Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 167 procedure when investigation cannot be completed in twenty four hours Page 15 of about 893 results (0.420 seconds)

Sri H. D. Kumarswamy Former Chief Minister of Son of Sri H.D. Devegowd ...

Court : Karnataka

..... therefore, section 14 of the karnataka lokayukta act, 1984 does not preclude application of provisions of code of criminal procedure, 1973 for initiation of complaint, inquiry and trial as provided under section 4(2) of the code of criminal procedure. ..... of complaint based upon the report ol lokayukta and initiation of complaint/prosecution when the report of lokayukta is yet to be accepted by the competent authority has held:- "6.2) of course, it is seriously contended by mr.vijavashankai, learned senior counsel appearing for the petitioner that it would be very unsafe for the respondents or for the jurisdictional magistrate much less to this court to act upon and/or to initiate, to investigate, to prosecute or to pass any orders based upon the lokayukta report which ..... is yet to be accepted by the government; or based upon the satellite maps enclosed along with the lokayukta report and filed upon by the respondents herein identifying the impugned areas as encroached areas by the petitioner, as such report or the maps cannot be a conclusive evidence against the petitioner as they were not parties .....

Tara Dutta Vs. the State and anr.

Court : Kolkata

Reported in : AIR1975Cal450,79CWN996

..... ' in our view these well-recognised princi-pies should be applied to section 200 of the code of criminal procedure, 1898 we should not try to import an obligation on the part of the magistrate to make enquiries about witnesses present in court when the statute does not provide for such obligation however desirable or reasonable it might be. 45. ..... under section 203 if after considering the statements on oath (if any) of the complainant and of the witnesses and the result of inquiry or investigation (if any) under section 202, the magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. ..... even if no witness is examined at that stage before issuing summons, such non-examination cannot be held to be fatal though such examination of witnesses is mandatory and it may be regarded as a curable irregularity as it does not cause prejudice either to the complainant or to the accused. 19. ..... the accused may have a complete defence which would be considered at the trial. ..... due to the failure of the magistrate to record in his order-sheet of the 17th august, 1973, that no witness of the complainant was present in court. 6. ..... it has four sections, namely. .....

State of N.C.T. of Delhi Vs. Ajay Kumar Tyagi

Court : Supreme Court of India

..... in the present case, before the said stage reached, the accused filed an application under section 482 of the code of criminal procedure for terminating the criminal proceedings and the high court fell into error in quashing the said proceedings on the premise that the accused has been exonerated ..... juncture, an application for quashing of the proceedings was filed before the high court under section 482 of the code of criminal procedure which was allowed relying on state of haryana v. ..... accused resorted to another remedy under section 482 of the code of criminal procedure and prayed for quashing of the first information report lodged against him under section 7/13 of the prevention of corruption ..... is necessary and material is whether the facts collected during investigation would constitute the offence for which the sanction has been ..... of february, 2007, it dismissed the writ petition inter alia observing as follows:hence, i do not find the action of the respondents in keeping the departmental proceedings in abeyance to be in any manner unjustified specially when the petitioner inspite of the pendency of the criminal case against him has not been suspended from service and is continuing to perform his duties.6. ..... , therefore, rendered on the facts obtaining therein and cannot be said to be an authority for the proposition that exoneration in departmental proceeding ipso facto would lead to a judgment of acquittal in a criminal trial.20. ..... the trial court within four weeks from today. .....

