AI Overview...
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Section 138 NIA Application - The sources do not explicitly detail the procedural aspects or legal standards specific to Section 138 of the NIA Act. However, general principles of criminal procedure under the CrPC, such as the exercise of jurisdiction, bail, and investigation procedures, are discussed in various contexts. For example, Sections 437, 439, and 374(2) CrPC are referenced in relation to bail and appeals, indicating that applications under Section 138 would similarly involve judicial scrutiny of evidence, prima facie case, and procedural compliance 00100057375.
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Legal Framework and Judicial Approach - Courts emphasize the importance of judicious exercise of discretion and adherence to procedural safeguards when dealing with applications under criminal laws, including provisions relevant to NIA cases. Guidelines for declaring proclaimed offenders and ensuring due process are highlighted, stressing that declarations and subsequent actions must comply with established legal conditions Sunil Tyagi VS Govt of NCT of Delhi - Delhi, Sunil Tyagi VS Govt Of NCT Of Delhi - Delhi.
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Application of CrPC in NIA Proceedings - The application of Sections 82 and 83 (proclaimed offenders), and the necessity of proper reasons and due process, are underscored, indicating that applications under Section 138 would similarly require adherence to procedural norms, such as proper investigation, submission of materials, and judicial review Sunil Tyagi VS Govt Of NCT Of Delhi - Delhi, Sunil Tyagi VS Govt of NCT of Delhi - Delhi.
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Investigation and Evidence Collection - Several sources discuss procedures for search, seizure, and recording of statements, emphasizing that applications for search warrants, seizure, or production of accused (as in TIP proceedings) must be supported by proper applications, reasons, and adherence to legal protocols Neeta Bhalla (A-4) VS S. M. S. Pharmaceuticals Ltd. , Hyderabad - Crimes, Neeta Bhalla (A-4) VS S. M. S. Pharmaceuticals Ltd. , Hyderabad and another - Dishonour Of Cheque, Vijay Madanlal Choudhary VS Union of India - Supreme Court.
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Summary and Conclusion - While specific procedural details of Section 138 NIA applications are not explicitly provided in the sources, the overarching principles suggest that such applications must comply with CrPC provisions, ensuring proper investigation, judicial oversight, and adherence to constitutional safeguards. Applications should be supported by proper reasons, evidence, and procedural compliance, aligning with the general legal standards for criminal proceedings Pinki VS State of Uttar Pradesh - Supreme Court.
References: - CrPC Sections 82, 83, 164, 437, 439, 374(2) - NIA Act, Sections 14, 141 - Case law on bail, proclaimed offenders, and investigation procedures
Search Results for "Sec 138 Nia Application under 311 Crpc"
• India - Crimes
B.SUDERSHAN REDDY
But at the same time it is equally well settled that this court in exercise of its power under Section 482 Cr.P.C. would not normally ... A bald allegation by merely repeating those magic words mentioned in Sec. 141 of the Act would not be enough. ... ... Held: A plan reading of Sec. 14 f of the Act would make it clear ... In this application. ... Before adverting to the question as to whether the petitioner is entitled to any relief in this application, it may be necessary to briefly notice the releva....
• India - Dishonour Of Cheque
B.SUDERSHAN REDDY
well settled that this court in exercise of its power under Section 482 Cr.P.C ... A bald allegation by merely repeating those magic words mentioned in Sec. 141 of the Act would not be enough. ... ... Held: A plan reading of Sec. 14 f of the Act would make it clear ... In this application. ... Before adverting to the question as to whether the petitioner is entitled to any relief in this application, it may be necessary to briefly notice the relevant facts leading to the filing of this applic....
2023 0 Supreme(AP) 1441 • India - Andhra Pradesh
VENKATA JYOTHIRMAI PRATAPA, A. V. SESHA SAI
the Case: The appellant, Accused No.7, filed a criminal appeal seeking bail under Ss. 437 and 439 of the Code ... The appellant argued that the prosecution erroneously invoked Sec. 120 B IPC and failed to establish a prima facie case under Sec ... Sec. 18 of the Unlawful Activities (Prevention) Act, 1967 - Interpretation of key legal provisions and their ... Sec. 374(2) of the Code of Criminal Procedure. ... It is also pertinent to note that when Accused Nos.19, 16 and 12 approached th....
