Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 167 procedure when investigation cannot be completed in twenty four hours Page 1 of about 893 results (0.185 seconds)

State of Gujarat Vs. Laxmansinh Chandrasinh Padhiyar

Court : Gujarat

Reported in : 2008CriLJ3843; (2008)3GLR2519

..... : procedure when investigation cannot be completed in twenty four hours. ..... ; => investigation was carried out and the charge-sheet was filed on 10th may,2007;=> it appears from the facts of the case that the respondent applied for bail under section 167(2) of the code of criminal procedure, 1973, before the trial court on 13th july,2007;=> the charge-sheet was filed on 63rd day and, therefore, it was contended by the respondent before the trial court that as the charge-sheet is not filed ..... it has been held by hon'ble supreme court that once charge-sheet/ challan is filed during the course of hearing of the bail application preferred under section 167(2) of the code of criminal procedure, no bail can be granted under section 167(2) of the code of criminal procedure, 1973, but it ought to be considered under section 439 of the code of criminal procedure, 1973. ..... within sixty days, the respondent is entitled to be enlarged on bail under section 167(2) of the code of criminal procedure, 1973;=> the trial court has dismissed this application vide order dated .....

Aseem Kapoor vs.state of Nct of Delhi

Court : Delhi

..... section 167(5) of the code of criminal procedure, 1973 reads to the effect: investigation cannot be 167 ..... procedure when completed in twenty four hours ..... . 2004 ixad (sc) 219, it was sought to be contended that when a process is issued under section 204 of the criminal procedure code, 1973, the only remedy available to an aggrieved accused is to challenge the interlocutory order through the extra ordinary remedy under section 482 of the criminal procedure code, 1973 and not by way of an application to recall the summons or to seek discharge, ..... . inter alia on behalf of the petitioner it was submitted that there had been complete violation of the provision of section 167(5) cr.pc, 1973 in continuing with the investigation beyond a period of six months and no supplementary charge-sheet has also been ..... when investigation in other societies is not yet ..... eye witness, in light of spot licensing conditions (license granted under regulation 19 of the "regulations for keeping places of public entertainment in delhi, 1980") and that during investigation, it has come on record that the hotel management has completely failed in its duty to take care against any probable danger to the guest, and in such type of unsafe space and thereafter showed their negligence in not providing ..... the observations in para-7 of this verdict to the effect that in a view the assessment made by high court at a stage, when the investigation was yet to be completed, is completely incorrect and uncalled for. .....

M.A. Dharman, Son of Appukuttan Vs. State of Andhra Pradesh by Secreta ...

Court : Andhra Pradesh

Reported in : 1991(1)ALT315

..... provisions of sections 57 and 167 of the code of criminal procedure, 1973 :'section 57 :-no police officer shall detain in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.section 167 :-procedure when investigation cannot be completed in twenty four hours :(1) where any person is arrested and detained in custody and it appears that the investigation cannot be completed within ..... the period of 24 hours fixed by section .....

Rambeer Shokeen vs.state of Nct of Delhi

Court : Delhi

..... the said provision generally relates to classification of the offences under mcoca (section 2 cr.p.c), the procedure to be followed when investigation cannot be completed within twenty four hours (section 167 cr.p.c), and subject matter of release on bail of the person accused under mcoca (section 438 cr.p.c) besides interrogation of a person in judicial custody by the investigating police officer. ..... as noted earlier, section 21 mcoca has modified the application of some provisions of code of criminal procedure, 1973, for purposes of cases under this special law. ..... ) give enough room to the investigating police by making available sufficiently long period longer than the ordinary for completion of investigation, this by modifying the provisions of criminal procedure code, particularly by adding proviso to section 167 (2) cr.p.c. ..... the code of criminal procedure, 1973 applies across the board to all criminal jurisdictions, unless there are provisions to the contrary by any particular enactment that may be applicable to a particular case. ..... the code of criminal procedure, 1973 deals with the subject 4. ..... the report submitted on 28.02.2017 by the public prosecutor, thus, is found to pass the necessary muster of the second proviso to section 167(2) as inserted in the code of criminal procedure by section 21(2) of mcoca. ..... by the criminal appeal at hand, presented under sections 12 mcoca, also invoking section 482 of the code of criminal procedure, 1973 (cr.p.c. .....

Rakesh Kumar Paul Vs. State of Assam

Court : Supreme Court of India

..... the text of section 167 (2) of the code as amended and as it stands today is reproduced below: 167- procedure when investigation cannot be completed in twenty-four hours. ..... in a case regarding offence for which the punishment imposable may extend upto ten years, the accused is entitled to bail under section 167(2) of the code of criminal procedure 1973 due to default on the part of investigating agency in not filing the charge sheet within sixty days?. ii. ..... pursuant to the suggestion of the law commission, the new code of criminal procedure, 1973 was enacted, which provided a maximum period of 60 days to complete the investigation failing which the accused would be entitled to be released on ..... thus the provision of section 167(2)(a) was introduced in the code of criminal procedure 1973, wherein the accused was entitled to get bail on default of the investigating agency in not filing the charge sheet within sixty days of ..... , the maximum period of detention during the course of investigation (without a charge sheet or challan being filed) would be 60 days in terms of clause (ii) of proviso (a) to section 167(2) of the code of criminal procedure, 1973 (for short the cr.p.c. ). ..... agreeing with the importance of right of personal liberty, with great regard to his lordship, i beg to differ on the interpretation of section 167(2)(a)(i) of the code of criminal procedure 1973, and in the facts and circumstances of the case at hand, in my opinion, both the appeals are liable to be dismissed. .....

