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State of Nct of Delhi Vs. Ravi Kant Sharma and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 145 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 172, 173, 173(6), 207, 208, 397, 401 and 482

Reported in : AIR2007SC1135; 2007CriLJ1674; 137(2007)DLT577(SC); JT2007(3)SC501; 2007(2)KLT349(SC); RLW2007(2)SC1237; 2007(3)SCALE135; (2007)2SCC764

directing that if the gist's of the interrogation can be regarded as statements under Section 161(3) of the Code of Criminal Procedure, 1973 (in short the 'Cr.P.C.'), although in summary form, then the same would have to … the entire case diary maintained by the police was made available to the accused. Under Section 172 of the Criminal Procedure Code, every police officer making an investigation has to record his proceedings in a diary setting forth the time

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36, 162, 172 and 202; Evidence Act, 1872 - Sections 27, 32(1), 35, 122, 123, 124, 126, 129, 145 and 161; Constitution of India - Articles 32 and 226

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

serious difficulty in its resolution, if we have regard to the terms of Sections 162 and 172 of the Criminal Procedure Code on which reliance has been placed on behalf of the State.3. We will first consider the question in … these documents on the ground that they are protected from disclosure under Sections 162 and 172 of the CrPC 1973 and the petitioners are not entitled to see them or to make any use of them in the … investigation, provided they are otherwise relevant under some provision of the Indian Evidence Act.6. We now turn to Section 172 which is the other section relied upon by the State. That section reads as follows:172. Diary of proceedings

Shri Adil Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : CriminalFERA

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 7; Foreign Exchange Management Act, 1999 - Sections 37 and 37(3); Income Tax Act, 1961 - Sections 132 and 132(4); Customs Act - Sections 108; Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 83, 84, 85 and 482; Constitution of India - Articles 22(5) and 226; Indian Penal Code (IPC) - Sections 172 and 174

Reported in : 2004CriLJ1986; 110(2004)DLT583; 2004(74)DRJ85

issued for his appearance and action resorted for initiating proceedings under Section 82, 83, 84 and 85 of the Criminal Procedure Code 1973, in accordance with the provisions of Section 7(i)(a) of the Act. A reference has been made to … under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, the petitioner seeks the quashing of his detention order … the custom authorities despite repeated summons issued to him and on his failure to appear, the proceedings under Section 172 and 174 IPC were initiated and, thereforee, the detaining authority was handicapped in passing the impugned order. The

State Vs. Ravikant Sharma and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(3), 172 and 397(2)

Reported in : 130(2006)DLT370; 2006(89)DRJ421

Public Prosecutor, these are not statements which fall within the meaning of Section 161(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and thereforee, the accused would not be entitled to any copies … not statements which fall within the meaning of Section 161(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and thereforee, … the respondents/accused also submitted that even on merits, they had a good case insofar as by virtue of Section 172 of the Code, the Investigation Officer is required to maintain a case diary. He referred to the decision

State of Kerala Vs. Babu and ors

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 161, 162, 172 and 207; Evidence Act, 1872 - Sections 123, 124, 145 and 155; Bankers' Books Evidence Act, 1891

Reported in : AIR1999SC2161; 1999(2)ALT(Cri)285; 1999CriLJ3491; 1999(3)Crimes27(SC); JT1999(3)SC394; 1999(2)KLT301(SC); 1999(3)SCALE83; (1999)4SCC621; [1999]2SCR978; 1999(2)LC938(SC)

statement - Sections 91, 161, 162 and 172 of Criminal Procedure Code, 1973 and Section 145 of Evidence Act, 1872 - Court entitled to summon … to the counter case, but the principles set out in the section apply. There is no provision in the Criminal Procedure Code which would prevent the Court from looking into the diary of the counter case, or from using the … summoned being a case diary not of the case which is being tried in the sessions trial under Section 172 of the CrPC (hereinafter referred to as 'the Code'), it is impermissible for the court to summon the

Chander Prakash @ Chander Vs. the State (Delhi Admn.)

