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Search Results Judgments > Act:CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT 2005 Section 12 Year:2014

Mar 27 2014

Sundeep Kumar Bafna Vs. State of Maharashtra & Anr

  • Decided on : 27-Mar-2014

Court : Supreme

... that even Larger 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 had reflected on ... U.S. 420 (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 to carry out ... anticipatory bail having attained finality, he had once again knocked at the portals of the High Court of Judicature at Bombay, this time around for regular bail under Section 439 of the Code of Criminal Procedure (CrPC), which was declined with the observations that it is the Magistrate whose jurisdiction has necessarily to be invoked and not of the High Court or even ... may be made against him, he may appropriately be deemed so have surrendered himself to the police. The broad foundation of this rule is stated to be that Section 46 of the Code of Criminal Procedure does not contemplate any formality before a person can be said to be taken in custody: submission to the custody by word or action by a person ...

Feb 27 2014

Bharti Vs. State of Haryana & Anr.

  • Decided on : 27-Feb-2014

Court : Supreme

... was committed, Section 451 of the IPC was compoundable with the permission of the Court by the person in possession of the house trespassed upon. At that time Section 354 of the IPC was also compoundable with the permission of the Court by the woman assaulted to whom the criminal force was used. By the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 354 of the ... Judge, Faridabad in Sessions Case No.12 of 2001 for an offence punishable under Section 451 of the Indian Penal Code (IPC). He was sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for a period of two months. The appellant was also convicted under Section 354 of the IPC and ... COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.509 OF2014[Arising out of Special Leave Petition (Crl.) No.371 of 2014]. Bharti ...Appellant Vs. State of Haryana & Anr. Respondents ORDER1 Leave granted.2. The appellant was convicted by the Sessions Judge, Faridabad in Sessions Case No.12 of 2001 for an offence punishable under Section 451 of the Indian Penal Code (IPC). He ... disputes between the appellant and respondent No.2 and in the larger interest of peace, we permit the appellant and respondent No.2 to compound the offences. Accordingly, offences under Sections 451 and 354 of the IPC are permitted to be compounded. The impugned judgment is set aside. The appellant is acquitted. The appellant-Bharti is in jail. The appellant- ...

Mar 13 2014

State Through Reference Vs. Ram Singh & Ors.

  • Decided on : 13-Mar-2014

Court : Delhi

... 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 ... 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 ... Clause (a) of sub-section (5A) of section 164 as soon as possible.? 256. At the outset, we note that both the provisos to sub-section (1) were inserted in the Code of Criminal Procedure by the DEATH SENTENCE REFERENCE NO.6/2013, Criminal Law (Amendment) Act, 2013 (Act No.13 of 2013) ... -section (1) were inserted in the Code of Criminal Procedure by the DEATH SENTENCE REFERENCE NO.6/2013, Criminal Law (Amendment) Act, 2013 (Act No.13 of 2013) with effect from 03.02.2013 and the charge sheet in the instant case was filed on 03.01.2013. Therefore, the provisos to Section ... Criminal Procedure Code to which reference was made by the counsel deals with searches and not seizures. In the very nature of things when property is seized and not recovered during a search, it is not possible to comply with the provisions of sub-sections (4) and (5) of Section 100 of the Criminal Procedure Code. In the case of a seizure under the Motor Vehicles Act ...

Mar 27 2014

Vijay Dhanuka Etc. Vs. Najima Mamtaj Etc.

  • Decided on : 27-Mar-2014

Court : Supreme

... his jurisdiction was inserted by Section 19 of Code of Criminal Procedure (Amendment) Act (Central Act 25 of 2005) w.e.f. 23rd of June, 2006. The aforesaid amendment, in the opinion of the legislature, was essential as false complaints are filed against persons residing at far off places in order to harass them. The note for the amendment reads as follows: False complaints ... of the complaint, the learned Additional Chief Judicial Magistrate in exercise of the power under Section 192 of the Code, after taking cognizance of the offence, had made over the case for inquiry and disposal to the transferee Magistrate. Section 12(2) of the Code confers on Additional Chief Judicial Magistrate the same powers as that of a Chief Judicial Magistrate ... were examined under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ). The transferee Magistrate, thereafter, adjourned the case for orders and on the adjourned date, i.e. 15th of November, 2011, he directed for issuance of summons against the accused persons for offence under Section 323, 380 and 506 read with Section 34 of ... following passage from the said judgment: 40. The Magistrate had issued summons without meeting the mandatory requirement of Section 202 CrPC, though the appellants were outside his territorial jurisdiction. The provisions of Section 202 CrPC were amended vide the Amendment Act, 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the ...

Feb 25 2014

Present: M/s Sukhdeep Singh Sandhu & Y.K.Saxena Advocat ...

