Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 167 procedure when investigation cannot be completed in twenty four hours Page 19 of about 893 results (0.280 seconds)

Ravinder Bhatia Vs. Satnam Singh and Another

Court : Delhi

Reported in : 1990CriLJ2467; 1990(2)Crimes582; 40(1990)DLT386; I(1990)DMC580; 1990(18)DRJ241; 1990RLR21

..... section 403 of the code of criminal procedure clearly lays down that no party has any right to be heard either personally or by pleader before any court exercising its power of revision but the court may, if it thinks fit, when exercising such power, hear any party either personally or by ..... the criminal revision had been brought under section 397 of the code of criminal procedure, against an order dated august 4, 1988, of shri shiv charan, metropolitan magistrate, seeking the relief that warrants of arrest issued against the petitioner may be ..... : 1979crilj33 , it was laid down that once a judgment has been pronounced by a high court either in exercise of its appellate or its revisional jurisdiction, no review or revision can be entertained against that judgment as there is no provision in the code of criminal procedure which would enable the high court to review the same or to exercise revisional jurisdiction. ..... was also clarified that inherent powers of the high court also cannot be invoked to exercise a power which is specifically prohibited by the code of criminal procedure. 5. ..... question which arises for consideration is whether such an order could be recalled and the criminal revision could be revived for giving some hearing to counsel for the petitioner. ..... the second criminal revision was filed after some period when no progress was made in the trial and the question arose whether the high court could entertain the second petition for seeking the quashment of ..... 187/89 cannot be now .....

Sajjan SharmA. Vs. State of Bihar.

Court : Supreme Court of India

..... is our experience that in criminal trials in bihar no proper attention is paid to the framing of charges and the examination of the accused under section 313 of the code of criminal procedure, the two very important stages in a criminal trial. ..... pw5, binodanand kumar stated that on the date of the occurrence he was scattering fertilizer in his banana field when all of a sudden on hearing the sound of firing and noise, he looked around and saw the accused persons, including the appellant coming from the ..... district and sessions judge, naugachia) found and held that the prosecution was able to fully establish the guilt of the accused and by judgment and order dated august 2, 2001, convicted all the four accused under section 302 of the penal code and section 27 of the arms act and sentenced them to rigorous imprisonment for life under section 302 of the penal code and rigorous imprisonment for 1 year under ..... but his statement was admittedly recorded by the police after ten or twenty days of the occurrence and till then he had not disclosed the name of the appellant as one of the accused to mukesh or to any ..... the police after investigation submitted chargesheet against seven accused persons of whom five were named in the fard-e-beyan/fir and two namely, sajjan sharma (the appellant) and mantu chaudhri were not named in the fard ..... , senior advocate, appearing for the appellant submitted that the appellant's conviction cannot be legally sustained under section 302 of the penal code alone. mr. .....

Birabhanu Mohapatra Vs. Narendra Nath Mohanty and ors.

Court : Orissa

Reported in : 2004(I)OLR695

..... and they filed an application under section 133 of the code of criminal procedure for a direction to the present petitioner to remove the nuisance caused due to running of a factory by the ..... against the order of the executive magistrate, cuttack passed under section 133 of the code of criminal procedure directing the petitioner to shift an industry from the site where it is located at present and the order passed by the learned sessions judge, cuttack in criminal revision no. ..... section 133 of the code of criminal procedure prescribes that whenever a district magistrate or a sub-divisional magistrate or any other executive magistrate specially empowered in this behalf by the state government, on receiving the report of a police officer or other information and on taking such evidence ..... the learned counsel for the petitioner referring to the said section submitted that a local inspection is required to be made by the learned executive magistrate but no such inquiry/inspection ..... for the purpose of manufacturing the items as stated above, there cannot be any dispute that hammering and cutting of iron sheets as well as angles ..... in the present case there cannot be any dispute about such proposition ..... to be led by the prosecution and the burden to lead evidence is on the prosecution irrespective of the fact whether the objector leads or does not lead any evidence before the ex parte order passed under sub-section (1) of section 133 cr.p.c. ..... the working hour of the factory is from 8 a.m. to 8 .....