Mir Mohammed Ali Vs. State of A.P. and Another

Court : Andhra Pradesh

Reported in : 2000(5)ALD51; 2000(4)ALT541; 2000CriLJ4058

..... , including the sessions courts, shall try the offences where the ut prisoners cannot be released, as directed by the supreme court in common cause case on priority basis by following the provisions of section 309 of the code of criminal procedure, 1973; (5) all the ut prisoners who are accused of multiple offences and who have been in jail for maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were ..... a sentinel on the qui vive, to enforce the fundamental right of the accused to speedy trial by issuing the necessary directions to the state which may include taking of positive action, such as augmenting and strengthening the investigate machinery, setting up new courts, building new court houses, providing more staff and equipment to the courts, appointment of additional judges and other measures calculated to ensure speedy trial.....'27. ..... therefore, the ut prisoners should be informed of their rights under section 167(2) of the code of criminal procedure, 1973 and should be released on personal bond keeping the amount of the bondat a reasonable quantity depending on the individual's ..... release of ut prisoners who are detained for more than one year facing charges of offences punishable with death/imprisonment for life of twenty years under the narcotics drugs act on bail on execution of personal bond. ..... (ii) when the trial is not completed expeditiously within a reasonable time, it is unconstitutional to keep the untried detenu in .....

Yashodamma W/O Late Shivalingegowda Vs. the State of Karnataka by Stat ...

Court : Karnataka

Reported in : ILR2008KAR495; 2008(3)KarLJ117; 2008(1)KCCRSN45; 2008(2)AIRKarR299(DB)

..... state of karnataka : ilr1985kar3098 , a learned single judge of this court observed that the order of remand under section 309 of the code of criminal procedure can be only if the accused are in custody authorised by law, but that where detention is beyond the period of 90 days stipulated under section 167 of the code of criminal procedure, detention being unauthorized, remand order under section 309 of the code of criminal procedure cannot be made. ..... : 1953crilj113 that detention of a person in custody after the expiry of the remand order, without any fresh order of remand committing him to further custody while adjourning the case under section 344 of the code of criminal procedure is illegal, he also placed reliance on the observation of the supreme court in central bureau of investigation, special investigation cell-1, new delhi, v. ..... when an application for bail is filed by an accused for enforcement of his indefeasible right alleged to have accrued in his favour on account of default on the part of the investigating agency in completion of the investigation within the specified period, the magistrate/court must dispose of it forthwith, on being satisfied that in fact the accused has been in custody for the period of 90 days or 60 days, as specified and no charge sheet has been filed by the investigating agency. ..... these four petitions have been filed under section 439 of the code of criminal procedure, for grant of bail. .....

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... (3) whether the conditions in section 37 of the act relating to giant of bail override the effect of the proviso to section 167(2) of the code of criminal procedure, 1973 (in short, the 'code'), and/or whether the said proviso to section 167(2) of the code has no application to an accused under the act ? ..... thus even in case of an offence exclusively triable by the court of session, the police report on completion of investigation has to be submitted to the magistrate having jurisdiction to commit the accused for trial. ..... section 50 gives the person about to be searched the right to demand the search to be made before a gazetted officer of the department mentioned in section 42 or before the nearest magistrate, when such a right is to be exercised, obviously the search under section 43(b) cannot be carried out until the man is taken before the gazetted officer or the magistrate. ..... in the absence of any specific provision to show that the court of session shall be the special court for all purposes, whether a person can be forwarded to it by a magistrate in terms of section 36-a(1)(c) 'these four cases came before the division bench consisting' of hon'ble g. b. ..... most of the offences are punishable with a minimum sentence of imprisonment for ten years which may extend to twenty years and the minimum fine rs. .....

Pramatha Nath Taluqdar Vs. Saroj Ranjan Sarkar

Court : Supreme Court of India

Reported in : AIR1962SC876; [1962]Supp2SCR297

..... is that the learned chief presidency magistrate who dealt with the first complaint completely misdirected himself as to the true scope and effect of sections 203 and 204 of the code of criminal procedure and this, it is contended, resulted in a manifest miscarriage of justice when he dismissed the first complaint under s. ..... . 202, criminal procedure code, and has judicially applied his mind to the material before him and then proceeds to make his order it cannot be said that he has ..... the said trust-deed he appointed promode ranjan sarkar, pramatha nath talukdar and narendra nath law as the trustees; but the beneficiaries under the trust-deed were his four brothers, namely, promode ranjan sarkar, pabitra ranjan sarkar, prafulla ranjan sarkar and saroj ranjan sarkar, as also santi ranjan sarkar, the son of a deceased brother. ..... . in that view of the matter, he ruled that if in the opinion of the magistrate, the evidence against the accused 'cannot possibly justify a conviction' there was nothing in the code to prevent the magistrate from discharging the accused even though the evidence consisted of statements of witnesses who claimed to be eye-witnesses, but whom the magistrate ..... 196a of the code of criminal procedure cannot be evaded by resorting to a mere device or camouflage ..... 167 the same test was again applied when it was observed : 'there is nothing to indicate that there was no proper investigation on the previous complaint or that there was any necessity for investigating the second .....

