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

May 27 2014

CRR No. 1000 of 2014. Vs. ...

  • Decided on : 27-May-2014

Court : Punjab and Haryana

... accused is entitled to bail under Section 167(2) of the Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Kanchan 2014.06.03 11:12 I attest to the accuracy and ... Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Kanchan 2014.06.03 11:12 I attest to the accuracy and integrity of this document Chandigarh CRR No.1000 of 2014 3 Act. Under Section ... Code of Criminal Procedure if he makes an application for such purpose. However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Kanchan 2014.06.03 11:12 I attest to the accuracy and integrity of this document Chandigarh CRR No.1000 of 2014 3 Act ... However, under the Act, the maximum period of 90 days fixed under Section 167(2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Kanchan 2014.06.03 11:12 I attest to the accuracy and integrity of this document Chandigarh CRR No.1000 of 2014 3 Act. Under Section 36-A of the Act, the period of ...

May 06 2014

Present: Mr. Rakesh Nehra Advocate Vs. State of Haryana a ...

  • Decided on : 06-May-2014

Court : Punjab and Haryana

... J. The present petition under Section 482 of the Code of Criminal Procedure (for short the Code .) has been preferred seeking quashing of application under Section 12 of the Prevention of Women from Domestic Violence Act, 2005 (for short the Act .) titled Smt. Garima Sumran ... Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. . Section ... Section 21) (vi) Compensation orders (Section 22) (vii) Power to grant interim and ex parte orders (Section 23) Section 28 of the Act deals with procedure and a relevant extract therefrom is quoted hereunder:- 28. Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure ... Section 23) Section 28 of the Act deals with procedure and a relevant extract therefrom is quoted hereunder:- 28. Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).(2) Nothing in sub-section ...

Jul 16 2014

Present: Mr. Abinash Jain Advocate Vs. State of Punj ...

  • Decided on : 16-Jul-2014

Court : Punjab and Haryana

... section 482 of Code of Criminal Procedure is to be exercised by the court to quash a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005 is to be considered in the background of the settled legal position. For a better appreciation of the relevant aspects, it is necessary to bear in mind the object and purpose of the Act. The Act ... under section 29 of the Act. If that be so, it is not for this court to invoke the extraordinary jurisdiction under section 482 of the Code of Criminal Procedure, to quash a proceeding initiated under section 12(1) of the Act. . 8. The Gujrat High Court in Jaydipsinh's case (supra) held that the proceedings under the Domestic Violence Act were not strictly criminal ... provided under the Act. The relevant portion of Para Nos.10, 11 and 19 of the judgment are as under:- 10....................The question whether the extra ordinary inherent powers under section 482 of Code of Criminal Procedure is to be exercised by the court to quash a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005 is to ... section 482 of the Code of Criminal Procedure, to quash a proceeding initiated under section 12(1) of the Act. . 8. The Gujrat High Court in Jaydipsinh's case (supra) held that the proceedings under the Domestic Violence Act were not strictly criminal in nature and the proceedings were in the nature of civil remedy emphasizing the fact that the Magistrate while disposing of the application under Section 12 ...

Jul 25 2014

“8. After going through law laid down in case of Vs ...

  • Decided on : 25-Jul-2014

Court : Punjab and Haryana

... inquiry is the procedure laid down in that statute itself i.e.Rule 12 of the 2007 Rules. We cannot import other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard to the juvenility of a person, when the claim of juvenility is raised before the court exercising powers under section 7 A of the Act. Many of ... J.J.Act in conducting an inquiry is the procedure laid down in that statute itself i.e.Rule 12 of the 2007 Rules. We cannot import other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard to the juvenility of a person, when the claim of juvenility is raised before the court exercising powers under section 7 ... .Rule 12 of the 2007 Rules. We cannot import other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard to the juvenility of a person, when the claim of juvenility is raised before the court exercising powers under section 7 A of the Act. Many of the cases, we have come across, it is seen that the Criminal ... other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard to the juvenility of a person, when the claim of juvenility is raised before the court exercising powers under section 7 A of the Act. Many of the cases, we have come across, it is seen that the Criminal Courts are still having the hangover of the procedure ...