  • Decided on : 25-Feb-2014

Court : Punjab and Haryana

... does not want the assistance of any lawyer and would rather defend himself personally, . . ( Emphasis Supplied) 51. The Code of Criminal Procedure has also been amended vide Act No.5 of 2009 when a proviso to sub-section (2) was inserted in Section 309 of the Code. The provision so inserted provides that no adjournment shall be granted at the request of a party, except where ... punishable under Sections 120-B, 419, 420, 465, 466, 467 read with Section 34 IPC as well as under Section 3 read with Section 12 of the Indian Passport Act, 1967 consequent to recovery of passports and Driving Licences etc. at the time of his arrest on 30.12.1999. It is argued that the appellants have been charged for the offences punishable under Sections 467, ... . Navjot Sandhu @ Afsan Guru (2005) 11 SCC600 The Supreme Court was inter-alia examining the provisions of Prevention of Terrorism Act, 2002. Section 52 of the said Act mandates the Police Officer to inform the person arrested of his right to consult legal practitioner soon after he is brought to the Police station, whereas Section 32 of the said Act empowers a police ... Section 173 Criminal Procedure Code, 1973 (for short the Code .) was filed on 21.06.2000. The learned trial Court on 28.04.2001 framed charges against the present appellants for the offences punishable under Sections 4 and 5 of the Anti Hijacking Act, 1982 (for short the Act ) read with Section 120-B of the IPC; and also under Sections 467, 468 and 470 IPC; offences under the Sections ...

Feb 21 2014

Sanjay Kumar Valmiki Vs. State

  • Decided on : 21-Feb-2014

Court : Delhi

... Policy embodied in Article 39A of the Constitution by the 42nd Amendment Act of 1976 and enactment of SubSection (1) of Section 304 of the Code of Criminal Procedure. Legal assistance to a poor person facing trial whose life and personal liberty is in jeopardy is mandated not only by the Constitution and the Code of Criminal Procedure but also by International Covenants and Human Rights Declarations. If an ... .6 On the aspect of the direction for a retrial, the Supreme Court in Mohd. Hussain-II referred to the following observations in Satyajit Banerjee v. State of West Bengal (2005) 1 SCC115 25. Since strong reliance has been placed on Best Bakery case (Gujarat riots case) it is necessary to record a note of caution. That was an extraordinary case ... BSA2Hospital who has given the opinion regarding the weapon of offence. Yes PW17 Dr. Florence Almeida Doctor from BSA2Hospital who has examined the accused and has given his opinion. Yes 12. It is seen from the above table that the following witnesses were not cross-examined by the amicus curiae on that day: Constable Satish (PW-3) who had joined the ... directed the fine amount to be given to the family of the deceased as compensation under Section 357 of Code of Criminal Procedure ( CrPC ). The accused was further sentenced to undergo Rigorous Imprisonment ( RI ) for five years and a fine of Rs.5,000 for the offence punishable under Section 363 IPC and in default of the payment of the fine, to undergo SI for ...

Feb 21 2014

State Vs. Sanjay Kumar Valmiki

  • Decided on : 21-Feb-2014

Court : Delhi

... Policy embodied in Article 39A of the Constitution by the 42nd Amendment Act of 1976 and enactment of SubSection (1) of Section 304 of the Code of Criminal Procedure. Legal assistance to a poor person facing trial whose life and personal liberty is in jeopardy is mandated not only by the Constitution and the Code of Criminal Procedure but also by International Covenants and Human Rights Declarations. If an ... .6 On the aspect of the direction for a retrial, the Supreme Court in Mohd. Hussain-II referred to the following observations in Satyajit Banerjee v. State of West Bengal (2005) 1 SCC115 25. Since strong reliance has been placed on Best Bakery case (Gujarat riots case) it is necessary to record a note of caution. That was an extraordinary case ... BSA2Hospital who has given the opinion regarding the weapon of offence. Yes PW17 Dr. Florence Almeida Doctor from BSA2Hospital who has examined the accused and has given his opinion. Yes 12. It is seen from the above table that the following witnesses were not cross-examined by the amicus curiae on that day: Constable Satish (PW-3) who had joined the ... directed the fine amount to be given to the family of the deceased as compensation under Section 357 of Code of Criminal Procedure ( CrPC ). The accused was further sentenced to undergo Rigorous Imprisonment ( RI ) for five years and a fine of Rs.5,000 for the offence punishable under Section 363 IPC and in default of the payment of the fine, to undergo SI for ...

Jan 16 2014

Km. Hema Mishra Vs. State of Up & Ors.

