CiteTEXT
...in the two cases before the Additional Sessions Judge, New Delhi, for grant of pardon under Section 307 CrPC in return for making a full disclosure of the transactions relating to the drug smuggling...the Sessions Judge but went on to state that the powers under Section 64 of the Act were independent of and did not conflict with the powers conferred on the court under Sections 306 and 307 CrPC. NCB...from the court to strengthen its case against the other accused, the prosecution should have moved an appropriate application before the court either under Section 307 or under Section 321 CrPC, neither...
...-7-2006 the investigating officer made an application under Section 307 CrPC before the Designated Court that Respondent 3 may be tendered pardon on his readiness and willingness to disclose true and...correct facts about the conspiracy hatched by them for the murder of Pradeep Jain.8. On 18-7-2006 the Designated Court tendered pardon to Respondent 3 under Section 307 CrPC and....In the present case, the statement of approver i.e Riyaz Ahmed Siddique is not recorded after grant of pardon as pardon is granted under Section 307 CrPC by...
...Guj 12540.
4.6 Countering the arguments, learned Public Prosecutor Mr. Amin submitted that the provisions under Sections 306 and 307 CrPC are with different objects and are independent. The ...would not be made applicable to the procedure adopted by the learned Special Sessions Judge under Section 307 CrPC and in support of the submission, the learned Public Prosecutor has relied upon a...Prosecutor Mr. Amin stated that present case would fall under Section 307 CrPC, where the co- accused has been permitted to be examined as an approver and submits that Section 307 CrPC is invocabl...
...court in a closed envelope.19. On 3-1-1996 an application under Section 307 CrPC was filed on behalf of the prosecution with a prayer to tender pardon to the accused Raju...their liberty though for longer period.24. Referring to Sections 306 and 307 CrPC the learned counsel for the appellants submitted that as the statement of Raju, PW 2 was not recorded in terms of claus...the learned counsel a reference to Sections 306 and 307 CrPC is necessary. Section 306 provides:“306. Tender of pardon to accomplice.—(1) With a view to obtaining the...
...him to refer the case to the High Court under Section 307 CrPC. In either case he gets an opportunity of recording the kind of finding which is required by Section 479-A(1...the case for trial by the Chief Presidency Magistrate.6. It may be mentioned that in its order the High Court has observed that though the provisions of Section 479-A CrPC had..., and Section 463 and Section 467 which deal with offences of forgery and using forged documents as genuine, are still to be found in clauses (b) and (c) of sub-section (1) of Section 195 CrPC. In view...
..., Ramcharan son of Ramashray Rahidas is tendered pardon under Section 307 of CrPC on condition of his making a true and complete disclosure of the whole of the circumstances within his knowledge relating...refrain even from expressing any opinion about the effect of the alleged non-compliance with the provisions of Section 306(4) CrPC read with Section 307 CrPC, as admittedly after the grant of pardon...tried for offences under Sections 302, 307, 342 read with Section 149 and Sections 395 and 396 of IPC. Accused 1 Ramcharan Rahidas turned an approver and was examined as such. The learned Addl. Sessions...
...purview of Section 307 of the Code. The Court thereafter considered the provision of Section 465 CrPC and observed that the said provision cannot be attracted in a situation where a court having no...the ground that pardon could not have been tendered by the Chief Judicial Magistrate after committal of the proceedings to the Court of Session. It is apparent that as per Section 307 CrPC the Court of...mandatory directions contained in clause (a) of sub-section (4) of Section 306 CrPC as no statement of the approver was recorded by the Chief Judicial Magistrate during the committal proceedings, which...
...from expressing any opinion about the effect of the alleged non-compliance with the provisions of Section 306(4) CrPC read with Section 307 CrPC, as admittedly after the grant of pardon by the order...306(4) CrPC. Section 307 provides a complete procedure for recording the statement of an accomplice subject only to compliance with the conditions specified in sub-section (1) of Section 306. The law...(PW 53) made an application purported to be under Section 307 of the Code of Criminal Procedure on or about 21-3-2002 praying for grant of pardon to Kumar Gaurav (PW 1). The learned Sessions Judge...
...(Section 337 CrPC, 1898, old Code) has not been taken away, even if the offence can ultimately be tried by a Special Judge. Section 306 CrPC is applicable in a case where the order of committal has not been passed,...CrPC to the second respondent, against whom RC No. 15(A)96DLI dated 29-2-1996 under Section 7 of the Prevention of Corruption Act, 1988 was registered by the Central Bureau of Investigation, is legally...Section 164 CrPC, which was marked by the Special Judge to the Chief Metropolitan Magistrate, who assigned the same to the Metropolitan Magistrate and the statement of the second respondent under Section...
...2014 under Section 319 CrPC seeking to summon the second respondent PW 64 as an additional accused so as to be tried together with the rest of the accused, who are already facing the trial. That petition....”4. The factual background in which application under Section 319 of the Code of Criminal Procedure (for short “CrPC”) came to be filed by the appellant herein is as follows: some three month...his statement under Section 161 CrPC was recorded. Subsequently, on 26-9-2008, his statement was recorded under Section 164 CrPC by the learned Metropolitan Magistrate, George Town, Chennai. Finally...