Mar 25 2014

Farman Imran Shah @ Karu Vs. State of Maharashtra

  • Decided on : 25-Mar-2014

Court : Mumbai

... , 149 of the Indian Penal Code and under Sections 3, 4(25) of the Indian Arms Act and under Section 3(1)(i), 3(1)(ii), 3(2), 3(4) of the MCOC Act. 3. The present Appellant who has been arraigned as accused No.12 as per the sanction order, had filed the application under Section 227 of the Code of Criminal Procedure for his discharge from the present ... . State of Maharashtra - (2002) 2 SCC 135 and Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra 2005 ALL MR (Cri) 1538 so also in the case of Union of India v. Prafulla Kumar Samal AIR 1979 SC 366 has formulated the scope of Section 227 of the Code of Criminal Procedure in its paragraph 25, as has been stated herein above. 17. This takes us to ... has been preferred by the Appellant under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act' for brevity) thereby challenging the order passed by the Learned Special Judge, Pune under the MCOC Act, below Exhibit 4 in MCOCA Special Case No.7 of 2012, thereby rejecting his application preferred under Section 227 of the Code of Criminal Procedure for discharge. The Appellant questions the correctness ... the Appellant to frame a charge as contemplated under Section 228 of the Code of Criminal Procedure, under Sections 302, 341, 427, 120(b), 143, 147, 148, 149 of the Indian Penal Code and under Sections 3, 4(25) of the Indian Arms Act and under Section 3(1)(i), 3(1)(ii), 3(2), 3(4) of the MCOC Act. 13. Learned counsel for the Appellant has placed reliance ...

Jan 24 2014

GURUA NAIK Vs. STATE OF ORISSA

  • Decided on : 24-Jan-2014

Court : Orissa

... Code. After a comparative study of the relevant provisions of the Railway Properties (Unlawful Possession) Act, 1966 and the Code of Criminal Procedure, Hon ble Supreme Court held that an officer of the R.P.F. making an enquiry 12 under Section 8(1) of the 1966 Act is No.a police officer within the meaning of that expression in Section 25 of the Evidence Act. ... Act, it is No.enough to show that he exercises some or even many of the powers of a police officer conducting an investigation under the Code. After a comparative study of the relevant provisions of the Railway Properties (Unlawful Possession) Act, 1966 and the Code of Criminal Procedure, Hon ble Supreme Court held that an officer of the R.P.F. making an enquiry 12 under Section ... under Section 25 of the Evidence Act. The officer, other than a police officer, invested under Section 53 of the NDPS Act with powers of an officerin-charge of a police station is No.entitled to exercise all the powers under Chapter XII of the Criminal Procedure Code including the power to submit a report or charge-sheet under Section 173 of the Criminal Procedure Code that ... Section 53 of the NDPS Act with powers of an officerin-charge of a police station is No.entitled to exercise all the powers under Chapter XII of the Criminal Procedure Code including the power to submit a report or charge-sheet under Section 173 of the Criminal Procedure Code that being so, such officer is No.a police officer within the meaning of Section 25 of the Evidence Act ...

Apr 07 2014

CRM-M No. 11379 of 2014. V ...

  • Decided on : 07-Apr-2014

Court : Punjab and Haryana

... Section 12(1) of Juvenile Justice (Care and Protection of Kanchan 2014.04.09 12:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.11379 of 2014 2 Children) Act, 2000, any juvenile who is arrested or detained or appears or is brought before a Juvenile Justice Board, such person, shall notwithstanding anything contained in the Code of Criminal Procedure ... contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, would be released on bail with or without surety unless the case falls under any three exceptions enumerated under Section 12 itself. Accordingly, a view has been taken that the Investigating Officer would deal with the petitioner as per provisions of the Juvenile Justice Act. I ... Children) Act, 2000, any juvenile who is arrested or detained or appears or is brought before a Juvenile Justice Board, such person, shall notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, would be released on bail with or without surety unless the case falls under any three exceptions enumerated under Section 12 ... have perused the order dated 31.12.2013 passed by the Additional Sessions Judge, Nuh, where the Court had taken a view that under Section 12(1) of Juvenile Justice (Care and Protection of Kanchan 2014.04.09 12:54 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.11379 of 2014 2 Children) Act, 2000, any juvenile who ...

