Court : Chennai
Reported in : 198ITR750(Mad)
..... -tax act, 1961, and which had been taken on file by the additional chief metropolitan magistrate, economic offences-i, egmore, madras, as c. c. no. 1286 of 1985, which complaint procedure code, on the ground that batta expenses for issuance of process to the respondent had not been paid, challenges the correctness of the above order in the present revision. 2. since ..... competent to issue sums when the non-bailable warrant already issued by it earlier had neither been cancelled nor executed and the warrant remained in force : (ii) section 204(4), criminal procedure code, would not apply since, under the criminal rules of practice, the income-tax department is exempted from paying process fees and that, therefore, the order of dismissal under section 204(4 ..... shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the magistrate may dismiss the complaint.' 11. rule 378 of the criminal rules of practice is to the effect that no fees shall be levied on processes issued upon complaints by public servants or officer of servants of a railway administration acting ..... be invoked since the process fee is not payable by the petitioner and his failure to pay the same would not attract the provisions of section 204(4) of the criminal procedure code. the dismissal under section 204, criminal procedure code, cannot be justified. 13. in the result, the criminal is allowed. the matter will go back to the trial court for fresh disposal according to law. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)101; 2001ALLMR(Cri)196(SC); 2001CriLJ111; RLW2001(1)SC20; 2000(7)SCALE557; Supp4SCR726; 2001(1)LC586(SC)
..... 13(1)(e) of the act and to proceed with the trial.'5. respondent then moved the high court under section 482 of the crpc (for short the code) challenging the aforesaid order. three contentions were mainly raised by him before the high court. first was that the investigation was not conducted in ..... ordered framing of charge against the respondent was legally empowered to try the offence alleged against the respondent it is not necessary to keep the criminal proceedings in abeyance so far as this case is concerned. we may point out that on this aspect also shri kapil sibal, learned senior counsel ..... and if no court has been empowered till then, the criminal proceedings can be kept in abeyance till the government issues a notification conferring such power on any other court. any way, since the court which ..... found that xxi city civil and sessions judge, bangalore is not empowered to try such cases, how could that be a ground to quash the criminal proceedings? at the worst that would be a ground to transfer the case from that court to the court having jurisdiction to try the offence, ..... and assets so disproportionate that he could not satisfactorily account for them. when respondent (s. bangarappa) moved the high court of karnataka for quashing the said criminal proceedings, a single judge of the high court, as per the order impugned in this case, quashed the same. this appeal, by special leave, is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC1910; 1971CriLJ1422; (1971)2SCC387; SuppSCR848
..... case, consider that major som nath... should be prosecuted in a court of law for the said offences. now therefore, the central govt. doth hereby accord sanction under section 197 crpc (act no. 5 of 1898) and section 6(1)(a) of the prevention of corruption act, 1947 (act ii of 1947) for the prosecution of maj. som nath for the ..... personal use and thereby also abused his official position and obtained pecuniary advantage for himself in a sum of rs. 3000.the facts disclose the commission of the offence of criminal misconduct as defined in section 5(1)(d) read with section 5(2) of the prevention of corruption act 1947 by major som nath accused. a regular case is therefore .....Tag this Judgment!
Court : Patna
..... government properties, such as, rifles and cartridges kept at cooperative bhawan. this exhibit is further corroborated by the statement of appellant, bahadur yadav, recorded under section 313 of the criminal procedure code. the trial court completely ignored and over looked these unimpeachable and important piece of evidence. over looking these evidence a judgment of conviction was passed and appellant, bahadur yadav, ..... erroneously been ignored by the trial court while examining the evidence. in the trial court judgment neither the statement of appellant, bahadur yadav, recorded under section 313 of the criminal procedure code nor exhibits 4, 4/1, 5 and exhibit 'a' have been considered or discussed though these exhibits throw light that the firing was not made by bahadur yadav as ..... 'chhath' festival and the offices, near-by the place of occurrence were closed. this witness has also admitted that his statement was not recorded under section 161 of the criminal procedure code, during investigation. he has stated that he was informed by three boys about the occurrence and has not witnessed the occurrence. he did not recognize the persons altercating with ..... judge, fast track court, iii, bhagalpur, in sessions case no. 149 of 1998, whereby bahadur yadav, appellant no. 1, of criminal appeal no. 179 of 2006 has been convicted under sections 302/34 and 379 of the indian penal code and sentenced to death punishment. he is ordered to be hanged by neck till death under section 302/34 of the .....Tag this Judgment!