Direndra S/O Ashwani Shikdar Vs. State of Maharashtra

Court : Mumbai

Reported in : (1991)93BOMLR94

..... thus, it appears that there is no provision in the code under which the sessions judge can call any case or appeal from the file of the subordinate criminal court to himself, and this power is not given to the sessions judge since this power is vested exclusively in the high court under section 407 of the code of criminal procedure. ..... section 408 of the code of criminal procedure deals essentially with the powers of the sessions judge to transfer a particular case from one criminal court to another criminal court in his sessions division. ..... sirpurkar has rightly submitted that the public prosecutor should have moved the high court under section 407(1)(c)(iii) of the code of criminal procedure, requesting for commital of criminal case no. ..... out of the five accused, accused direndra and accused malin (the present applicants) felt aggrieved by the said order and hence this application under section 482 of the code of criminal procedure.2. mr. ..... (1) whenever it is made to appear to the high court-(a) that a fair mid impartial inquiry or trial cannot be had in any criminal court subordinate thereto, or(b) that sonic question of law of unusual difficulty is likely to arise, or(c) that an order under this section is required by any provision of this code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.it may order-(i) ... ... ...(ii) ... ... ... ..... i am satisfied that the impugned order cannot be sustained. .....

Shiv Dayal Arora and anr. Vs. Smt. Renu Arora

Court : Punjab and Haryana

Reported in : 2007CriLJ2972

..... , at the most it would amount to an irregularity under section 462 of the code of criminal procedure as the petitioners had failed to show whether any prejudice had been caused to them due to the investigation or enquiry conducted by the police of police station, kalanwali.9 ..... articles, and by not doing so, they prima facie committed an offence giving territorial jurisdiction to the amritsar courts and thus the finding of this court is in consonance with the provisions of section 181(4) of the code of criminal procedure, which lays down that any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject to the offence ..... thus, without completion of investigation, it cannot be said that the police ..... it was held therein as under:on the point of jurisdiction, it transpires that the articles of dowry were entrusted at kalanwali when the marriage took place and the petitioners are expected to return these dowry articles to her at her parents house in village kalanwali where she is ..... we further find that the case, of criminal misappropriation comes very close to one of the illustrations in bests case (supra) cited in deokaran nenshil's case 1973 cri lj 347 (supra) in which it was held that the offence of withholding the money was a continuing offence, the basis of the decision being that every day that the money is wilfully withheld, .....

State of Maharashtra Vs. Dr. B.K. Subbarao and Another

Court : Mumbai

Reported in : 1993CriLJ2984

..... the accused at the same time filed a composite petition under section 482 of the code of criminal procedure, 1973, wherein he once again substantially repeated what he had been pointing out again and again, namely that according to him there was no material that according to him there was no material on the basis of which any ..... where a citizen is put on trial for so grave an offence of this category, one cannot proceed on the basis of loose statements of this type, but it will be absolutely essential if the procedure prescribed by law is to be adhered to that the investigative agency places before the trial court at the time when it asks for a charge, the material from which these cardinal ingredients of the section can be said to have been completely made out. ..... it is unfortunate that in the course of the litigation which started on 31-5-1988 and after a lapse of three years and four months has still not been concluded that the prosecution repeatedly get away by describing to the court the titles of these documents and creating the unmistakable impression on every single court that these were, in ..... to the pressure of work and the fact that the day-to-day admissions and part-heard appeals could not be allowed to pile up while the present judgment was dictated, that i set apart one or two hours each afternoon for purposes of completion of this dictation. ..... has virtually overruled his brother judge's order within less than 48 hours after it was passed. .....

Assistant Collector of Customs and anr. Vs. L.R. Malwani and anr.

Court : Supreme Court of India

Reported in : AIR1970SC962; 1970CriLJ885; [1969]2SCR438

..... in a case investigated by a police officer under chapter xiv of the criminal procedure code, followed up by a final report under section 173, criminal procedure code. ..... this court further held that where a person against whom proceedings had been taken by the sea customs authorities under section 167 of the sea customs act and an order for confiscation of goods had been passed, was subsequently prosecuted before a criminal court for an offence under section 23 of the foreign exchange regulation act in respect of the same act, the proceeding before the sea customs authorities was not a ..... said rule thus :'the effect of a verdict of acquittal pronounced by a competent court on a lawful charge and after a lawful trial is not completely stated by saying that the person acquitted cannot be tried again for the same offence. ..... that the legislature has applied its mind to the question of the amendment of the procedure so far as the investigation of an offence under the sea customs act is concerned at the time when it was considering amendments to the criminal procedure code' is without any basis. ..... to the conclusion that the documents in question, if not produced in court are likely to be destroyed or tampered with or the same are not likely to be made available when required. ..... magistrate that he would keep in readiness the statements of witnesses recorded by the customs authorities and shall make available to the defence counsel the statement of the concerned witness as and when he is examined. .....