...and both the accused are convicted and are sentenced for 10-10 (ten-ten) years' rigorous imprisonment and a fine of Rs 5000-5000 (Rupees five thousand only) for the charge under Section 307 read with Section 34 IPC. In the ...notice, in this case, admittedly, the offence committed under Section 307 IPC is not compoundable. In Ishwar Singh v. State Of Madhya Pradesh . (...offence under Section 307 IPC could be compounded in terms of the compromise reached at between the parties. It was categorically held that the offence under Section 307 IPC is not compoundable in terms of ...
...High Court under Section 401 CrPC can exercise any of the powers conferred on a court of appeal by Sections 386, 390 and 391 or on a Court of Session by Section 307 CrPC. The High Court could have...appearing for the State supported the order of the High Court. It is contended that under Section 386 clause (b) CrPC the High Court has right to alter the finding and the High Court having found that the.... The enhancement has been made by the High Court in appeal filed by the appellant under Section 386 CrPC challenging his conviction order.12. Powers of the appellate court...
...307 CrPC 1974 as it is a special provision in a Special Act which is also later), (2002) 5 SCC 548 (conflict between section 23 of the...D.1 Ineligibility during the resolution process and liquidationD.2 Interplay : IBC liquidation and Section 230 of the Act of 2013D.3...National Company Law Appellate Tribunal held that a person who is ineligible under Section 29A of the Insolvency Bankruptcy Code, 2016 to submit a resolution plan, is also barred from proposing a scheme...
.... 2013 SCC OnLine MP 4595 in and by which the High Court in exercise of its powers under Section 482 CrPC by taking...Section 320 CrPC can be taken note of and such orders of quashing of the proceedings can be passed in exercise of powers under Section 482 CrPC?4. The question is no..., (2015) 1 SCC (Cri) 89 clearly sets out as to in what circumstances and in what type of cases such exercise of inherent powers under Section 482 CrPC can be invoked deh...
...Section 306 or Section 307 CrPC, then he loses his character as an accused and adorns the status of a witness. Except for the prohibition under Section 306(4)(b...) CrPC are concerned, it is equally applicable to a person to whom pardon is tendered under Section 307 CrPC also. So also, the same conditions apply to a person to whom pardon is tendered under..., Section 306(4)(b) CrPC will have to be understood. If a person who is already on bail could continue on bail when pardon is tendered to him under Section 306 or 307 CrPC, then...
...noted that in the present appeals, the High Court in exercise of its powers under Section 482 CrPC has quashed the FIRs for the offences under Sections 307, 294 and 34 IPC and Section 394 IPC, Sections...”), and in exercise of its powers under Section 482 of the Code of Criminal Procedure, 1973 has quashed the proceedings against the accused for the offences punishable under Sections 307, 294 and 34...were recorded under Section 161 CrPC. That on 21-3-2013, the police arrested the accused.4.3. The accused filed Miscellaneous Criminal Petition No. 2572 of 2013 under Section...
...appeals, the High Court in exercise of its powers under Section 482 CrPC has quashed the FIR for the offences under Sections 307 and 34 IPC solely on the basis of a compromise between the complainant and...“the accused”), and in exercise of its powers under Section 482 of the Code of Criminal Procedure, has quashed the proceedings against the accused for the offences punishable under Sections 307 and 34...5 was advised for x-ray.5.3. That on 5-3-2013, the police reached on the spot and prepared spot map; statements of witnesses were recorded under Section 161 CrPC and the...
...petition before the High Court under Section 482 CrPC for quashing of the FIR and the proceedings in the said criminal case under Sections 307/34. It was alleged by Rajveer Singh that Offence No. 120/06...registered under Section 34 against Umrao Singh and Hemraj Singh for commission of offence under Sections 307/34 IPC for attack on police party. The complainant Hakim Singh was injured during the firing by the...made against the complainant of the instant case by the respondent-accused Rajveer Singh. It was alleged in the petition filed under Section 482 CrPC that he was harbouring the dacoits and gunshots...
...Bhandari (2011) 13 SCC 311 is concerned, undoubtedly this Court observed that since offence under Section 307 is not compoundable in terms of Section 320(9) ...reduction of sentence by projecting mitigating circumstances.19. However, we have some other cases decided by this Court commenting upon the nature of offence under Section 307 IPC. In Dimpey Gujral case ...committing the offence punishable under Section 307 IPC i.e attempt to commit murder. FIR No. 121 of 14-7-2010 was registered. In the aforesaid FIR, the allegations against the petitioners are that on 9...
...accused who are respondents herein are also acquitted of the offence under Sections 307/149 and Section 148 IPC. Their conviction and sentence under Sections 325/149, 232/149 and Section 148 IPC are...parties. The occurrence is the outcome of a sudden flare up. I think, these five appellants namely Sukhbir Singh, Dhan Pal, Mannu, Siri Chand and Om Pal are entitled to benefit under Section 360 CrPC...commit murder of Joginder. Their acquittal under Section 307 IPC is characterised as perverse. At any rate, it is said that they ought not to have been put on probation. It is an abuse of the process of...