Court : Patna
..... put it shortly, it is no part of the duty of a public servant, while discharging his official duties, to enter into a criminal conspiracy or to indulge in criminal misconduct. want of sanction under section 197 of the code of criminal procedure is, therefore, no bar.'17. reliance was placed on section 38 of the general insurance business act. that section protects officers and ..... business (nationalisation) act, 1972 they cannot be prosecuted for any act done by them in good faith muchless without sanction under section 197 of the criminal procedure code. secondly, the repudiation of claim does not invite any criminal liability and the same can be settled in a civil suit.6. after stay and notice, when these applications came up for final disposal before the ..... , affect civil remedies at all for suing the wrongdoer. 'it is anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred'.22. it is also well settled that the jurisdiction under section 482, criminal procedure code is to be sparingly exercised and in the case of quashing of the complaint or cognizance order the court is required to ..... quashed at the threshold stage itself. it is in the nature of defence which an accused may take in a criminal case and therefore whether under the general insurance business act read with the general clauses act or under the indian penal code -- when the question arises as to whether the particular act was done in good faith within the meaning of .....Tag this Judgment!
Court : Guwahati
..... the constitution has recognized the right of personal liberty as a fundamental right, it is therefore essential that the personal liberty of a citizen should not be trifled with. the code of criminal procedure has laid down the circumstances under which the order of arrest could be made by a magistrate and any action taken by the magistrate beyond the provisions of the ..... of the complainant was not recorded by the magistrate immediately before the arrest, but in the circumstances, he did so about an hour later under section 200 of the code of criminal procedure. the record, therefore, showed that the magistrate had been acting judicially and it could notbe held in the circumstances that the arrest of theplaintiff at the instance of the ..... accused, he has no power to issue any summons or warrant for his appearance or production the provisions for taking cognizance of offences are contained in section 190 of the code of criminal procedure, which are the conditions requisite for initiation of proceedings. under this section, the sub-divisional magistrate is competent to take cognisance of any oifence- '(a) upon receiving a ..... the learned subordinate judge was in error in holding that the arrest of the plaintiff was not in the exercise of any lawful authority. he submits that under the code of criminal procedure, the sub-divisional magistrate had ample jurisdiction to order the arrest of the plaintiff and even if in the exercise of that jurisdiction there was some irregularity, that would .....Tag this Judgment!
Court : Mumbai
Reported in : 2001CriLJ4563
..... provisions of a law made by parliament which parliament is competent to enact, the law made by parliament shall prevail. section 5 of the code of criminal procedure makes a provision that the provision contained in the code of criminal procedure shall not affect any special or local law for the time being in force, in the absence of any specific provision to the contrary ..... during the pendency of the bail application, we have to consider whether the petitioner can claim his release under the proviso to subsection (2) of section 167 of the code of criminal procedure even though the charge-sheet has now been filed against the petitioner/accused.18. mr. manohar, learned senior counsel appearing for the accused/petitioner, strenuously urged that by filing ..... ors v. state of maharashtra & ors., the apex court inter alia considered the question about the applicability of the proviso to sub-section (2) of section 167 of the code of criminal procedure with regard to an accused arrested for an offence registered under terrorist and disruptive activities prevention act [28 of 1987) (for short 't.a.d.a.'). the apex court ..... learned single judge referred the matter to division bench observing that, considering the magnitude of the offence the question whether the proviso to section 167(2) of the code of criminal procedure is attracted to the offence under the act of 1999 needs to be considered by the division bench for authoritative pronouncement on the point and accordingly directed the registry .....Tag this Judgment!
