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Search Results Judgments > Phrase:CODE OF CRIMINAL PROCEDURE, 1973 Section 220

Mar 20 1928

Narayan Hari Tarkhande Vs. Yeshwant Raoji Naik

  • Decided on : 20-Mar-1928

Court : Mumbai

Reported in : AIR1928Bom352; (1928)30BOMLR1018

... Section 80, Civil Procedure Code, and that under Section 4, Civil Procedure Code, such limitation, unless specifically saved, was invalid.82. As regards the Code of Criminal Procedure, I am of opinion that no section of the Bombay District Police Act, certainly not Section 51 or 80, with which we are now concerned, can be said to repeal or amend the Code of Criminal Procedure.83. As regards Section 80, Civil Procedure Code, Section ... Criminal Procedure Code : no doubt the decisions in Queen-Empress v. Jlamchandra (1885) CC. 220 and Madhav Ganpatprasad v. Majidhhan I.L.R(1917) Bom. 737: 19 Bom. L.R. 677 are apparently against me. However, I submit that the right to arrest by a police-officer is declared by Section 54 of the Criminal Procedure Code. It is the Code ... Criminal Procedure Code, it is enacted that nothing in the Code shall apply to the Bombay City Police Act. It is a special law in which many sections of the Criminal Procedure Code are introduced and the powers of the police are specially denned because the Criminal Procedure Code is not applicable, e. g., Sections 101 and 104 of the City of Bombay Police Act are the same as Sections 99 and 103, Criminal Procedure Code; Section ...

Feb 06 1995

Priya Sharan Maharaj alias Yadavendra Parashar and others Vs. State of ...

  • Decided on : 06-Feb-1995

Court : Mumbai

Reported in : 1995CriLJ3683

... this sub-section relates, to various stages of the trial, namely, appeal, inquiry, trial or any other proceeding. The object seems to be to cut-down the delays in stages through which a criminal case passes before it culminates in an acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned ... applicants/accused. The learned senior counsel took me through the relevant provisions of Criminal Procedure Code, viz. Section 219, (corresponding old Section 234), Section 220, (corresponding old Section 235), Section 221, (corresponding old Section 236) and Section 222, (corresponding old Section 237). 15. Section 219, of the Code of Criminal Procedure reads as : '(1) When a person is accused of more offences than one ... Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction inasmuch as it regulates the procedure of trial not only of the large number of offences contained in the Indian Penal Code but also in other Acts and statutes which apply the Code of Criminal Procedure or which are statutes in pari materia the Code ... criminal case passes before it culminates in an acquittal, discharge or conviction. So far as the Code of Criminal Procedure, 1973 is concerned, it has got a wide and diverse area of jurisdiction inasmuch as it regulates the procedure of trial not only of the large number of offences contained in the Indian Penal Code but also in other Acts and statutes which apply the Code of Criminal Procedure ...

Sep 30 1999

Mohd. Hashim Masood Vs. State

  • Decided on : 30-Sep-1999

Court : Delhi

Reported in : 1999VIAD(Delhi)609; 82(1999)DLT272

... Section 220 of the Code of Criminal Procedure is that the Special Court can try offences under Indian Penal Code along with the offences under Sections 3/7 of the Act, when conditions under Section 220(1) or (3) or (4) of the Code of Criminal Procedure are satisfied. Consequently, the impugned order passed by the Special Judge directing the prosecuting agency to file a separate charge-sheet under Sections 420 IPC/Sections ... transaction. Thus the combined effect of Section 12-AC of the Act and Section 220 of the Code of Criminal Procedure is that the Special Court can try offences under Indian Penal Code along with the offences under Sections 3/7 of the Act, when conditions under Section 220(1) or (3) or (4) of the Code of Criminal Procedure are satisfied. Consequently, the impugned ... by virtue of the provision of Section 12-AC of the Act, provisions of the Code of Criminal Procedure have been made applicable to the proceedings before the Special Judge to the extent they are not repugnant to or inconsistent with any provision of the Act. Sub-Section (1) of Section 220 of the Code of Criminal Procedure provides that if, in one ... Code along with the offences under Sections 3/7 of the Act, when conditions under Section 220(1) or (3) or (4) of the Code of Criminal Procedure are satisfied. Consequently, the impugned order passed by the Special Judge directing the prosecuting agency to file a separate charge-sheet under Sections 420 IPC/Sections 78/79 of the Trade marks Act/Sections 63 ...

