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1975 Supreme(All) 389

B.N.KATJU
T. S. Bajpai – Appellant
Versus
K. K. Ganguly – Respondent


B. N. KATJU, J.

( 1 ) THIS is an application under Section 482, Cr. P. C. 1973.

( 2 ) ACCORDING to the facts stated in the application, a charge sheet was filed against the applicant by the Sub-Inspector, Special Police Establishment, Lucknow under Section 409, I. P. C. in the court of the Sipecial Magistrate, Anti-Corruption, Lucknow on 28-6-1973. The trial of the applicant was pending when the Code of Criminal Procedure, 1973 came into force on 1-4-1974. The Code of Criminal Procedure, 1973 repealed the Code of Criminal Procedure, 1898 and there is no provision in it corresponding to Section 14 of the Code of Criminal Procedure, 1898. It is mentioned in Section 484 (2) (b) of the Code of Criminal Procedure, 1973 that all notifications -published, proclamations issued, powers conferred, forms prescribed, local jurisdiction defined, sentences passed and orders rules and appointments, not being appointments as Special Magistrates, made under the old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been (published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code.











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