest ..... investigation cannot be completed within 24 hours fixed by section ..... section 167 of code of criminal procedure ..... investigation into an offence has been made under sub-section (5), the sessions judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.according to section 167 ..... required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.2-a notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a judicial magistrate is not available, transmit to the nearest executive magistrate ..... 1973 .....
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ118
..... of section 167, which falls in chapter xii of the code dealing with the information of police and their powers to investigate, reads thus:(1) whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, ..... since the case involved the interpretation of section 167(2) of the code of criminal procedure, 1973, and the learned single judge thought that there was a conflict of judicial ..... when he observed that in a case where the accused has, during the investigation, applied to the magistrate concerned for being released on bail under section 167 ..... , and may by a warrant remand the accused if in custody;provided that no magistrate shall remand the accused person to custody under this section for a term exceeding fifteen days at a time....the power to remand the accused to custody under section 309(2) can be exercised only when a court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or ..... will not be possible for the magistrate to see that all the copies are supplied to the accused on the very first day when he appears or is brought before him, and as such he will have to postpone the date for making the order committing .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC409; 2005(1)AWC831
..... the courts below have granted interim injunction staying the effect rather staying the execution of the orders passed by the criminal courts under section 145 of the code of criminal procedure, the impugned orders were manifestly erroneous and orders were liable to be quashed. ..... being aggrieved from dismissal of the said criminal revision, initiated proceedings under section 482 of the code of criminal procedure, which too was finally rejected by this ..... apprehension of breach of peace with regard to possession over the accommodation, in question, proceedings under section 145 of the code of criminal procedure were initiated and the property was attached. ..... present writ petition against the order dated 26.8.1993 (annexure-7 to the writ petition) passed by xith additional district judge, kanpur nagar on the ground that in view of the clear bar provided under section 41(d) of the specific relief act, 1963 to the effect that no injunction order should be granted which would have the effect of stay of the execution of the order passed by the criminal court under section 145 of the code of criminal procedure. ..... below--the iiird additional civil judge, kanpur nagar and xith additional district judge, kanpur nagar, both, have committed manifest error of law in ignoring the principles laid down under clause (d) of section 41 of the specific relief act, 1963 which provides that an injunction cannot be granted to restrain a person from instituting or prosecuting any proceeding in criminal matter. .....
Tag this Judgment!Court : Allahabad
Reported in : (1897)ILR19All390
..... it is by section 167 of code of criminal procedure enacted that 'whenever it appears that any investigation under this chapter cannot be completed within the period of 24 hours fixed by section 61, and there are grounds for believing that the accusation is well-grounded, the officer in charge of the police station shall forthwith transmit to the nearest magistrate a copy of the entries in the diary hereinafter prescribed ..... it appears to me that when judges attempt to construe section 172 of the coda of criminal procedure and decide that a statement made under section 161 of that code to a police officer and reduced by him into writing in the special diary is not, and is not to be deemed to be part of the special diary, it is the duty of such judges to explain precisely and clearly how a police officer making an investigation under chapter xiv of the code of criminal procedure is to comply with the requirements of section 172, and to make his special diary, so that ..... question is--has the legislature, which has enacted that special diaries shall be kept and has accorded to those diaries limited protection for inspection by an accused person or his agent, anywhere enacted that when a police officer making an investigation under chapter xiv of the code of criminal procedure voluntarily--there is no compulsion--reduces into writing under section 161 of that code a statement made to him, he shall not make such reduction into writing in the special diary or shall make it elsewhere? .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All365; 60Ind.Cas.428
..... think, however, that any direct authority can'be quoted for interfering with proceedings by a subordinate civil court under section 476 of the code of criminal procedure merely on the ground that an appeal upon the same facts is pending before this court. ..... this court, resting upon a course of judicial decisions which treat any application in revision against an order of a subordinate civil court passed under section 476 of the code of criminal procedure as an application in civil revision, governed by the provisions of section 115 of the code of civil procedure, makes it impossible to regard these applications as governed by anything in the code of criminal procedure. ..... when the accused persons come before a magistrate, it will be open to them to move this court, which undoubtedly has, under the cole of criminal procedure itself, very large powers over criminal courts of subordinate jurisdiction, to direct a temporary postponement of the prosecution ponding further ..... of the stay of criminal proceedings when these, on the face of them, raise a question of fact which is still under adjudication by a, civil court of competent jurisdiction, as for instance by this court in first appeal, a valuable note is to be found in appendix s to the edition of the code of criminal procedure by mr. g.p. ..... if it should appear otherwise to this court when the question of expediting the hearing of the first appeal is raised, then on the principles laid down by the learned judge who decided the case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All562
..... goes to show that the section was enacted as it was felt that, when security was demanded for the performance or observance of certain conditions or restrictions under any enactment other than the code of criminal procedure, there should be some provision by which the failure to furnish such security, should, where the failure to perform or observe the conditions or restrictions was punishable with imprisonment, automatically lead to imprisonment for the prescribed period as has been laid down in section 123, criminal p. c. ..... dated 18th september 1948, part vii is:'it has been felt that when security is demanded for the performance or observance of certains condition or restrictions under any enactment other than the code of criminal procedure there should be some provision by which the failure to furnish such security should, where the failure to perform or observe the conditions or restrictions is punishable with imprisonment, automatically lead to imprisonment for the prescribed period as has been laid down in section 123, criminal p. c. ..... under sub-article (2) the person arrested cannot be kept in detention after twenty-four hours of the arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate without the order of the ..... legislature passed the necessary resolution for extension at the proper time in 1948 and 1949, and the act continued in force subsequent to 29th february 1948, when the act completed its first year of enforcement. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All508; 1965CriLJ455
..... in his evidence before the magistrate having referred to the information before the police, there was a complaint before the magistrate within the meaning of the word 'complaint' as given in section 4 of the code of criminal procedure; but aving considered more carefully the different sections of the code which bear upon the question, and by.the light of the various cases which have been quoted before usi 1 am of opinion that the information before the police could not ..... when the word 'complaint' has been defined in clause (h) of sub-section (1) of section 4, criminal p. ..... in this section shall be deemed to authorize a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as required by that section'.4. ..... if the definition of the word 'complaint' as contained in section 4 (1) (h) is given its plain meaning, the report made by the husband to the police cannot be regarded to be a complaint for the simple reason that it was not made to a ..... ' (3) when the very cognieance of an offence under section 497, i. p. ..... court shall take cognizance of an offence under section 497 or section 498 of the indian penal code, except upon a complaint made by the husband of the woman, or, in his absence, made with the leave of the court by some person who had care of such woman on his behalf at the time when such offence was committed. ..... which are that when a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be .....
