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Dec 07 1979 (SC)

V.C. Shukla Vs. State Through C.B.i.

Court : Supreme Court of India

Reported in : AIR1980SC962; 1980CriLJ690; 1980Supp(1)SCC92; [1980]2SCR380

..... a complaint filed by the complainant which the high court declined to quash in a petition filed by the accused under sections 482 and 397 of the criminal procedure codecriminal procedure codecriminal procedure code (code for short). the contention was that the magistrate had issued the summons in a mechanical manner without applying his judicial mind to the facts of the case ..... it may terminate the proceedings but if decided in another way, then the proceedings would continue; because, in our opinion, the term 'interlocutory order' in the criminal procedure codecriminal procedure codecriminal procedure code has been used in a much wider sense so as to include even intermediate or quasi final orders; (4) that an order passed by the special court discharging ..... the trial a at all. this would be the result if the term interlocutory order is interpreted in its natural and logical sense without having resort to criminal procedure codecriminal procedure codecriminal procedure code or any other statute. 'i hat is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and ..... of the case may be delayed. indeed if this be the avowed object of the act, could it have been intended by the parliament that while the criminal procedure codecriminal procedure codecriminal procedure code gives a right of revision against an order which, though not purely interlocutory, is either intermediate or quasi final, the act would provide a full fledged .....

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Nov 13 1979 (SC)

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

..... reserved for police and the executive. it would be advantageous to extract what this court observed in s.n. sharma's case:it appears to us that, though the crpccrpccrpc gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a ..... leaving each to exercise its own function, always, of course, subject to the right of the court to intervene in an appropriate case when moved under section 491 of the criminal procedure codecriminal procedure codecriminal procedure code to give directions in the nature of habeas corpus. in such a case as the present, however, the court's functions begin when a charge is preferred before it, and ..... not to be an officer superior in rank to an officer in charge of a police station. while interpreting section 551 of the crpccrpccrpc, 1908 (1908 code' for short), which was in pari materia with section 36 of the code, this court in r. p. kapoor and ors. v. sardar partap singh kairon and ors. : [1961]2scr143 , observed that the addl. inspector ..... .6. two substantial questions arise in these appeals: (la). whether the state government was competent to direct further investigation in a criminal case in which a report was submitted by the investigating agency under section 173(2) of the crpccrpccrpc, 1973 ('code' for short) to the magistrate having jurisdiction to try the case ? (lb). whether the magistrate having jurisdiction to try the .....

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Feb 26 1979 (SC)

Hussainara Khatoon and ors. Vs. Home Secretary, State of Bihar, Patna

Court : Supreme Court of India

Reported in : 1979(0)BLJR600; (1980)1SCC93; [1979]3SCR393; 1979(11)LC775(SC)

..... first at the end of four weeks and then at the end of the next two weeks.8. we also find from section 167(5) of the crpccrpccrpc, 1973 that if in any case triable by a magistrate as a summons cases the investigation is not concluded within a period of six months from the date ..... whether the under-trial prisoners whose particulars are given there, are being produced periodically before the magistrate as required by the proviso to section 167(2) of the crpccrpccrpc, 1973. we should like to know from the government in a proper affidavit to be filed before us on or before 3rd march, 1979 whether these under ..... minor offences and the other of major offences.7. our attention has also been drawn to section 468 of the crpccrpccrpc 1973 which in sub-section (1) provides that except as otherwise provided elsewhere in the code, no court shall take cognizance of an offence of the category specified in sub-section (2) after the expiry of ..... in jail on 28th march, 1971 and committed to the court of sessions on 28th june, 1972 on a charge under section 395 of the indian penal code but whose trial has not yet commenced before the court of sessions though a period of more than six years has elapsed since the date of his ..... the directions given by us by our order dated 5th february, 1979. he is accused in a case under section 363 and 368 of the indian penal code and he was committed to the court of sessions on 13th september, 1972 but his sessions trial has not yet commenced. it is amazing that a sessions .....

