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...though in custody, the same will not be counted within the 60/90 day period. The custody on the date of remand is distinct from the arrest of an accused under Section 56 CrPC as that is considered as a...period prior to production before the Magistrate. By this logic, even if the accused is under custody it would neither be under Section 56, nor under 167(2) of the CrPC. This will lead to an apparent...: "….36. Section 57 of the CrPC mandates that the accused be produced before a Magistrate within 24 hours of arrest and under Section 167(2) the Judicial Magistrate is...

...that in question 1 put to the appellant under Section 313 CrPC he was told that he had been found in possession of an AK-56 rifle besides the live cartridges. On this basis it is argued that the...description of the weapon put to the appellant in his statement under Section 313 CrPC as AK-56 had prejudiced him, it would still not affect the prosecution case because there is nothing on the record to...show that Rifle Ex. P-1 was not an AK-56 rifle. Besides in answer to question 4 put to the appellant in his statement under Section 313 CrPC his attention was specifically invited to the recovery of...

...Bhagwan Prasad Srivastava case (1970) 2 SCC 56, (1971) 1 SCR 317 the underlying object of Section 197 CrPC is to enable...issuance of process Respondent 2 moved the High Court under Sections 397/401 read with Section 482 CrPC for quashing the cognizance taken and also the issue of process. The main ground of challenge was...that being in the employment of the State Government Respondent 2 enjoyed the protection of Section 197 CrPC and that no court could take cognizance of the offence alleged to have been committed by...

...stated to have informed them about their rights under Section 440 of CrPC, however, subsequently no bail applications were 56...non-compliance in so far as insistence of bail application under Section 88 of CrPC, therefore, the High Court is required to inform on its compliance alone. (iii) In...Section 438 of CrPC. 2. Union Territory of Andaman and Nicobar Islands -Directions to be complied with: (i) In terms...

...(2014) 3 SCC 92, 123 & 125-26, paras 12-14, 17-19, 22, 47 & 53-56)“12. ...at the site of incident. That the investigating officer submitted his report under Section 173(2) CrPC against four accused only. That, thereafter the investigating agency conducted further...investigation by Jagdeep Singh HPS, DSP, Panipat. It appears that a report under Section 173(8) CrPC was also submitted. According to the investigating officer, on the date of the commission of the offence the...

.... The trial court thereafter fixed the date for hearing final arguments as 5-3-2013.4. The appellant preferred an application under Section 311 CrPC on 5-3-2013 for permission...considered the rival submissions made by the learned counsel for the parties and perused the record.8. Section 311 CrPC empowers the court to summon a material witness, or...Section 313 CrPC had been recorded, the prosecution had filed an application to further examine a witness and the High Court had allowed the same. This Court then held, that once the accused has been...

...No. 425 of 2009, the trial court disallowed the applications of the respondents filed under Section 311 of the Code of Criminal Procedure (CrPC), to re-examine PW 9, the informant. The High Court...respondent came forward with a petition dated 24-8-2007, under Section 311 CrPC and sought for permission for his re-examination. For the same purpose, the Additional Public Prosecutor also filed a...Court to pass the impugned order, which according to the learned counsel is on the face of it, not sustainable under Section 311 CrPC.11. The learned counsel further...

..., 22, 47 & 53-56)“12. Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this....56. There is yet another set of provisions which form part of inquiry relevant for the purposes of Section 319 CrPC i.e. provisions of Sections 200, 201, 202, etc. ...Bhupinder Singh who took the injured appellant to the hospital was also examined as PW 7. That, thereafter, the appellant herein filed an application before the learned trial court under Section 319 CrPC...

...circumstances as explained hereinabove.56. There is yet another set of provisions which form part of inquiry relevant for the purposes of Section 319 CrPC i.e provisions of...of inquiry or trial as contemplated under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”).2. The initial reference was made by a two...(2004) 13 SCC 9 came to be answered in relation to the power of a Court of Session to invoke Section 319 CrPC at the stage of committal of the case to ...

