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Criminal Procedure in 1973. 10. Section 438 of the Code of Criminal Procedure, 1973 reads as under: "438. Direction ... granted were sections 437 and 439 of the Code. Section 438 was incorporated in the Code of Criminal Procedure
Supreme Court of India
- Cites 63 - Cited by 5146 - D Bhandari - Full Document
excludes operation of section 438 of the Code of Criminal Procedure and to that extent takes away the statutory rights ... angle, bar u/s 18 of SC & ST Act shall be applicable, and petition under section 438
Patna High Court - Orders
- Cites 25 - Cited by 11 - Full Document
view has been taken. 4. Section 438 was introduced in the Code of Criminal Procedure on recommendation ... section his Lordship was further considering the 23 comparative scope and ambit of Section 438 Cr. P.C. with Sections
Patna High Court - Orders
- Cites 15 - Cited by 9 - Full Document
held that second bail petition under Section 438 , Criminal Procedure Code is not tenable. However ... Shacheendra Dwivedi, J. that second petition under Section 438 , Criminal Procedure Code would be tenable if the earlier petition
Madhya Pradesh High Court
- Cites 13 - Cited by 9 -
1996 (0) MPLJ 662
- R Awasthy - Full Document
enacted as Section 438 of the Code of Criminal Procedure 1973. Section 438 reads as under:- "438. Direction for grant ... case law. 13. While incorporating Section 438 in the Code of Criminal Procedure the Law Commission intended that this extraordinary
Rajasthan High Court
- Cites 31 - Cited by 8 -
2005 CriLJ 2086
- S K Sharma - Full Document
direction of the Court under Sub-section (1). 4. In Section 438(1) Cr.P.C. there are two essential ... bail granted under Section 438 must be deemed to be the orders of bail under Section 439 ,
Madras High Court
- Cites 57 - Cited by 7 -
1999 (1) ALD Cri 224
- M Karpagavinayagam - Full Document
reasons for granting anticipatory bail. Sub-section (1) of Section 438 , Cr.P.C . provides thus : "When any person ... trial. Section 439 relates to constitutional right of the accused whereas Section 438 to his statutory right. Section 438 does
Rajasthan High Court
- Cites 28 - Cited by 6 -
II (2001) DMC 17
- S K Sharma - Full Document
Respondent No.1 under Section 438 of the Code of Criminal Procedure (Cr.P.C.) for grant of anticipatory bail ... Penal Code. 8. The Respondent No.1 thereupon filed an application in the Madras High Court under Section 438
Supreme Court of India
- Cites 14 - Cited by 4 - A Kabir - Full Document
Courts that the provisions of Section 438 of the Code of Criminal Procedure cannot be invoked in relation to accusations ... avail of the provisions of Section 438 of the Code of Criminal Procedure by preferring an anticipatory bail application
Karnataka High Court
- Cites 24 - Cited by 4 -
2002 CriLJ 3311
- Full Document
grant of anticipatory bail under Section 438 of Criminal Procedure Code. The petitioner is the Managing Partner of a firm ... whether this Court has power under Section 438 of the Criminal Procedure Code to grant a person accused of contravention
Andhra High Court
- Cites 11 - Cited by 3 - Full Document
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