Nov 23 2006

Kishan Prasad Palaypu Vs. Registrar of Companies

  • Decided on : 23-Nov-2006

Court : Andhra Pradesh

Reported in : [2007]139CompCas536(AP); [2008]83SCL376(AP)

... Sections 162(1) and 220(3) of the Companies Act are 'continuing offences' within the meaning of Section 472 of the Code of Criminal Procedure.20. The Division Bench after considering the judgments of the Supreme Court in Deokaran Nenshi AIR 1973 SC 908 and in Bhagirath Kanoria AIR 1984 SC 1688 : [1986] 68 FJR 98, held that the offence punishable under Section ... Section 472 of the Code of Criminal Procedure.23. Accordingly, we answer the reference as under:The contravention of Section 220(1) of the Act made punishable under Section 220(3) is a continuing offence and the period of limitation prescribed under Section 468 of the Code of Criminal Procedure does not attract the prosecution launched against the company for the offence alleged and is governed by Section 472 of the Code of Criminal Procedure ... Section 220(1) of the Act is a continuing default covered by Section 472 of the Code of Criminal Procedure.23. Accordingly, we answer the reference as under:The contravention of Section 220(1) of the Act made punishable under Section 220(3) is a continuing offence and the period of limitation prescribed under Section 468 of the Code of Criminal Procedure ...

Jul 29 1997

Jagdish and Ors. Vs. State of Rajasthan and Anr.

  • Decided on : 29-Jul-1997

Court : Rajasthan

Reported in : II(1998)DMC619; 1997(1)WLC437

... that the offences under Sections 498A and 406, Indian Penal Code are distinct offences not covered under Section 220, Criminal Procedure Code. Both the above offences do not form part of the same transaction. Therefore, the learned Trial Court's view is erroneous that the offences are triable by it by virtue of Section 220, Criminal Procedure Code. No offence is ... offence was committed under Section 498A, Indian Penal Code at Manak Khedi i.e. within the territorial jurisdiction of the Court of the Additional Chief Magistrate, Suratgarh. It is further contended that the offences under Sections 498A and 406, Indian Penal Code are distinct offences not covered under Section 220, Criminal Procedure Code. Both the above offences ... Section 482, Criminal Procedure Code because the petitioners will have full opportunity to make their submissions in this regard before the learned Trial Court. In view of the above discussion, I hold that the learned Additional Chief Judicial Magistrate, Suratgarh has territorial jurisdiction to try the offences against the petitioner in view of the provisions contained in Sections 187(c), 179,181(4) and 220, Criminal Procedure Code ... Khedi is a continuing offence of Section 498A and dishonestly retaining the 'Stridhan' required to be returned at Manak Khedi i.e. offence under Section 406 forms part of the same transaction. In my opinion the provisions of Sections 178(c), 181(4) and 220, Criminal Procedure Code are clearly attracted to confer territorial ...

Mar 21 2001

Mohan Baitha and Ors. Vs. State of Bihar and Anr.

  • Decided on : 21-Mar-2001

Court : Supreme Court of India

Reported in : AIR2001SC1490; 2001(1)ALD(Cri)644; 2001(2)ALT(Cri)26; 2001(49)BLJR1171; 2001CriLJ1738; 2001(2)Crimes83(SC); I(2001)DMC687SC; JT2001(4)SC27; 2001(2)SCALE623; (2001)4SCC350

... by no stretch of imagination, the incident constituting the offence under Section 304B can be held to be one falling under Section 220 of the Code of Criminal Procedure, so as to be tried along with the offence under Section 406 at Bhagalpur. It may be noticed that under Section 220 of the Code of Criminal Procedure, offences more than one committed by the same persons could be ... the accused has relied upon Section 220 of the Code of Criminal Procedure and considering the narration of events culminating in the death of Kalpana, which constitutes offence under Section 304B of the IPC, the learned Single Judge has come to a conclusion that there appears to exist a continuity of action to attract Sub-section(1) of section 220, and therefore, it cannot be ... observed that the general rule laid down in Section 177 is neither exclusive nor peremptory. The learned Single Judge while dismissing the contention raised by the accused has relied upon Section 220 of the Code of Criminal Procedure and considering the narration of events culminating in the death of Kalpana, which constitutes offence under Section 304B of the IPC, the learned Single Judge ... find any infirmity with the conclusion of the High Court in applying Section 220 of the Criminal Procedure Code to the case in hand and in coming to the conclusion that the jurisdiction of the Magistrate at Bhagalpur cannot be held to have been ousted for the offence under Section 304B IPC. In the aforesaid premises, we see no merits in this ...

Aug 05 1985

Anil J. Solanke Vs. State of Maharashtra and Anr.