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 172(2); Indian Penal Code (IPC), 1860 - Sections 34 and 302

Reported in : 1995CriLJ3028; 58(1995)DLT238

to any one. The case debated on considerations for transfer of case under Sections 407 & 409 of the Criminal Procedure Code, 1973 - The transfer was for the sessions judge who heard the matter prior to its transfer on … India & Another, : AIR1989SC144 , the Supreme Court has clearly laid down that under Sub-section 2 of Section 172 of the Code of Criminal Procedure the Court has the unfettered power to examine the entries inthe diaries … punishable under Section 302 read with Section 34 of the Indian Penal Code and also convicted under Section 120B of the Indian Penal Code which

Rama Rao and anr. Vs. Narayan and anr.

Court : Supreme Court of India

Subject : Trusts and SocietiesCriminal

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 95 and 146; Code of Criminal Procedure (CrPC) , 1973 - Sections 172 188, 195(1) 195(2), 196 197, 198, 198-A and 476-B; Indian Penal Code (IPC), 1860 - Sections 20, 177, 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211, 228, 409, 463, 464, 465, 466, 467, 468, 469, 471, 475, 475, 476, 477 and 477-A; Evidence Act - Sections 3

Reported in : AIR1969SC724; (1969)71BOMLR696; 1969CriLJ1064; 1969MhLJ597(SC); (1969)1SCC167; [1969]3SCR185

Co-operative Societies Act, 1960, Sections 172, 188, 195 (1), 195 (2), 196, 197, 198, 198-A and 476-B of Criminal Procedure Code, 1973, Sections 20, 177, 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211, 228, … Nagpur, charging the President and Secretary of the bank with committing offences under Sections 465 and 477, I.P. Code. It was alleged in the complaint that the two accused had dishonestly and fraudulently introduced a clause in … the Annual General Meeting. The registrar referred the dispute for adjudication under Section 93 of the Maharashtra Co-operative Societies Act, 1960 to H. V. Kulkarni,

State of Rajasthan Vs. Heera Lal and anr.

Court : Rajasthan

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 302, 307, 323 and 341; Code of Criminal Procedure (CrPC) , 1973 - Sections 145, 161, 172, 313 and 366(1); Evidence Act, 1872

Reported in : 2000(3)WLC56; 2001(2)WLN79

at the instance of accused 'M'--Prosecution proved the charges--Conviction of H & M valid--S & B rights acquitted.;[B] Criminal Procedure Code, 1973 - Section 172--Use of case diary--Criminal Court may use case diary not as evidence but to aid … sentenced to imprisonment for life. Their conviction and sentence under Section 323 IPC are also maintainable. [A] Penal Code, 1860 - Sections 302/34, 323, 341--Murder--Double murder--Homicidal death-- Injuries caused by axe and Kasiya by H & M--Testimony

Bisi Chhuria Vs. the State

Court : Orissa

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 300, 302 and 304; Evidence Act, 1872 - Sections 145 and 161; Code of Criminal Procedure (CrPC) , 1973 - Sections 172, 172(1) and 172(2)

Reported in : 1998(2)ALT(Cri)6; 1999CriLJ1078

is also not acceptable in view of the settled position of law. Chapter XII of the Code of Criminal Procedure, 1973 (in short, 'the Code') relates to information to the police and their powers to investigate. Section 172 … the crime is also not acceptable in view of the settled position of law. Chapter XII of the Code of Criminal Procedure, 1973 (in short, 'the Code') relates to information to the police and their powers to

Deputy Commissioner of Police Vs. D.K.Sharma

Court : Delhi

Subject : Right to Information

Acts : Right to Information Act (RTI), 2005 - Section 8 (1); Code of Criminal Procedure (CrPC) , 1973 - Sections 172 (2), 208

the Respondent who appears in person.3. Mr. Pawan Sharma referred to Section 172 (2) of the Code of Criminal Procedure, 1973 ('CrPC') and submitted that copies of the case diary can be used by a criminal court conducting