...This petition is filed by the petitioner-accused No 1 under Section 439 CrPC, seeking to release her on bail in Crime No 56 of 2017, registered by the respondent-police for the offences...punishable under Sections 370 read with This petition is filed by the petitioner-accused No 1 under Section 439 CrPC, seeking to release her on bail in Crime No 56 of 2017, registered...

...Order 23/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No.56/2009 registered at Police Station, Bhadsora, District..., this bail application is allowed and it is directed that accused petitioner(s) Madan Lal S/o. Prabhu Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he...conditions laid down under Section 437(3) Cr.P.C. (SANJEEV PRAKASH SHARMA) J. Sanjay ...

...Order 24/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No.56/2017 registered at Police Station...directed that accused petitioner(s) Pancharam Son of Shri Hariram, Dholaram Alias Shanker Lal Son of Shri Sukhram and Revata Ram Son of Prahalad Ram shall be released on bail under Section 439 CrPC in...Nagana, District Barmer for the offences under Section 420, 467, 468, 407, 379 & 120-B of IPC and Section 3/7 & 3/8 of Essential Commodities Act. (2 of 3) [CRLMB-10830/2017...

...Judgment / Order 21/11/2017 This bail application has been filed under Section 439 CrPC in connection with FIR No. 56/2011 registered at Bijoliya Police Station , District Bhilwara for...petitioner Suresh Jain @ Puchhi S/o Ramchandra Jain shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties...the offences under Section 302, 307, 148, 341, 332, 353, 120-B IPC. Learned counsel for the petitioner has submitted that the identification parade where in...

...'), being aggrieved by the order dated 8.2.2017 passed by the Special Sessions Judge, Gwalior, whereby bail application of the appellant under Section 438 CrPC has been dismissed. FIR...bearing Crime No.56/2016 has been lodged against the appellant for the offences under Sections 354 of I.P.C. read with Section 3(1) 1(3), 2(5) of the Act, at Police Station- G.R.P., N.G., Gwalior. It..., in view of the provisions of Section 18 of the Act, this appeal for releasing the appellant on anticipatory bail under Section 438 CrPC is not maintainable. Therefore, the appeal is dismissed. (SUNIL KUMAR AWASTHI) JUDGE ...

...of the victim as 1st November, 1991. The said High School certificate was taken on record by order dated 18th April, 2014. Later, the prosecution moved an application no.56-B under Section 311 CrPC...the earlier order dated 18th April, 2014 the instant application under Section 482 CrPC has been filed. Learned counsel for the applicants submitted that the view taken by the Court... So far as the order dated 18th April, 2014 taking the High School certificate on record is concerned, the said order cannot be said to be without jurisdiction, inasmuch as, under Section 91 ...

...mentioned in the reference.”56. Section 369 CrPC further stipulates that every case referred under Section 366 to the High Court shall be heard and decided by at...v. State Of Punjab . (1982) 3 SCC 24, SCC at p. 62, para 26. Further, Section 354(3) of the CrPC recognizes the...in circulation, hence the need for oral argument.10. Shri Ranjit Kumar, learned Solicitor General began his argument by referring to Section 362 of the CrPC and saying...

...No. 4 is the married sister-in-law.11. We have gone through the statements of the victim-housewife recorded under section 164 CrPC, which is at page 56 of the case diary...order is subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.15. The application for anticipatory bail is, thus, disposed of.16. Personal appeara...

.... *** 68. Since there is no express provision that excludes the application of Section 220 CrPC, it needs...to be examined if the MMDR Act has by necessary implication excluded the application of Section 220 CrPC. In this context, it needs to be determined if Section 30-B of the...MMDR Act while establishing the Special Court for the offences under Section 4 of the MMDR AcT, by necessary implication excludes the application of Section 220 CrPC...

.... ORDERORDER Learned counsel for the applicant requests for withdrawal of this secondsecond bail application filed under Section 439 of CrPC. Earlier bail application was dismissed as...under Section 309 of CrPC. Avi 1 MCRC-29241-2024 2 MCRC-29241-2024... bhargavavinash3082@gmail.com 2024-07-20T17:57:56+0530 AVINASH BHARGAV...