Court : Mumbai
Reported in : 1981CriLJ125; 1980MhLJ849
..... the court and seek formal permission to make further investigation when fresh facts come to light. 22. as observed by us earlier, there was no provision in the code of criminal procedure, 1898 which expressly or by necessary implication barred the right of the police to further investigation after cognizance of the case had been taken by the magistrate. neither ..... the investigation of crime is normally left to the investigation machinery and after completing the investigation the police authorities are expected to submit a report under section 173 of the code of criminal procedure. sub-section (8) of section `, which is newly added sub-section reads as under :-'173(8) nothing in this section shall be deemed to preclude further investigation ..... admn), : 1979crilj1346 .6. for properly appreciating the controversy raised before us, it will be worthwhile to make a detailed reference to the provisions of section 53 of the code of criminal procedure, which reads as under :'53-examination of accused by medical practitioner at the request of police officer - (1) when a person is arrested on a charge of committing an ..... application is placed before us for hearing.4. shri adhik shirodkar, the learned counsel appearing for the petitioner contended before us that the provisions of section 53 of the code of criminal procedure are violative of the fundamental right guaranteed under. article 20(3) of the constitution of india as it amounts to testimonial compulsion. he then contended that there is .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1970Bom225; (1968)70BOMLR757; 1970CriLJ799; ILR1969Bom1172; 1969MhLJ199
..... held that the trial had to proceed under section 251a as the report included both a cognizable and a non-cognizable offence, because the police were not prevented under the code of criminal procedure from investigating a non-cognizable offence along with a cognizable offence when the two arose from the same facts.9. in raghubans dubey's case. : 1967crilj1081 their lordships held ..... , (4) any magistrate or bench of magistrates empowered for the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the code of criminal procedure, 1898 (5 of 1898), may, if such magistrate or bench of magistrates thinks fit, on application in this behalf being made by the prosecution, try a contravention of any ..... person may be taken before the appropriate court having jurisdiction in the place where that person is for the time being. (3) notwithstanding anything contained in schedule ii of the code of criminal procedure. 1898 (5 of 1898), a contravention of any of the following rules, namely rules 9, 36, 133b and 133j, shall be triable by a court of session, a presidency ..... offence under section 135 is a non-cognizable one in view of the provisions of section 104(4) of the customs act which lays down:'notwithstanding anything contained in the code of criminal procedure. 1898, an offence under this act shall not be cognizable.'it was submitted on behalf of the accused that as the offence was a non-cognizable one, the investigation .....Tag this Judgment!
Court : Mumbai
Reported in : (1989)91BOMLR692; 1990CriLJ351; 1989MhLJ604
..... in : air1978mp100 , was disapproved in this decision. the full bench of the madhya pradesh high court while dealing with a case under bal adhiniyam had observed that the code of criminal procedure being a later central enactment must supersede bal adhiniyam which was in force in the state of madhya pradesh. the dissenting view taken by varma, j., in that full bench ..... they suffer no disqualification even when the offence is proved, no matter the gravity of the offence. for all these reasons therefore the jurisdiction of the courts created by code of criminal procedure to try juvenile delinquents is totally excluded even when the offence is punishable with death or imprisonment for life.14. i may further observe that the law relating to ..... force providing for the treatment, training and rehabilitation of youthful offenders.'11. in the present case the alleged offence is said to have been committed on 19th april, 1988. the code of criminal procedure, 1973 is in force from 1st april, 1974. we have already noticed that the juvenile justice act, 1986 is enforced from 2nd october, 1987. therefore the offences allegedly ..... be further assisted by a panel of two honorary social workers of which one to be a woman. section 5 reads thus :-'5.(1) notwithstanding anything contained in the code of criminal procedure, 1973, the state government may, by notification in the official gazette, constitute for an area specified in the notification, one or more juvenile courts for exercising the powers .....Tag this Judgment!