Whether date of birth mentioned in ADHAR CARD is conclusive?

The learned A.G.A. has submitted that the date of birth entered in an Aadhar Card has not been conferred any conclusive status by law and, therefore, it would be appropriate that this petition be disposed off by requiring the investigating agency to determine the age of the victim and record the statement of the victim and, thereafter, take appropriate action as per law.

6. Having perused the record. We do not find any other documentary evidence on the basis of which we could hold the victim to be an adult.  It is not provided by law that the date of birth entered in an Adhaar Card would be conclusive.

IN THE HIGH COURT OF ALLAHABAD

Criminal Misc. Writ Petition No. 24015 of 2019

Decided On: 22.11.2019

 Kishan Kumar  Vs. State of U.P. 

Hon'ble Judges/Coram:

Manoj Misra and Virendra Kumar Srivastava, JJ.

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Supreme Court: Order of Magistrate is not required for every facet of investigation

We are of the view that the manner in which investigation is

to be carried out must be decided by the Investigating Agency.

Further it is for the Magistrate exercising power under Section

156, CrPC to see whether the investigation is properly conducted or

not. It is for the Investigating Agency to investigate a crime in

the manner which it feels is the best. It can approach the

Magistrate for assistance or specific orders when there is

something beyond the scope of investigating agency for which orders

of the Magistrate are required but the investigating agency can

carry out the investigation, without orders of the Magistrate. It

is not necessary that for every facet of investigation, orders from

the Magistrate are required. That is not the purpose of the CrPC.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

M.A. No. 980/2019 in C.A. No. 6312/2014

PRAVEEN KUMAR PRAKASH Vs THE STATE OF JHARKHAND

Dated:OCTOBER 17, 2019.

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Whether accused who is arrested during further investigation can be remanded by court as per S 167(2) of CRPC?

In view of the above facts, in the present case, in our
opinion, the High Court is not justified on the basis of Dinesh

Dalmia (supra) in upholding refusal of remand in police
custody by the Magistrate, on the ground that accused stood
in custody after his arrest under Section 309 CrPC. We have
already noted above the principle of law laid down by the three
judge bench of this Court in State v. Dawood Ibrahim
Kaskar (supra) that police remand can be sought under
Section 167(2) CrPC in respect of an accused arrested at the
stage of further investigation, if the interrogation is needed by
the investigating agency. This Court has further clarified in
said case that expression ‘accused if in custody’ in Section
309(2) CrPC does not include the accused who is arrested on
further investigation before supplementary charge sheet is
filed.
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1081 OF 2015
(Arising out of S.L.P. (Crl.) No. 3611 of 2015)
Central Bureau of Investigation V Rathin Dandapat and others 
Citation; 2015 ALLMR(CRI)3678 SC
Prafulla C. Pant, J.

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Whether accused is duty bound to co-operate with investigating agency?

It is urged by learned counsel for A1 that application dated
18/6/2012 filed by the prosecution under Section 53-A read with
Section 173(8) of the Cr.P.C. was not tenable inasmuch as the
accused was earlier medically examined. It is submitted that Section 53-A of the Cr.P.C. speaks of examination of person accused of rape,
by medical practitioner. It must be done immediately after the arrest.
Direction issued to A1 to submit himself to medical examination is
illegal.
We feel that this submission is raised to avoid medical
examination. It is the prime duty of the accused to cooperate with the
investigating agency.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO.5844 OF 2014
Siva Vallabhaneni
Vs.
State of Karnataka & Anr.
Citation;(2015)2 SCC90

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