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Showing posts with label police. Show all posts
Showing posts with label police. Show all posts
Wednesday, 4 February 2026

Supreme Court: Magistrate cannot direct Police to include accused in charge sheet, instead issue summons to person proposed to be added.

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 Having considered the matter, we find some technical merit in the contention of the learned counsel for the petitioner.  The Court  has the...
Monday, 28 October 2024

Discuss the role and function of police for prevention of crime under Criminal procedure Code

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  Chapter XI PREVENTIVE ACTION OF THE POLICE S  149 of CRPC-  Police to prevent cognizable offences .—Every police officer may interpose for...
Monday, 12 August 2024

Supreme court: Statement Of Accused is Inadmissible U/S 27 of Evidence Act If No New Fact Is Discovered Pursuant To Disclosure

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  On a threadbare analysis of the entire record, we do not find that the prosecution examined any witness who had deposed about the link evi...

Supreme Court: The court should not rely on FSL report if prosecution has failed to prove chain of custody

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  The trial Court as well as the High Court heavily relied upon the FSL reports(Exhibits 111-115) to hold that blood group found on the weap...

Supreme court: Confession Recorded By Medical Officer When Accused Were Presented By Police Officers Inadmissible As Evidence

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The trial Court as well as the High Court, placed extensive reliance on the confessions of the Accused Appellants Mohmedfaruk @ Palak Safibh...
Sunday, 30 June 2024

SOP on preliminary enquiry by police under BNSS 2023

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  https://drive.google.com/file/d/1TsMTdAS3NJMJ0C6FupMmYpd-MZk9_jj9/view?usp=sharing
Sunday, 26 May 2024

Whether police can say that accused is not co-operating if he is exercising his right to remain silent?

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  It is relevant to note that though it is within the powers of the Investigating Agency to interrogate, the accused has a right to remain s...
Monday, 20 May 2024

Supreme Court: Accused can not claim the right of audience during police investigation and issuance of rogatory letter by the court

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 The above contentions were tested by the High Court on the anvil of two legal propositions, namely, (1) There is no compliance of the princ...
Sunday, 25 February 2024

Supreme Court: Police Must Exercise Heightened Caution When Drawn Into Dispute Involving Unethical Transactions

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 As parting suggestions, it becomes imperative to state that the police should exercise heightened caution when drawn into dispute pertainin...
Sunday, 24 December 2023

Whether Police Must Secure Transit Remand For Arrests Outside State To Safeguard Rights of accused Under Article 22 of constitution?

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   Section 48 of Code of Criminal Procedure permits the police to pursue an Accused in other jurisdictions. A police officer, for the purpos...
Saturday, 5 August 2023

Bombay HC Directs Police To file Photos of victim in sealed cover alongwith chargesheet to avoid disclosure of identity of Victim of Sexual assault

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We would like to specifically mention here that Section 228-A was inserted in Indian Penal Code with effect from 25.12.1983, which prohibits...
Sunday, 23 July 2023

Whether the court can grant remainder days of police custody remand of accused if police could not interrogate him previously if he was admitted in hospital?

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7.1.  It is true that in the case of Anupam J. Kulkarni (supra), this Court observed that there cannot be any police custody beyond 15 days ...
Sunday, 21 May 2023

Can The Home Secretary order further investigation or reinvestigation of a Criminal case by another agency?

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  That thereafter, non-bailable warrant was issued against Respondent No. 8 and only thereafter, mother of Respondent No. 8 - Accused moved ...

Can the accused seek default bail if the police have filed an incomplete chargesheet without obtaining sanction for prosecution?

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In our view, grant of sanction is nowhere contemplated Under Section 167 Code of Criminal Procedure. What the said Section contemplates is t...
Saturday, 20 May 2023

Supreme Court :The court should not release Accused on bail in Money Laundering Case if the police have filed Chargesheet In Predicate Offence

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6.3  From the impugned judgment(s) and order(s) passed by the High Court, it appears that what is weighed with the High Court is that charge...
Sunday, 5 March 2023

Can the Motor accident claim tribunal direct police to Exhume the dead Body for DNA Test to ascertain that claimants are legal heirs of the deceased?

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The present petition under Article 227 of the Constitution of India  preferred by the legal heirs of Mr. Sujaat Ali assails the order dated ...
Sunday, 2 October 2022

Can Police Disclose WhatsApp Chats and Photos Collected During Investigation Under RTI Act?

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I. Conclusions of the Court 28. The competing arguments advanced on behalf of the parties lead to the following conclusions : a)􀀁 The desig...
Sunday, 31 July 2022

Whether Police Officer Can Summon A Person For Investigation From Outside Territorial Limits Of His Station Or Adjoining Station?

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  From the plain reading of the sub-section (1) of Section 160 Cr.P.C, it is evident that for the purposes of investigation, a police office...
Thursday, 7 July 2022

Whether accused can pray to the court for the preservation of the CDR of the raiding party’s mobile phone to prove his innocence?

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  The counsel for the petitioner argued that the petitioner was falsely implicated in the present case by the investigating agency and was n...
Sunday, 3 July 2022

Whether Offence U/S 505(2) IPC is made out against accused journalist if he reports Differences Between Police Departments?

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 Before going into the facts and ratios laid down in above judgments, it will be material to consider the provisions and ingredients of Sect...