Court : Chhattisgarh
Decided on : Dec-01-2014
..... 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 : Australia High Court
Decided on : Apr-02-2014
..... 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 : Supreme Court of India
Decided on : Jan-29-2014
..... 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
Decided on : Feb-26-2014
..... 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 : Andhra Pradesh
Decided on : Sep-03-2014
..... 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 ..... in saying the leave can be granted by high court (under section 378 cr.p.c (new)) under section 417 cr.p.c (old) to file appeal against ..... this 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 ..... 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 order .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-26-2014
..... ) it is further stated by the petitioners that after registration of fir under section 154 of the code of criminal procedure, 1973, (in short the code ) and recording of statements under section 161, the law prescribes that under section 164(5a) of the code, for all sexual offences including crime of rape, the police shall have the ..... before the court of sessions. the details furnished show that in 26 cases in which the accused persons were charged with various offences under ipc read with criminal amendment act, though court concerned has granted bail, the state has moved an application for cancellation of the same. the state authorities are directed to ..... be verified cautiously. place of incident was visited on 08.10.13 as she was not available on other date. statement under 164 crpc was recorded on 11.12.13. call details of mob. no.did not match with the incident. further statement of other witnesses has to be taken to corroborate ..... , the investigating officer had to investigate the case cautiously. later on statement of other witnesses were recorded. statement under 164 crpc was recorded on 09.12.13. after 164 crpc statement some other statement had to be taken. requisition of arrest was sent to the police station on 02.01.14 and ..... .-13/15(14)2013 dated 10.09.2013 and government order no.f.a.-2-367/ten-92-100(30)d/92-home police, section-12 dated 21.12.1992, financial assistance to the families of deceased and injured persons is to be given at the following rates:1. in case of death .....Tag this Judgment!
Court : Rajasthan Jodhpur
Decided on : Apr-22-2014
..... the application seeking release on bail/suspension of sentence in the matters where the conviction is recorded for the offence under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act of 1985 .). 2 the discussions made by learned single bench while making reference to the larger bench read as under:- ?? ? ? ? ??? ??? ? ? ? ? ?? ? ? ?? ? ? ??? ????? ? ? ?! ?? ?? $ 2009 air scw3648(union of india vs ..... 1 in the high court of judicature for rajasthan at jodhpur. answer to the reference in db criminal misc. ivth bail application no.1111/2013 in sb criminal appeal no.517/2010 daulat singh @ gatu versus state of rajasthan date of judgment ::22. d april, 2014 hon'ble mr.justice govind mathur hon'ble mr.justice atul kumar .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Jan-27-2014
..... victim. 8. the expression victim? is not defined in the prisons act. the definition of victim? in the code of criminal procedure shall, therefore, have to be relied upon. the definition of victim? in section 2(wa) of the cr. p.c., has itself been provided in the amending act 5 of 2009, amending the code of criminal procedure, 1973. this was also in aid of the doctrine of victimology. the ..... sentences. they challenge the deduction of 50% of the wages earned by them which have been appropriated to the common victims compensation fund, which has been created under section 36-a of the prisons act, 1894, as amended by the prisons (goa amendment) act, 2005 and the rules framed there-under being the goa prisons rules, 2006. 2. one tommy thomas who was convicted under the ..... is well accepted that the offence under the ndps act is taken to be so serious as to require a strict minimum sentence and fine and in which provisions of bail are applied more stringently than the offences under the general criminal law. a similar analogy, therefore, must apply to who is victimised by such crime. 12. it may be mentioned that whereas in ..... the case of an offence against an individual, be it murder, rape, dacoity or any other, the person who is victimized may be in the singular, in the case of offences under the ndps act, the p.c. act, etc., the entire society and the country is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-27-2014
..... 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 ..... be granted regular 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 crpc (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 ..... been brought before the magistrate. it is beyond cavil that a court takes cognizance of an offence and not an offender as observed in dilawar singh vs parvinder singh, (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 ..... 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 .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Mar-20-2014
..... for deciding 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 off places simply to ..... 2 scc 488. 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 code, 1973 (cr.p.c. for short), it was incumbent upon the magistrate to carry out an enquiry himself or direct investigation under ..... of issue of process, dated 11.10.2012 in regular criminal case no.239/2012 by chief judicial magistrate, jalgaon is quashed and set aside. the matter is remitted back to the chief judicial magistrate, jalgaon. the magistrate shall pass fresh orders after following the provisions of section 202 of the criminal procedure code. the chief judicial magistrate, jalgaon will pass fresh orders after .....Tag this Judgment!