May 26 2014

Present: Mr.Vivek Goyal Advocate Vs. State of Ha ...

  • Decided on : 26-May-2014

Court : Punjab and Haryana

... Crl. Misc. No.M-34821 of 2013 3 For the reasons recorded above, the instant petition, under Section 482 of the Code of Criminal Procedure Code, is allowed. FIR No.218 dated 15.08.2013, registered under Sections 354 and 506 IPC' and section 12 of Protection of Children from Sexual Offences Act, 2012, at Police Station Chandimandir, District Panchkula, and the subsequent proceedings arising therefrom, are quashed, qua ... respondent No.2. -- HARINDER SINGH SIDHU, J.(Oral) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.218 dated 15.08.2013, registered under Sections 354 and 506 of the Indian Penal Code (for short 'the IPC') and section 12 of Protection of Children from Sexual Offences Act, 2012, at Police Station Chandimandir, District Panchkula, and all consequential proceedings ...

Jun 18 2014

Mariyados Vs. State by:

  • Decided on : 18-Jun-2014

Court : Chennai

... still have Section 25 of the Evidence Act and 162 Cr.P.C.in the Statute Book and only very recently by a Parliamentary amendment to the Criminal Procedure Code, the police have been directed to paginate the Case Diary and keep it as a volume. This amendment to Section 172 Cr.P.C.was introduced by the Parliament with effect from 31.12.2009 by Central Act 5 of ... : Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, praying to call for the records of the learned Additional Sessions Judge-cum-Fast Track Court-I, Thanjavur in C.A.No.56 of 2007, dated 21.09.2007, set aside the conviction and sentence imposed by the learned Principal Assistant Sessions Judge, Kumbakonam in S.C.No.104 of 2005, dated ... : 18.06.2014 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Revision Case (Md.No.718 of 2007 Mariyadoss : Petitioner/Sole Accused versus State by: Inspector of Police, All Women Police Station, Kumbakonam, Crime No.3 of 2003 : Respondent/Complainant PRAYER: Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code, praying to call for the records of the learned Additional ... not undergone any training in Special Schools, the questions can be put to them only through signs and gestures and they would also answer by signs and gestures. 12.Section 119 of the Evidence Act as amended by the Parliament with effect from 15.03.2013 reads as under: ".119.A witness who is unable to speak may give his evidence in any other ...

Jul 18 2014

Date of Decision: July 18, 2014 V ...

  • Decided on : 18-Jul-2014

Court : Punjab and Haryana

... present petition filed under Section 36-A (4) of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') read with section 167 (2) of the Code of Criminal procedure and Section 482 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in case F.I.R. No.115 dated 12.7.2013 under Sections 18/61/85 of NDPS Act, registered at Police ... Psychotropic Substances Act (for short 'NDPS Act') read with section 167 (2) of the Code of Criminal procedure and Section 482 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in case F.I.R. No.115 dated 12.7.2013 under Sections 18/61/85 of NDPS Act, registered at Police Station Lehra, District Sangrur.2. The petitioner was arrested on 12.7. ... entitled to bail under Section 167 (2) of the Code of Criminal Procedure upon making an application for such purpose. However, under the NDPS Act, the maximum period of 90 days fixed under Section 167 (2) of the Code of Criminal Procedure has been increased to 180 days for several categories of offences under the Act. Under section 36-A of the NDPS Act, the period of detention ... document Criminal Misc. No.M-21457 of 2014 3 petitioner/accused seeking bail under Section 167 (2) of the Code of Criminal Procedure has been dismissed as not maintainable on account of the extension having been granted.6. In the considered view of this Court, there has been non-compliance of the provisions contained in Section 36-A of the NDPS Act. The ...

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