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Feb 09 1979 (SC)

Rajendra Prasad Vs. State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

..... a sentence of death and a sentence of imprisonment for life. prior to the amendment of s. 367, sub-s. (5) of the code of criminal procedure, 1898 by the criminal procedure codecriminal procedure codecriminal procedure code (amendment) act, 1955 it was a well settled principle that where a person was convicted for an offence of murder, the court was ..... that a transcript of the debate would be forwarded to the law commission, for consi- deration in the context of its review of the penal code and the criminal procedure codecriminal procedure codecriminal procedure code. the result was a separate law commission report on capital punishment, submitted to the government in september, 1967." (supra) at pages 354-55 ..... , we will set down the salient cynosures for judges in their day-to-day labours. one sentencing aspect which has found prominent place in the criminal procedure codecriminal procedure codecriminal procedure code, 1973, but more often ignorantly ignored, needs to be highlighted for future guidance. the cases actually de manding decision, their factual matrices and the ..... or shall not be inflicted. currently, the welter of the british indian and post- independence decisions and the impact of laconic legislative changes in the criminal procedure codecriminal procedure codecriminal procedure code the competition among the retributive, deterrent, the reformative and even the existentialist theories of punishment and of statistical studies and sociological and cultural winds settle .....

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Feb 22 1979 (SC)

Bishnu Deo Shaw Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1979SC964; 1979CriLJ841; (1979)3SCC714; [1979]3SCR355

..... of having a son foisted on him. we do not think that the mere use of adjectives like 'cruel and brutal' supplies the special reasons contemplated by section 354(3) criminal procedure codecriminal procedure codecriminal procedure code. in the light of the principles enunciated in rajendra prasad v. state of u.p. : 1979crilj792 and in the light of what we have said earlier, we do not think ..... and movement. prior to 1955, section 367(5) of the crpccrpccrpc 1898 insisted upon the court stating its reasons if the sentence of death was not imposed in a case of murder. the result was that it was thought that in ..... was the normal sentence for murder and the sentence of death could be imposed only if there were aggravating circumstances. in the crpccrpccrpc of 1973, there is a further swing towards life imprisonment. section 354(3) of the new code now provides:when the conviction is for an offence punishable with death or, in the alternative imprisonment for life or imprisonment for ..... elucidation of the principles in rajendra prasad v. state of uttar pradesh. (supra)24. section 302 indian penal code prescribes death or life-imprisonment as the penalty for murder. while so, the crpccrpccrpc instructs the court as to its application. the changes which the code has undergone in the last 25 years clearly indicate that parliament is taking note of contemporary criminological thought .....

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May 04 1979 (SC)

Dalbir Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059

..... not 'law declared by this court' under article 141 of the constitution. any attempt to limit or circumscribe the connotation of 'special reasons' mentioned in section 354(3) of the crpccrpccrpc by indulging in classification of murders such as white collar offences and nonwhite collar offences or laying down so-called guidelines for imposition of the extreme penalty, would amount to ..... in the same judgment and, going by them, there is hardly any warrant for judicial extinguishment of two precious indian lives. section 302 of the penal code, read with section 354(3) of the criminal procedure codecriminal procedure codecriminal procedure code, demands special reasons for awarding the graver sentence, and to borrow the reasoning in rajendra prasad's case.'special reasons' necessary for imposing death penalty must ..... to the other extreme and the guideline given is that the 'special reasons' must relate 'not to the crime as such but to the criminal' for which there is no warrant in section 354(3) of the crpccrpccrpc,30. i may also venture to say, the obsession to get the death penalty abolished from the statute book, i.e., indian penal ..... if i may say so, with respect, would be unwarranted and contrary to section 302 of the indian penal code read with section 354(3) of the crpccrpccrpc. section 302 of the indian penal code gives a choice while section 354(3) of the code merely requires 'special reasons' to be indicated for imposing the death penalty. nothing is stated whether the 'special .....

