Court : Chhattisgarh
..... filed the instant petition stating inter alia that though section 438 (1-b) of the code has been brought into statute book by the code of criminal procedure (amendment) act, 2005 but the said provision has not brought into force as on date under sub section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 and, therefore, order directing personal presence of the ..... the parties and considered the rival submissions made therein and perused the record with utmost circumspection. (8) section 438 of the principal act was amended by section 38 of the code of criminal procedure (amendment) act, 2005 (no. 25 of 2005) with effect from 23.06.2005, which reads as under:- ??(1b) the presence of the applicant seeking anticipatory bail shall be obligatory ..... central government by notification in the official gazette as required under sub-section (2) of section 1 of the act, 2005 ..... notification issued by central government would show that section 38 of the amending act, 2005 by which section 438 of the code has been amended and section 438(1-b) has been inserted, has not been brought into force by aforesaid notification. (12) thus, as on date section 438(1-b) of the act, 2005 has not been brought into force by the .....Tag this Judgment!
Court : Supreme Court of India
..... position was made abundantly clear namely cognizance of an offence punishable under the act could be taken upon a report of police officer filed under section 173 of the code of criminal procedure. contention of the appellants that the said amendment came into effect only from 15.6.2007 with the passing of electricity amendment act, 2007 has been repelled by the high court taking note of the ..... the cases under this act are also to be governed by the code of criminal procedure.24. in this backdrop, the notification dated 8.6.2005 issued by the central government in exercise of powers under section 176 of the electricity act also requires a mention. vide this notification the electricity rules, 2005, have been framed and rule 12, which is relevant, reads as under:12. (1) the police shall ..... prejudice the actions under the provisions of the indian penal code. the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments in section 151 of the prinicipal act was also amended and provisions in sections 151, 151(a), 151 (b) were inserted. in the statement of objects and reasons for amending the act, it was stated as under: 4. as per the provisions .....Tag this Judgment!
Court : Andhra Pradesh
..... is by further amendment under act 55 of 2002 which came into force with effect from 06.02.2003 incorporating new sections 143 to 147 in this chapter by amending the existing sections among 138 to 142 to some extent; by introduction of section 144 regarding mode of service of summons with non- abstanti clause which reads: 'notwithstanding anything contained in the code of criminal procedure, 1973 and ..... 1043 of 2005 was later admitted and ..... and empowerment by section 143(1) of the n.i.act. 2) against said acquittal judgment the complainant preferred the appeal before this high court under section 378(4) cr.p.c with leave that was granted on 11.07.2005 as per the law as on that date (since section 372 cr.p.c came into force from 31.12.2009).the criminal appeal no. ..... (2006).scc4565. (1999).scc5106. (2004).scc7747. 2003(1) ls4678. air2011sc11379. air1966(all.)84(fb) 10. 1982(2) (sc) aplj4311. air(sc)2004-408: (para-12) 12. 2011(1) ald (crl.) 201 (ap) 13. (1983).scc17714. air1965sc44415. (2013)11 scc45116. (2005).scc40017. (1990).scc36618. air1961sc159619. air1976sc99720. air1977sc26521. (2001).scc6122. (2002).scc53323. 1990 sc98124. (2002).scc29725. air1996sc218426. 2013(3) crimes (p&h)-613 27. 2011 .....Tag this Judgment!