  • Decided on : 16-Jan-2014

Court : Supreme

... FIR discloses a cognizable offence. Shri Luthra submitted that since there is a conscious withdrawal/deletion of Section 438 CrPC by the Legislature from the Code of Criminal Procedure, by Section 9 of the Criminal Procedure (Uttar Pradesh) Amendment Act, 1976, the relief which otherwise the appellant could not have obtained under the Code, is sought to be obtained indirectly by invoking the writ jurisdiction of the High Court, ... Bench of the Allahabad High Court in Smt. Amarawati and Ors. V. State of U.P. (2005) Cri.L.J.755, wherein the Court, while interpreting the provisions of Sections 41, 2(c) and 157(1) CrPC as well as the scope of Sections 437 and 439, held as follows: 47. In view of the above we answer the questions referred ... entertaining writ petitions for granting interim protection from arrest, the Court would not go on to the extent of including the provision of anticipatory bail as a blanket provision.12. Thus, such a power has to be exercised very cautiously keeping in view, at the same time, that the provisions of Article 226 are a devise to advance justice ... filed under Article 226 of the Constitution of India seeking pre-arrest bail. Section 438 was added to the Code of Criminal Procedure in the year 1973, in pursuance to the recommendation made by the 41st Law Commission, but in the State of Uttar Pradesh by Section 9 Criminal Procedure (Uttar Pradesh) Amendment Act, 1976, Section 438 was specifically omitted, the legality of which came up for consideration ...

Feb 05 2014

S.A.Miyajan Vs. Union of India

  • Decided on : 05-Feb-2014

Court : Chennai

... to the Provincial Governors in terms of Section 295(1) of the Government of India Act, 1935 as well as Section 402-A of the old Criminal Procedure Code, prior to independence.16. After independence, Constituent Assembly was constituted to frame the constitution and in the Draft Constitution, the present Article 72 was numbered as Article 59 and only amendment was proposed to the said Article by ... .P. [(1998) 4 SCC75 6.Satpal & Another v. State of Haryana & others [(2000) 5 SCC170 7.Delhi Administration v. Manoharlal [(2002) 7 SCC222 8.Kamalanantha v. State of Tamil Nadu [(2005) 5 SCC194 9.Epuru Sudhakar & Another v. Govt. of A.P & Others [(2006) 8 SCC161: AIR2006SC3385 and 10.Devender Pal Singh Bhullar v. State of N.C.T. of Delhi ... 'ble Supreme Court of India, in the above cited judgment, has considered its earlier decisions including Devender Pal Singh Bhullar case and found on the facts of the case that 12 years delay in disposal of mercy petition for commutation of sentence of death and allowed the appeal.29. The learned Additional Solicitor General also referred to the judgment of the ... Governors have also similar powers under Section 402-A of the old Criminal Procedure Code. The learned Additional Solicitor General has also invited the attention of this Court to the Constituent Assembly Debates and would submit that Article 72 was numbered as Article 59 in the Draft Constitution and an amendment was proposed and moved by Mr.Tajamul Husain as Amendment No.1286 wherein he has ...

Apr 04 2014

Dharmarajan Vs. State of Kerala

  • Decided on : 04-Apr-2014

Court : Kerala

... of the father of the prosecutrix would corroborate her evidence and it is admissible and relevant in evidence under Section 157 of the Code of Criminal Procedure and also under Section 8 of the Evidence Act.178. In Satpal Singh v. State of Haryana (2010 Cri.L.J.4283), the Supreme Court considered ... Crl.A. NO. 877 OF2002::163. :: Section 375 of the Indian Penal Code was substituted by Act 43 of 1983. Section 376 provides for the punishment for rape. Section 376 was also substituted by Act 43 of 1983. Sub-section (2) of Section 376 was included by the said amendment. Section 376(2) (g) deals with gang rape ... s case and of the Madras High Court in Anthony, In re's case.170. In Deelip Singh @ Dilip Kumar v State of Bihar ((2005) 1 SCC88, the Supreme Court referred to these decisions and also the decisions in Uday v. State of Karnataka ((2003) 4 SCC46 and State ... . 877 OF2002::33. :: victim girl was subjected to rape by several persons, namely, Dharmarajan, accused No.3 (Jamal), accused No.11 (Aji), accused No.12 (Satheesan), accused No.13 (Aliyar), accused No.15 (Davood), accused No.18 (Rajagopalan Nair), accused No.19 (Mathew Joseph @ Sunny), accused No.20 (Sreekumar @ Babu), ... But, this letter was suppressed by the prosecution. (7) All the statements recorded under Section 161 of the Code of Criminal Procedure were not produced and copy supplied to the accused and thereby Section 173(5) of the Code of Criminal Procedure was violated. (8) Though the FIR was registered on 17.1.1996, it ...

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