2025 3 Supreme 385 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
Case was registered for offence punishable under Sections 363, 311 and 370(5) of IPC. ... (Paras 13 and 18) (B) Criminal Procedure Code, 1973 – Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023 ... (Paras 25, 29, 55 and 62) (C) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483(3) [Criminal Procedure ... One of the judgments of this Court on the aspect of application of mind and requirement of judicious exercise of discretion in arriving at an order granting bail to the accused is Brijmani Devi vs. ... While c....
2022 7 Supreme 193 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
rank of Deputy Director can authorise officers to carry out search and seizure – Provision to record reasons shows it requires application ... but also prevention – Search of a female person can be done only by a female – Upon seizing property concerned office to submit application ... and materials in his possession to Adjudicating Authority in a sealed envelope – Officer seizing property is obligated to submit application ... [Supra at Footnote No.311]. ... Modified application of certain provisions o....
2021 0 Supreme(Del) 2113 • India - Delhi
J. R. MIDHA
ensuring justice and proper processes; the gap between law and justice recognized and necessitates guidelines for effective and fair application ... (A) Code of Criminal Procedure, 1973 - Sections 82 and 83 - Declaration of Proclaimed Offenders - Petitioners declared Proclaimed ... Section 86 CrPC lays down the rule regarding appeal from order rejecting application for restoration of attached property. Suggestions of Mr. N. ... If any authorized person moves an application to show the reasons for non-....
2021 0 Supreme(Del) 831 • India - Delhi
J.R.Midha
(A) Code of Criminal Procedure, 1973 - Sections 82 and 83 - Proclaimed offenders - Declaration of Proclaimed Offenders without due ... process - Court laid down guidelines for issuance of proclamations under Sections 82 and 83 CrPC and the need for compliance with ... proclamations and ensure that persons are declared Proclaimed Offenders only after compliance with the conditions necessary under the CrPC ... If any authorized person moves an application to show the reasons for non-appearance of the accused, the Court sho....
2023 0 Supreme(Del) 10248 • India - High Court of Delhi
SIDDHARTH MRIDUL, AMIT SHARMA, JJ
(A) Criminal Procedure Code, 1973 - Section 374 - Indian Penal Code, 1860 - Sections 186, 333, 353, 302, 307, 34 - Arms Act, 1959 ... An application was filed seeking application seeking his TIP was moved by the Investigating Officer. However, the appellant refused to participate and hence, no TIP could be conducted. Subsequently, the appellant was remanded to police custody for 10 days. ... Sriniwasan (PW-88) moved an application seeking direction of the Court to produce him before the concerned Court of the learned Chi....
2018 7 Supreme 129 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, ASHOK BHUSHAN, A. K. SIKRI, D. Y. CHANDRACHUD
[1999] 1 AC 69; [2007] UKHL 11; (1983) 65 BVerfGE 1; (2008) 48 EHRR 1169; Application ... ... 138. ... The procedure for application for PAN is prescribed in Rule 114 of the Rules. The forms prescribed for PAN application are Forms 49-A and 49-AA for Indian and foreign citizens/entities. ... ... (d) Which of the application forms i.e. the existing one or the one now suggested by TRAI should be adopted as universal application form for purchase of a SIM card? ... Para 138#H....
2024 0 Supreme(Gau) 1331 • India - Gauhati
KALYAN RAI SURANA, MRIDUL KUMAR KALITA
311) In his cross-examination, PW-26 had stated that for recording his statement under section 164 CrPC, he was taken to Court by NIA officials and that he had come out of the Court with the NIA officials. ... 138) The examination of A-6 under section 313 CrPC was read, specifically Q.12 and Q.21. ... Sections 63 and 65 have no application in the case of secondary evidence by way of electronic record; the same is wholly governed by Sections 65-A and 65-B. ... Howeve....
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