Tag this Judgment!Court : Allahabad
Reported in : 1979CriLJ1426
..... state : air1950all562 the division bench of this court held: section 123-a of the criminal procedure code to be ultra vires on the ground that they were inconsistent with the provisions of clauses (4) ..... the legislature has got the right to prescribe the procedure to be followed different than one prescribed by the criminal procedure code, the test for determining the reasonableness of the procedure should not be the test that it conforms with that of the criminal procedure code, what opportunity may be regarded as reasonable would necessarily ..... it is incorrect to think that the procedure provided by the criminal procedure code is the only procedure which can be said td be fair ..... criminal procedure code is not exhaustive with respect to the procedures ..... that the law must be now taken to be well-settled that article 21 does not exclude article 19 and that even if there is a law prescribing a procedure for depriving a person of personal liberty and there is consequently no infringement of the fundamental right conferred by article 21, such law, in so far as it abridges or takes away any fundamental right under ..... since in our opinion the reasonableness of procedure cannot be reduced to hard and fast rules, we hold that the procedure for declaring a person as 'goonda' is not ..... in the instant case, when a person is declared to be a goonda on the grounds given in clauses (a) to (c) being established, it is necessary that the district magistrate must be satisfied with respect to all the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All492; 1958CriLJ834
..... by using the expression 'the procedure, prescribed by the code of criminal procedure, for the trial of warrant cases by magistrates', the law laid down in sub-section (1) of section 8 of the criminal law amendment act, 1952 only made the provisions of sections 252 to 259 of the code of criminal procedure applicable to the trial of a case by a special judge and did not make all other subsequent provisions so applicable.section 350 not having been made applicable by sub-section (1) of section 8 of the criminal law amendment act, 1952, it cannot be held to apply on any ..... , sections 252 to 259.when the code of criminal procedure itself limits the expression 'the procedure for the trial of warrant cases by magistrates'' to section 251-a and sections 252 to 259 of the code of criminal procedure, the interpretation of the expression 'the procedure prescribed by the code of criminal procedure for the trial of warrant cases by magistrates' used in sub-section (1) of section 8 of the criminal law amendment act, 1952, must also be that it is the provisions of section 251-a and sections 252 to 259 which have been made applicable to the trial of cases by a special judge appointed ..... section a doubt might have arisen that in those cases where the special judge awarded a sentance of less than four years, the appeal lay before the sessions judge under section 408 (b) of the code of criminal procedure. ..... in one case the prosecution evidence was completed and in the other case only arguments were to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All107; 1971CriLJ359
..... under section 479a of the code of criminal procedure when a criminal court is of opinion that any person appearing before it as a witness has intentionally given false evidence in any stage of the judicial proceeding or has intentionally fabricated false evidence for the purpose of being used in ..... (j) could have been perfectly within his right to make any remarks in his judgment under section 479a of the code of criminal procedure against any person who had appeared before him as a witness on the question of fabrication of false evidence, but he had no jurisdiction to make any such remarks as he did against the said advocate because admittedly ..... offences falling under clause (c) of section 195, sub-section (1) of code of criminal procedure can be taken only against a party to a proceeding and since the applicant was acting only as a counsel for the accused he was obviously not a party to the proceeding and, therefore, the proceedings taken against him under section 476, cr. p. c. ..... an application under section 561a of the code of criminal procedure by syed alley eba ..... taken against sri sant ram bhatia in respect of the offence which he was said to have committed because the offence with which he was charged was covered by clause (c) of section 195 (1) of the code of criminal procedure. ..... therefore, it cannot be successfully maintained that the proceeding under section 476, ..... in the judgment in so far as the advocate is concerned, therefore, are illegal and cannot be allowed to stand. ..... cannot .....
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