  • Decided on : 05-Aug-1985

Court : Mumbai

Reported in : 1985(2)BomCR778

... section 197, Criminal Procedure Code and could not be prosecuted without prior sanction. As regards the petitioner accused No. 1, both the courts have found that the acts amounting to an offence under section 220 of Indian Penal Code and 147(c) of the Bombay Police Act committed by the petitioner were not in discharge of his official duties and hence no sanction under section 197 Criminal Procedure Code ... on bail. 6. The complainant, therefore, filed the present complaint case under section 200 of Criminal Procedure Code read with section 161 of Bombay Police Act for the offence under section 220 of Indian Penal Code, 147 of Bombay Police Act read with sections 109 and 34 of Indian Penal Code.'2. As already stated above, both the courts have found that accused Nos. ... section 220 of Indian Penal Code and 147(c) of the Bombay Police Act committed by the petitioner were not in discharge of his official duties and hence no sanction under section 197 Criminal Procedure Code was necessary to prosecute him. It must be noted, however, that the trial Court issued process against accused under section 147 of Bombay Police Act and 220 of Indian Penal Code ... the provisions of sections 50 and 436 of Criminal Procedure Code. It is thus alleged that the accused Nos. 1 and 2 are guilty of the offence defined and punishable under section 220 of Indian Penal Code and accused persons 3 to 5 are also guilty of the same offence read with sections 109 and 34 of Indian Penal Code. It is submitted ...

Sep 25 2003

Vivek Gupta Vs. Central Bureau of Investigation and Anr.

  • Decided on : 25-Sep-2003

Court : Supreme Court of India

Reported in : 2003(2)ALD(Cri)1012; JT2003(Suppl1)SC614; 2003(8)SCALE100; (2003)8SCC628; 2004(1)LC140(SC)

... Section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a special Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis. 6. Section 22 of the Act provides that the provisions of the Code of Criminal Procedure, 1973 ... Code of Criminal Procedure with which we are concerned in the instant appeal. It is, therefore, apparent that the provisions of the Code of Criminal Procedure do apply to trials for offences under the Act subject to certain modifications as provided in Section 22 of the Act unless the application of any provision of the Code is excluded either expressly or by necessary implication.7. Section 220 of the Code of Criminal Procedure ... Code of Criminal Procedure, 1973 (2 of 1974). 4. Cases triable by special Judges. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in Sub-section (1) of section 3 shall be tried by special Judges only. (2) Every offence specified in Sub-section (1) of Section ...

Oct 12 2006

Manjula Vs. Colgate Palmolive (India) Limited, represented by its Auth ...

  • Decided on : 12-Oct-2006

Court : Chennai

Reported in : 2006(5)CTC303

... to note that what Section 219 of the Criminal Procedure Code contemplates is only the joinder of charges. The section itself appears under the head 'joinder of charges'. Only at the stage of framing of charges the requirements of Section 219 of the Criminal Procedure Code are to be considered. Evidently, Section 219 of the Criminal Procedure Code cannot stand in the way ... to defend them. Sections 219 and 220 Cr.P.C. lay down different and distinct exception to the general rule contemplated under Section 218 Cr.P.C. in framing charges. We are of the view that the number of three offences underlined in Section 219 of the Code cannot control Section 220(1) of the Code. 14. In ... Section 219 of the Criminal Procedure Code are to be considered. Evidently, Section 219 of the Criminal Procedure Code cannot stand in the way of the court taking on file the present complaint and proceeding further. The inclusion of four instances of dishonour of cheques in one complaint cannot be a ground to quash the same by invoking the inherent jurisdiction of this court under Section 482 of the Criminal Procedure Code ... section (2) of Section 212 or in Sub-section (1) of Section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. We are not concerned with other provisions of the Criminal Procedure Code.9. Section ...

Dec 21 1984

Mohan Mallu Rathod and Ors. Vs. State of Maharashtra

  • Decided on : 21-Dec-1984

Court : Mumbai

Reported in : 1985(2)BomCR633

... Sections 235 and 239 of the Code of Criminal Procedure, 1898 are analogous to sections 220 and 223 of the Code of Criminal Procedure, 1973. The application Exhibits 109 and 114 therefore, were rightly rejected by the learned Special Judge.17. By the applications Exhibits 111 and 131 (Annexures E and G respectively to the petition) the petitioners pleaded bar of limitation under section ... section 239 persons accused of the same offence committed in the course of the same transaction as well as persons accused of an offence and persons accused of abetment or of an attempt to commit such offence may be charged and tried together.'Sections 235 and 239 of the Code of Criminal Procedure, 1898 are analogous to sections 220 and 223 of the Code of Criminal Procedure, 1973 ... section (3) of section 7. This provision makes application to trial before the Special Judge all the provisions contained in the Code of Criminal Procedure relating to joinder of charges. These provisions find place in sections 218 to 224 of the Code of Criminal Procedure, 1973. These provisions are analogous to sections 233 to 240 of the Code of Criminal Procedure ...

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