Court : Australia High Court
..... 2005] hca 12; (2005) 223 clr 1 at 17 ;  hca 12.  cf barbaro v the queen (2014) 88 aljr 372 at 382 ;  hca 2; 305 alr 323 at 335-336;  hca 2.  section 19 (renumbered s 24) of the criminal procedure act 1986 (nsw), introduced by the criminal procedure (amendment) act 1988 (nsw).  section 100ha of the justices act 1902 (nsw), introduced by the justices (amendment) act ..... , parliamentary debates (hansard), 1 may 1986 at 3591.  new south wales, legislative council, parliamentary debates (hansard), 18 november 1986 at 6514.  criminal procedure (amendment) act 1988 (nsw), s 3.  statute law (miscellaneous provisions) act 1989 (nsw), sched 2.  unlike s 43, s 24(1) provided expressly that the court "whether or not differently constituted" might re-open the proceedings ..... much emphasis was placed in those decisions upon the remedial purpose of the provisions. the remedial purpose of s 24 of the criminal procedure act was invoked in ho v director of public prosecutions to justify giving the section "the widest possible operation", extending to the correction of a sentence imposed as a result of "an error of law in .....   3 nzlr 39 at 40.   3 nzlr 39 at 41.  section 372 of the crimes act 1961 (nz), and the similar provision, s 77 of the summary proceedings act 1957 (nz), were repealed, and were replaced by ss 180182 of the criminal procedure act 2011 (nz).   ussc 23; 368 us 424 at 430 (1962).   .....Tag this Judgment!
Court : Andhra Pradesh
..... regard to substantiate the conclusion of the order under review is of chairman, village panchayath vs. thimmasetty no doubt in interpreting the scope of section 417 code of criminal procedure, 1899 (old) which is equivalent to section 378 of the code of 1973 (present) holding that the words used need not be confined to order under original jurisdiction of the lower court for maintaining appeal ..... the canons of criminal jurisprudence where two views are possible. in this case right of the complainant so far as under section 138 read with 142 of the negotiable instruments act is concerned practically within the meaning of victim defined in section 2 (wa) read with the proviso to section 372 cr.p.c amended by the amended act 5/ 2009 which came into force 31.12.2009. needless ..... commission but for to invoke the constitutional remedy against the first appellate court order of the state commission. it is no doubt not a case under the criminal procedure codecriminal procedure codecriminal procedure code but under the consumer protection act and that cannot be taken as a guidance without referring to and without comparison of the actual words used and the intendment of the legislatures and their ..... is to the court of sessions. this court in fact on the scope of section 2 (wa) and proviso to section 372 cr.p.c, referring to several expressions of other high courts and of this court, answered the same in detail in crl.a no.1043 of 2005, dated 26.02.2014.7. in fact but for the limited say that .....Tag this Judgment!
Court : Supreme Court of India
..... benches of this court should hesitate to remodel its ratio.18. it will also be germane to briefly cogitate on the fasciculous captioned section 438 of the code of civil procedure, as amended by the code of criminal procedure (amendment) act, 2005 of the 203rd report of the law commission. although, the law commission was principally focused on the parameters of anticipatory bail, it ..... bail, since he is already under restraint. the provisions relating to the anticipatory bail may not be attracted in such a case . an amendment was proposed to the provisions vide crpccrpccrpc (amendment) act, 2005 making the presence of the applicant seeking anticipatory bail obligatory at the time of final hearing of the application for enlargement on bail. the said ..... 2005) 12 scc709 in which raghubans dubey vs state of bihar, air1967sc1167 was applied. therefore, the high court was not justified in directing the appellant to appear before the magistrate.23. on behalf of the state, the submission is that the prosecution should be afforded a free and fair opportunity of subjecting the accused to custody for interrogation as provided under section 167 crpccrpccrpc ..... (1984), a roadside questioning of a motorist detained pursuant to a routine traffic stop was not seen as analogous to custodial interrogation requiring adherence to miranda rules.12. it appears to us from the above analysis that custody, detention and arrest are sequentially cognate concepts. on the occurrence of a crime, the police is likely .....Tag this Judgment!