Emperor Vs. Vishram Narayan Devli

Court : Mumbai

Reported in : (1930)32BOMLR596

..... the witnesses for the prosecution were examined and cross-examined; the accused (that is, the petitioner) was examined by the court at some length under section 342, criminal procedure code; then the charge was framed; the accused was asked if he wished to cross-examine the prosecution witnesses further and he said he did not; and lastly some defence witnesses, who were present in court, were ..... 600:-it would depend on the facts of each case whether the contravention of section 256 of the criminal procedure code amounts to a mere irregularity of procedure or to an illegality vitiating the trial.that is in accordance with the view of other high courts: king-emperor v. ..... provided that the accused are examined after the evidence for the prosecution is completely closed, and before they are called on for their defence, i do not think it makes any difference whether the examination takes place before or after the framing of the charge. ..... 318):-it appears to be clear enough that the accused did not wish to re-summon any witness, for, when they were represented by counsel on the 19th of may, the witnesses were not re-summoned, as i have no doubt they would have been had any application been made on behalf of the accused. ..... this case cannot, i think, be regarded as an authority for the proposition that any breach of the provisions of section 256 necessarily involves the quashing of the proceedings. .....

Bhalchandra G. Naik Vs. Suresh Melvani and Another

Court : Mumbai

Reported in : 2000(5)BomCR221; 2000BomCR(Cri)221; 1999CriLJ1908

..... the petitioner had filed criminal revision application before the learned sessions judge against the order of the trial court by invoking powers under section 397 of the code of criminal procedure, 1973. ..... 1 herein, considering the provisions contained in the code of criminal procedure, 1973, the accused/petitioner is not entitled to insist for the copies of the documents on which the complainant wants to rely upon be furnished to the accused and the accused can very well inspect the documents when the same are produced by the complainant in the course of inquiry/trial.3. ..... the explanation to the said definition of the expression 'complaint' provides that a report made by the police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant. ..... in the said judgment, the apex court has further ruled thus ;-'ordinarily, when revision has been barred by section 397(3) of the code, a person accused/complainant-cannot be allowed to take recourse to the revision to the high court under section 397(1) or under inherent powers of the high court under section 482 of the code since it may amount to circumvention of the provisions of section 397(3) or section 397(2) of the code. .....

State of Maharashtra Vs. Sanjay Moreshwar Damle and Others

Court : Mumbai

Reported in : 1999(2)ALD(Cri)755; 2000(5)BomCR877; 1999CriLJ3806; 1999(3)MhLj881

..... an express provision for cancellation of bail under section 439(2) of the code of criminal procedure, inherent powers under section 482 of the code of criminal procedureso also powers under article 227 of the constitution cannot be resorted to. ..... the learned counsel for the complainant, this court has held-'in situation where passing of an anticipatory bail order is ultimately and where it should interfere with the investigating authority's right of having a fair and reasonable opportunity to investigate into the guilt or otherwise of the accused has been encroached upon and in particular, in instances where the grounds on which the bail order has been granted, ..... the state may aswell approach the high court being the superior court under section439(2) to commit the accused to custody, when, however, the state isaggrieved by the order of the sessions judge granting bail and thereare no new circumstances that have cropped up except those alreadyexisted, it is futile for ..... the preliminary objection raised by shri pendsey, learned counsel for the non-applicants and further hold that all the above referred four revisions filed by the state as well as complainant are not maintainable against the impugned order of grant of bail, dated ..... sub-section (2) of section 397 of the 1973 code may be extracted thus : the powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in ..... this controversy is completely covered by the judgment of the .....