Mt. Mithan and anr. Vs. Municipal Board of Orai and State of U.P.

Court : Allahabad

Reported in : AIR1956All351; 1956CriLJ1383

..... lordships found it difficult to see how the proceedings under section 3(1), press act could be deemed criminal proceedings within the code of criminal procedure.in the case of 'rajani khemtawali (e)', stephen and carnduff ..... dealing with such offences (vide section 5).thus the code lays down the procedure to be followed in every investigation, inquiry into, or trial for, every offence, whether under the indian penal code or under any other law. ..... with a first class magistrate exercising jurisdiction under section 247(1) of the municipalities act and cannot be said to be a lower or inferior court.similarly a district magistrate when exercising jurisdiction under the code cannot be said to be a superior or higher court than a magistrate first class exercising jurisdiction under section 247(1) of the municipalities act, or a court of session cannot be said to be a higher court than him.the high court is not created by the code; under the constitution it has powers of superintendence ..... a crime in the presence of the magistrate (under section 64), to prohibit repetition or continuance of a public nuisance (under section 143), to pass orders to prevent danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot (under section 144) and to appoint a public prosecutor for any case (under section 492).among the proceedings other than trials for offences and investigations and inquiries in connection with trials, for which the code provides are those under .....

Gaya Prasad Misra Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1960All618; 1960CriLJ1290

..... section 173 of the code of criminal procedure requires in cl, fa) of sub-section (1) that as soon as an investigation under chapter xiv is completed, the officer in charge of the police station shall forward to a magistrate empowered to take cognizance of the offence on a police report the names of the parties, the nature of information received and other particulars mentioned in the section ..... decision, shall be endorsed on, or attached to, the final report; (6) when the reason for not instituting a prosecution is that the charge is believed to be baseless, no further action will be necessary if the charge is believed to be true and a prosecution is not undertaken owing to the evidence being considered insufficient or for any other reason the superintendent may, when the final report under section 173, criminal procedure code, has been accepted by the district magistrate, take departmental action as laid ..... even if he was examined after the rest of the case had closed, the petitioner cannot grudge the examination of ramdayal who was examined to prove a certain document only while opportunity to cross-examine him had ..... in this connection it will be worthwhile to mention that amongst the four charges which had been served upon the petitioner in the course of the departmental proceedings the charge as regards the purchase of the house by the wife and default in submitting that information to the ..... document the superintendent of police laid four distinct charges against the petitioner. .....

Sunil Kumar Paul Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1964SC706; 1965CriLJ630; [1964]7SCR70

..... (2) save as provided in sub-section (1).........the provisions of the code of criminal procedure, 1898, shall, so far as they are not inconsistent with this act, apply to the proceedings of a special court; and for the purposes of the said provisions, a special court shall be deemed to be a court ..... they are : '4(1) notwithstanding anything contained in the code of criminal procedure, 1898, or in any other law, the offences specified in the schedule shall be triable by special courts only : provided that when trying any case, a special court may also try any offence other than an offence specified in the schedule, with which the accused may under the code of criminal procedure, 1898, be charged at the same trial. . ..... the time of framing the charges, therefore to consider what different offences could be made out on the basis of the allegations made by the prosecution in the complaint or in the charge submitted by the investigating agency or by the allegations made by the various prosecution witnesses examined prior to the framing of the charge. ..... to a complaint and further enquiries and investigation which ended in prosecution of the appellant ..... have been alleged prior to the stage of the framing of the charge in the present case must have been what had been stated in the charge-sheet submitted by the investigating officer, 24-parganas, which is printed at p. ..... therefore arises when it cannot be said with any definiteness, either by the prosecutor or by the court, that such and such .....