Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 382 petition of appeal Page 1 of about 764 results (0.159 seconds)

Additional Director General Cum Ig (Prisons) Vs. Union of India and or ...

Court : Delhi

Reported in : 2002VIAD(Delhi)454; 2002CriLJ2127; 96(2002)DLT653; 2002(62)DRJ163

..... section 382 of the code of criminal procedure, 1973 provides that every petition/appeal shall be in writing and in the form of a petition presented by ..... in order to obviate the difficulties projected before us, we hereby direct that the following procedure be followed in respect of jail petitions: i) jail petitions/appeals duly typed in english in proper from along with copy of judgment/order and other relevant documents, if any, with english translation of vernacular documents should be sent through the officer-in-charge, ..... section 383 of the code provides that if the appellant is in jail he may present his petition/or appeal and copies of documents accompanying they same through the officer in-charge of jail who is required thereupon to forward ..... criminal appeal/jail petition shall thereafter be listed before the concerned court showing the name of advocate appearing on behalf of the legal services authority in such jail petitions/appeals ..... criminal appeal/jail petition the appellant/petitoner shall state that no such appeal/jail petition application in the same matter has previously been filed, and without that statement such appeal/petition shall ..... criminal appeals/jail petitions so filed shall be accepted by the filing counter of the registry and give the filing number to the official filing such appeals/petitions ..... vi) the criminal appeals/jail petitions shall be scrutinised by the registry and if any objection is found the same be permitted to the removed by the nominated counsel .....

Surendra Prasad Vs. Niraj Thapa and anr.

Court : Sikkim

Reported in : 2009CriLJ4516

..... even the relevant provisions of code of criminal procedure, 1973 (for short, 'the cr. p.c. ..... - (1) if upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the appellate court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:provided that:(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same ..... (4) where an appeal presented under section 383, has been dismissed summarily under this section and the appellate court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.386. .....

Jeetu Alias Jitendera and ors. Vs. State of Chhattisgarh.

Court : Supreme Court of India

..... section 374 of the code of criminal procedure, 1973 (for short "the code") deals with appeals from ..... right of appeal, thus, can neither be interfered with or impaired, nor can it be subjected to any condition.xxx xxx xxx xxxthe right to appeal from a judgment of conviction vis--vis the provisions of section 357 of the code of criminal procedure and other provisions thereof, as mentioned hereinbefore, must be considered having regard to the fundamental right of an accused enshrined under article 21 of the constitution of india as also the international covenants operating in the ..... section 382 of the code deals with petition of appeal ..... the state of uttar pradesh [air 1979 sc 745] and thereafter opined that even if the high court chooses to dismiss the appeal summarily, some brief reasons should be given so as to enable this court to judge whether or not the case requires any further ..... to reproduce what the learned single judge has recorded about the submission of the learned counsel for the accused-appellants: -"learned counsel appearing for the appellants submits that he is not pressing this appeal as far as it relates to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. ..... chandrika [(1999) 8 scc 638], the high court in an appeal accepted the plea bargain and maintained the conviction of the respondent under section 304 part 1 of i.p.c but altered the sentence to the period of imprisonment already undergone and to pay a fine .....

Harish Ramesh Pulekar Vs. The State of Maharashtra

Court : Mumbai

..... by the said judgment and order, the learned i/c adhoc district judge convicted the appellant under section 235 (2) of the code of criminal procedure, 1973 for the offence punishable under section 302 of ipc and sentenced him to life imprisonment and to pay a fine of rs.1,000/- ..... found), being almost identical to the wire (article 20-a) being seized from the house of the appellant, is a very strong circumstance against the appellant which has not been explained by him in his statement under section 313 of the code of criminal procedure, 1973. ..... is a highly incriminating circumstance against the appellant which has not been explained by him in his statement under section 313 of the code of criminal procedure. ..... as far as motive is concerned, it is an admitted fact that the relations between the appellant and the deceased yogini (his wife) were strained and in fact a divorce petition between two was pending in court. ..... for all the aforesaid reasons, we find no merit in the appeal and the same is hereby dismissed. ..... during pendency of the divorce petition, on 24th july 2006, the appellant took the deceased yogini to ami park lodge at ambadi ..... is the duty of the accused to explain the incriminating circumstance proved against him while making a statement under section 313 crpc. ..... came to be framed against the appellant under section 302 of ipc. ..... , exception is taken to the judgment and order dated 27th december, 2007 passed by the i/c adhoc district judge-i, thane in sessions case no.382 of 2006. .....

Smt. Subha Raj and anr. Vs. Sankar Sarkar and anr.

Court : Supreme Court of India

Reported in : 2007CriLJ4293; JT2007(9)SC644; 2007(II)OLR(SC)674a; 2007(9)SCALE346

..... in this appeal is to the order passed by a learned single judge of the calcutta high court allowing the application under section 401 read with section 402 of the code of criminal procedure, 1973 (in short the 'code'). 3 ..... had styled the petition as one under section 401 read with section 402 of the code, the high court erroneously treated it to be a petition under section 482 of the code. ..... high court the revision petition was treated to be one under section 482 of the code, though styled as one under section 401 read with section 402 of the code. ..... therefore, without expressing any opinion on the merits of the case and maintainability of the petition before the high court, we set aside the impugned order and remit the matter to the high court for fresh disposal in accordance with law ..... clear from the cause title that the case was registered to be one under the criminal revisional jurisdiction and in view of the bar contained in the code second revision was not maintainable. ..... main grievance in support of the petition is that the appellants were not granted opportunity of being heard before the petition was allowed by the learned judge. ..... the high court allowed the petition and directed the magistrate to issue process against the ..... a complaint alleging commission of offences punishable under sections 323, 342, 382, 386 read with section 120b of the indian penal code, 1860 (in short the 'ipc'). ..... initially in the present petition the appellants were impleaded as parties but at the request of .....