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Dec 05 1979 (SC)

Rajput Ruda Meha and ors. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1980SC1707; 1980CriLJ1246; (1980)0GLR40; (1980)1SCC677; [1980]2SCR353

..... in depth, being disinclined summarily to dismiss. regarding the power of the court to summarily dismiss the appeal under section 384 of the crpccrpccrpc, the submission of the learned counsel was that the provisions of the crpccrpccrpc are not applicable to the supreme court which contention was not accepted by the court.6. neither in the application for adducing additional ..... the constitution bench, there was any reference to the validity of section 384 of the crpccrpccrpc. neither was it pleaded during the arguments that section 384 of the crpccrpccrpc is ultra vires of the constitution. as the question of validity of section 384 the code, of criminal procedure was neither raised nor argued, a discussion by the court after 'pondering over the issue ..... the sessions court, we find that, there are no sufficient grounds of interference. the appeal is summarily dismissed under section 384 of the crpccrpccrpc.4. after we pronounced our judgment dismissing the appeal summarily under section 384 of the crpccrpccrpc, but before signing; the judgment, a decision of this court-sita ram and ors. v. state of u.p. : 1979crilj659 ..... the power of the courts to dismiss an appeal summarily under section 384 of the crpccrpccrpc has been referred. in that case an appeal was preferred to this court under section 379 of the crpccrpccrpc, 1973 read with section 2(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. the appeal was listed for preliminary hearing under rule .....

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Jan 16 1979 (SC)

Bahadul Alias Ghanshyam Padhan Vs. State of Orissa

Court : Supreme Court of India

Reported in : AIR1979SC1262; 48(1979)CLT456(SC); 1979CriLJ1075; (1979)4SCC346; 1979(11)LC348(SC)

..... voluntary and he based his conviction on the confession alone corroborated as it was by the evidence of p.ws. 11, 12 before a magistrate under section 164 of the crpccrpccrpc. the appellant filed an appeal in the high court which did not agree with the finding of the sessions judge on the assessment of oral evidence led by the prosecution ..... . this appeal by special leave is directed against the judgment of the orissa high court dated 16th march, 1972, upholding the conviction of the appellant under section 302 ipcipcipc and sentence of life imprisonment awarded by the sessions judge. a detailed narrative of the prosecution case is to be found in the judgement of the high court and it .....

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Jan 10 1979 (SC)

Ram Lal Narang Vs. State (Delhi Administration)

Court : Supreme Court of India

Reported in : AIR1979SC1791; 1979CriLJ1346; (1979)2SCC322; [1979]2SCR923

..... was required to enter the substance thereof in a book kept by him, for that purpose, in the prescribed form (section 154 criminal procedure codecriminal procedure codecriminal procedure code). section 156 criminal procedure codecriminal procedure codecriminal procedure code invested the police with the power to investigate into cognizable offences without the order of a court. if, from the information received ..... court declined to express any opinion on the question whether the police could be permitted to send incomplete reports under section 173(1) criminal procedure codecriminal procedure codecriminal procedure code. this case while neither approving nor disapproving the practice of submitting incomplete challans in the first instance, certainly notices the existence of such ..... required to issue the necessary process to secure the attendance of the accused (section 204 criminal procedure codecriminal procedure codecriminal procedure code). the scheme of the code thus was that the first information report was followed by investigation, the investigation led to the submission of a report to ..... , the magistrate empowered to take cognizance of an offence upon a police report might take cognizance of the offence (section 190(1)(b) criminal procedure codecriminal procedure codecriminal procedure code). thereafter, if, in the opinion of the magistrate taking cognizance of the offence, there was sufficient ground for proceeding, the magistrate was .....

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Jan 25 1979 (SC)

Dilbag Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1979SC680; 1979CriLJ636; (1979)2SCC103; [1979]2SCR1134

..... rehabilitation and a complex of other considerations in making an offender a non-offender have revolutionized the judicial repertory in re-socializing the criminal. the sentence hearing for which the criminal procedure codecriminal procedure codecriminal procedure code, 1973 provides in section 248(2) and section 235(2) has hardly received the serious concern of the courts despite the ..... when he said this, but the breach of promise by the law on delivering criminal justice is daily experience, from police arrest to prison trauma. the focus in this case is on the sentencing alternatives in the criminal procedure codecriminal procedure codecriminal procedure code; and the grievance pressed by counsel, when traditional grounds on the merits failed, was ..... international probation year and therapeutic accent in penological literature. 'if the criminal law as a whole is the cinderella of jurisprudence, then the law of ..... the best available information rather than on guess-work and inadequate information. to deprive sentencing judges of this kind of information would undermine modern penological procedural policies that have been cautiously adopted throughout the nation after careful consideration and experimentation.14. judge f. rayan duffy has written:if the judge has .....

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