Court : Mumbai Aurangabad
..... the question purely from the point of view of the complainant without at all adverting to any defence that the accused may have. 10. section 202 cr.p.c. was amended by the code of criminal procedure (amendment) act, 2005 and the following words were inserted : "and shall, in a case where the accused is residing at a place beyond the area in which ..... he exercises his jurisdiction," the notes on clauses for the above mentioned amendment read as follows : "false complaints are filed against persons residing at far ..... he submits that, perusal of the complaint shows that the accused persons were not residents of the local jurisdiction of the court and in view of the amendment to section 202 of the criminal procedure codecriminal procedure codecriminal procedure code, 1973 (cr.p.c. for short), it was incumbent upon the magistrate to carry out an enquiry himself or direct investigation under ..... of process against the accused nos.1 and 3 (present applicants) although both of them were not residing within local jurisdiction of the chief judicial magistrate. 6. section 202(1) of the criminal procedure codecriminal procedure codecriminal procedure code reads as under: "202. postponement of issue of process. - (1) any magistrate, on receipt of a complaint of an offence of which he is authorised .....Tag this Judgment!
Court : Punjab and Haryana
..... trial court was alive to the requirement of section 202 (1) cr.p.c., before passing the impugned order. in national bank of oman versus barakara abdul aziz and another, (2013) 2 scc488 hon'ble supreme court held as under:- 10. 202 of the code of criminal procedure was amended by the code of criminal procedure (amendment act 2005) and the following words were inserted: and ..... shall, in a case where the accused is residing at a place beyond the area in which he exercises jurisdiction, . the notes on clauses for the above-mentioned amendment read as follow: false complaints are filed ..... beyond the jurisdiction of learned magistrate faridabad and the summoning order dated 10.07.2008 (annexure p-1) has been passed without compliance of the procedure prescribed in section 202 of the criminal procedure codecriminal procedure codecriminal procedure code. learned senior advocate for respondent no.2-complainant has not disputed the above contention raised by learned petitioners.counsel. there is rather nothing to ..... noticed by the c.j.m.ahmednagar. the c.j.m.had failed to carry out any enquiry or ordered investigation as contemplated under the amended section 202 of the code of criminal procedure. since it is an admitted fact that the accused is residing outside the jurisdiction of the c.j.m.ahmednagar, we find no error in .....Tag this Judgment!
Court : Mumbai Aurangabad
..... jurisdiction of the cjm, ahmednagar. it was, therefore, incumbent upon him to carry out an enquiry or order investigation as contemplated under section 202 crpccrpccrpc before issuing the process." after referring to amendment made in section 202 of cr.pc. by the code of criminal procedure (amendment) act, 2005, in this regard it was further observed in para 11 as under:- "11. we are of the view that the high ..... order investigation as contemplated under the amended section 202 crpccrpccrpc. since it is ..... court has correctly held that the abovementioned amendment was not noticed by the cjm, ahmednagar. the cjm had failed to carry out any enquiry or .....Tag this Judgment!
Court : Delhi
..... prosecutrix.340. it deserves to be mentioned at this juncture that though dna testing obtained legislative recognition in india through the code of criminal procedure (amendment) act, 2005 by addition of sections 53 and 53a, which expanded the scope of the term examination to include dna profiling, as early as in the year ..... no.13 of 2013) with effect from 03.02.2013 in the proviso to the newly added sub-section 5(a) of section 164 and hithertobefore, i.e., on 21.12.2012 when the statement of the prosecutrix was ..... 12.2012 ought to have been videographed, suffice it to note that the mere fact that the recording of the statement by the metropolitan magistrate was not videographed cannot be interpreted to mean that the said statement was not an authentic one. in any event, the provision for videography was inserted by the criminal law (amendment) act, 2013 (act ..... guardianship over minors who from their legal disability stand in need of protection.32. ?age determination inquiry? contemplated under section 7a of the act read with rule 12 of the 2007 rules enables the court to seek evidence and in that process, the court can obtain the matriculation ..... incident by way of gesture or writing. ques. : when and at what time the incident happened?. i. 20/12/2012 2. 13/12/2012 3. 16/12/2012 ans. :16. 12/12 (by writing after taking time) death sentence reference no.6/2013, ques.: have you seen the staff of the .....Tag this Judgment!