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

Court : Allahabad

Reported in : 2002CriLJ1392

..... of the code of criminal procedure 1973 under caption 'appeal' contains twenty three sections running from. ..... : air 1999 sc 22 where it is laid down that availability of effective and efficacious remedy will not operate as bar to approach the high court under article 226 of the constitution in at least three contingencies, namely where writ petition has been filed for enforcement of fundamental rights, or where there has been violation of principle of natural justice or where the order or proceedings are without jurisdiction or vires of an act is challenged.19. in view of discussions made ..... in the case in hand, the initial burden as aforesaid had not been discharged by the state, yet the learned special judge with the aid of sub section (5) came to hold that the petitioners could not prove that badan singh had not acquired the properties as a 'gangster' as a result of commission of any offence under the act and consequently, affirmed the order ..... 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 ..... the orders of the district magistrate as well as the special judge, the petitioners have approached this court by filing these two writ petitions under article 226 of the constitution for quashing of the said two orders and for release rest of the properties from attachment.2. ..... sections 381 and 382 prescribe the procedure for filing of appeal in the court of sesions and the manner .....

Ammanamma and ors. Vs. State of Karnataka

Court : Karnataka

Reported in : 2005CriLJ2341; ILR2005KAR1029; 2005(2)KarLJ279

..... summarily under this section and the appellate court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law'.as per said provision, court can hear and dispose of an appeal filed by accused under section 382, even if jail appeal filed by accused under section 383 is dismissed summarily ..... the question referred to the bench is:'whether in cases where appeal against conviction if filed and appeal against enhancement is also filed, the bench considering the same is required to dispose of the same simultaneously and together; and if such procedure is not followed, what is its effect and remedy available to the aggrieved party?'2. ..... when said state appeal was taken for consideration, filing of and pendency of two criminal appeals filed by the accused challenging their conviction was brought to the notice of the division bench. .....

K C Mahesh Kumar Vs. State by Cbi Acb

Court : Karnataka

..... prasanna kumar, special public prosecutor ) ***** this criminal appeal filed under section 374(2) of the code of criminal procedure, 1973, by the advocate for the appellant /accused no.2 praying to set aside the order dated 12.10.2010 passed by the xxxii additional city civil and sessions judge and special judge for cbi cases, bangalore in spl.c.c.no.76/2006 convicting the appellant/accused for the offence punishable under section 120(b) read with 467, 468, 471 and 420 of ipc and ..... prasanna kumar, special public prosecutor ) ***** this criminal appeal filed under section 374(2) of the code of criminal procedure, 1973, by the advocate for the appellant /accused no.1 praying to set aside the order dated 12.10.2010 passed by the xxxii additional city civil and sessions judge and special judge for cbi cases, bangalore in spl.c.c.no.76/2006 convicting the appellant/accused for the offence punishable under section 120(b) read with 467, 468, 471 and 420 of ipc and ..... prasanna kumar, special public prosecutor ) ***** this criminal appeal filed under section 374(2) of the code of criminal procedure, 1973, by the advocate for the appellant /accused no.3 praying to set aside the order dated 12.10.2010 passed by the xxxii additional city civil and sessions judge and special judge for cbi cases, bangalore in spl.c.c.no.76/2006 convicting the appellant/accused for the offence punishable under sections 120(b) read with 467, 468, 471 and 420 of ipc and ..... 42 the petitions are allowed in terms as .....

M/s. Shanthi Fortune (India) Limited and Another Vs. M/s. Mukka Sea Fo ...

Court : Karnataka

..... criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore and order dated 1.4.2013 passed in c.c.no.694/2009 by the jmfc (v court), d.k,, mangalore, by allowing this petition, ..... criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore and order dated 1.4.2013 passed in c.c.no.697/2009 by the jmfc (v court), d.k,, mangalore, by allowing this petition ..... (prayer: this criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, ..... court had again followed the same procedure and had again convicted the petitioners, against which, criminal appeals no. ..... is said to have filed appeals in criminal appeals no. ..... the petitioners are said to have filed appeals in crl.appeals no.143, 144 and 146 to 161 of 2012 against the said ..... the appeals filed by the petitioners were said to have been allowed and the matter .....

M/S Shanthi Fortune(india) Ltd Vs. M/S Mukka Sea Foods Industries

Court : Karnataka

..... 1.4.2013 passed dated order and and order dated 5 in crl.r.p.no.236/2014 and and order dated passed 1.4.2013 this criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore in c.c.no.665/2009 by the jmfc (v ..... 1.4.2013 passed dated order and order and 7 in crl.r.p.no.242/2014 and and order dated passed 1.4.2013 this criminal revision petition is filed under section 397 and 401 of the code of criminal procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in crl.a.no.150/2013 to 167/2013 by the court of iii additional district and sessions judge, dakshina kannada, mangalore in c.c.no.694/2009 by the jmfc (v ..... the respondent, in turn, is said to have filed appeals in criminal appeals no.162 to 179 of 2012, claiming enhancement of the sentence. ..... 15 on such remand, the trial court had again followed the same procedure and had again convicted the petitioners, against which, criminal appeals no.150 to 167 of 2013 are said to have been filed. ..... the petitioners are said to have filed appeals in crl.appeals no.143, 144 and 146 to 161 of 2012 against the said judgments of the trial court. ..... the appeals filed by the petitioners were said to have been allowed and the matter remanded for a de novo trial. .....