V. Senthil Balaji Vs. The State Represented By Deputy Director

Court : Supreme Court of India

..... procedure when investigation cannot be investigation cannot be completed in twenty-four hours: completed in twenty-four hours: (1) whenever it appears that any (1) whenever any person is arrested investigation under this chapter and detained in custody, and it cannot be completed within the appears that the investigation cannot period of twenty-four hours fixed by be completed within the period of section 61, and there are grounds for twenty-four hours fixed by section believing that the accusation or 57, and there are grounds for information is well-founded, the believing that the accusation or officer-in-charge of the police- information is well-founded, the station shall forthwith transmit to the ..... such an authorized officer is not a police officer and therefore, section 167(2) of the code of criminal procedure, 1973 (hereinafter referred to as the crpc, 1973 ), with particular reference to a remand in his favour, is not available. ..... the scheme of section 167 of the criminal procedure code, 1973 is unambiguous in this regard and is intended to protect the accused from the methods which may be adopted by some overzealous and unscrupulous police officers which at times may be at the instance of an interested party also. .....

S. Harsimran Singh Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1984CriLJ253

..... it is first apt to quote the relevant parts of this somewhat exhaustive section, for facility of reference:procedure when investigation cannot be completed in twenty-four hours. ..... , no further police remand was permissible under section 167(2) of the code of criminal procedure, 1973(hereinafter called 'the code'). ..... the limit of police custody, not exceeding fifteen days in the whole, as prescribed by section 167(2) of the code of criminal procedure, 1973. ..... since the issue herein inevitably revolves around section 167 of the code, it becomes necessary to view it briefly in the context of its legislative history and in particular the changes wrought in the old code by the code of criminal procedure, 1973. ..... the greatest humility, we are unable to agree with the view expressed in santokh singh's case (supra) that the code in any way inhibits the police custody of an accused person for purposes of investigation or that the jail custody cannot be converted to police custody by an order of the magistrate under section 167 of the code.15. ..... this premise, it was contended that section 167 of the code can have no application whatsoever to a person already in custody during the investigation of an earlier offence and, therefore, no issue of a fresh remand for police custody in such a case could arise at all under sub-section (2) of section 167 of the code. ..... were highlighted in the exhaustive 41st report of the law commission with regard to the amendment of the old code of criminal procedure. .....

Tarsem Kumar Vs. the State

Court : Delhi

Reported in : 1975CriLJ1303

..... cannot complete the investigation within the period of twenty-four hours, he is required to forward the accused to the nearest judicial magistrate along with a copy of the entries in the police diary (sub-section (1) of section 167) ..... (1) whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57 and there are grounds for believing that the accusation or information is well founded the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of 'sub-inspector, shall forthwith transmit to the nearest judicial magistrate a copy of the entries in the diary herein ..... that the challan was put in by the police beyond a period of sixty days of his arrest and so the magistrate should have ordered his release on bail on the sixtieth day in terms of section 167 of the code of criminal procedure, 1973.2. ..... it is only when the period for which a police officer can detain under section 57 of the code expires that he needs authorization of ..... 1974, was the sixtieth day of the authorized detention by the magistrate when challan was filed and cognizance of the offence was taken by the ..... similarly when the proviso (a) to sub-section (2) refers to 'a total period of sixty days', it relates to the period of detention authorized by the magistrate in police custody as well as the custody ..... 1974, when the court took cognizance of the .....

The State of Maharashtra and ors. Vs. Saeed Sohail Sheikh

Court : Supreme Court of India

..... . procedure when investigation cannot be completed in twenty- four hours(1) xxxxxxxxxxxxxx(2) the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such magistrate thinks fit, a term not exceeding fifteen ..... may be made to sections 167 and 309 of the code of criminal procedure, 1973 ..... and senior officers in the department of prisons, government of maharashtra against a common judgment and order dated 21st july, 2009 passed by a division bench of the high court of judicature at bombay whereby a batch of criminal writ petitions filed by the respondents have been allowed, transfer of the respondents-prisoners from arthur road jail in bombay to three other jails in the state of maharashtra held to be illegal and the appellants directed to transfer ..... undertrial is detained is thus a prison identified by the competent court either in terms of section 167 or section 309 of the code ..... . section 167(2) empowers the magistrate to whom an accused is forwarded whether or not he has jurisdiction to try the case to authorize his detention in such custody as the magistrate deems fit for a term not exceeding ..... the high court has further held that if need be in addition to departmental inquiry, criminal action be also taken against the concerned officers including an inquiry into the conduct of the jail doctors for dereliction of their duty and alleged .....

Sairabibi and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : 1987CriLJ1732; (1987)2GLR903

..... procedure when investigation cannot be completed in twenty-four hours:(1) whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest judicial magistrate a copy of the entries in the diary hereinafter prescribed relating to the ..... another question which has been raised before us is 'whether section 167, criminal p.c, as amended by criminal procedure (gujarat amendment) act, 1976 continues to apply in the state of gujarat or now section 167 as amended by code of criminal procedure (amendment) act, 1978, being indian parliament act no ..... thereafter, in 1978, the parliament amended section 167 of the code by enacting code of criminal procedure (amendment) act, 1978, being indian parliament act ..... therefore, while enacting new code of criminal procedure, 1973, the legislature made a change in section 167 and added a proviso to sub-section (2) of that section expressly providing that no magistrate shall authorise detention of the accused person in custody under that section for a total period of sixty days, and further providing for the release of the accused person on bail on the expiry of the said period of sixty .....