Judgment Search Results Home > Cases Phrase: code of criminal procedure 1973 section 167 procedure when investigation cannot be completed in twenty four hours Page 3 of about 893 results (0.515 seconds)

Krishnaswamy Vs. Inspector of Police and Others

Court : Chennai

Reported in : 1992CriLJ2998

..... procedure when investigation cannot be completed in twenty-four hours ..... 167(2) of the code of criminal procedure, 1973 ..... the new code however introduced in section 167 a comprehensive provision to take care of the matters in court concerning an accused during investigation of a case; and made some drastic departures by splitting old section 344 into section 167(2) of the new code, taking care of remand to judicial or police custody during investigation and section 309 of remand to judicial custody during the course of ..... (at page 1216 of cri lj) : 'the law as engrafted in proviso (a) to section 167(2) and section 309 of the new code confers the powers of remand to jail custody during the pendency of the investigation only for the former and not under the latter. ..... find that there is confusion in regard to the entitlement for bail and actual release on bail under section 167(2) of the code, we make our endevour to examine the legitimacy of the contention raised on behalf of the petitioner. ..... - (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 .....

Pragnesh Hariprasad Parikh Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2007)3GLR2716

..... provides for procedure when investigation cannot be completed in twenty-four hours.12. ..... (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 ground 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 ..... of the judgment in the case of kapil ashokkumar jain this court has observed as under:in view of above, the order of learned presiding officer, fast track court, surat, partly allowing the revision application filed under section 397 of code of criminal procedure and granting 24 hours police remand of the petitioners is erroneous and is required to be quashed and set aside. ..... thus, it would appear that section 397(2) of the code incorporated in the 1973 code with the avowed purpose of cutting out delays and ensuring that the accused persons got a fair trial without much delay and the procedure was not made complicated.19.1 the powers of revision against interlocutory ( ..... appreciating this contention, i have to first consider section 167 of the code which provides when investigation cannot be completed with 24 hours. ..... code of criminal procedure was amended in 1973. .....

Ayyappan and Others Vs. State Rep. by Inspector of Police, Tirunelveli ...

Court : Chennai Madurai

..... sub-section (1) of section 167 of the code of criminal procedure, mandates that if the investigation could not be completed within twenty four hours from the time of arrest, he shall be produced before the ..... sub-article (2) of article 22 of the constitution and section 57 of the code of criminal procedure, an arrested person cannot be detained in the custody of the police beyond the period of twenty-four hours without the authorization of a magistrate. ..... the part of the learned xxiii metropolitan magistrate, saidapet, chennai, in accepting the surrender of a1 to a4 and in remanding them to custody as according to the learned counsel, the said magistrate has power under subsection (2) of section 167 of the code of criminal procedure to accept the surrender of the accused and to remand them to custody notwithstanding the fact that he has no jurisdiction either to try the case or to commit the same to the court of sessions. 36. ..... procedure when investigation cannot be completed in twenty-four hours ..... articles 21 and 22, law has been made by the parliament in the shape of section 57 of the code of criminal procedure, 1973 which states "no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances for 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 .....

Janta Singh Vs. the State of Punjab

Court : Punjab and Haryana

Reported in : 1996CriLJ1185

..... 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-insepector, shall forthwith transmit to the nearest judicial magistrate a copy of ..... may exercise, in relation to the person fowarded to it under clause (b), the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code of criminal procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section;(d) a special court may, upon a perusal of police report of the facts constituting an offence under this act or upon a complaint made by an officer ..... of them as may be specified in this behalf by the government;(b) where a person accused of our suspected of the commission of an offence under this act is forwarded to a magistrate under sub-section (2) or sub-section (2-a) of section 167 of the code of criminal procedure, 1973 (2 of 1974), such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate .....

State (Delhi Administration) Vs. VipIn Kumar Jaggi

Court : Delhi

Reported in : 1975CriLJ846

..... was to be released on bail if he was prepared to and did furnish bail.the learned sessions judge was, thereforee, right in holding that proviso (a) to sub-section (2j of section 167 of the new code did not apply but fell in error when he held that even cases where investigation was pending when the new code came into force bail matters had to be more hberally construed 'in view of the provisions embodied in section 167 (2) fa) of the criminal procedure code (1973)'.12. ..... (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 ..... on behalf of the respondent good - deal of stress was laid on the fact that in the first information report only four persons were named and so was the case when inquest reports were prepared or the police recorded statements of the persons other than the informant and who were also sitting in ..... considering the very serious nature of the allegations against jaggi and (the fact that yit cannot be said that there are no reasonable grounds for believing that he has riot been guilty of an offence punishable with death or imprisonment for life, it was .....

Natabar Parida and ors. Vs. the State of Orissa

Court : Orissa

Reported in : 40(1974)CLT877; 1975CriLJ853

..... the very tieading of section 167 shows the procedure to be followed when investigation cannot be completed in twenty four hours.8. ..... procedure when investigation cannot be completed in twenty four hours. ..... (1) whenever anv person is arrested and detained in custody, and it anpears' that the investigation cannot be completed within the period of twentvfour hours fixed bv section 57. ..... to an investigation pending under the code of criminal procedure, 1898 thereinafter to be referred to as the old code).6. ..... (ii) the petitioners having been arrested for more than sixty davs thev are entitled to bail as of right under proviso (a) to section 167 of the code of criminal procedure. ..... it is on this line of reasoning that the power to prant bail ibv the magistrate under proviso (a) to section 167(2) of the new code cannot be exercised in respect of investigation proceeding pending bv 1-4-1974. ..... section 484(2)(a) runs thus:(a) if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inauirv or investigation shall be disposed of, continued, held or made, as the case mav be, in accordance with the provisions of the code of criminal procedure. ..... 1973 (hereinafter to be referred to as the new code).3. .....

Ved Kumar Seth and anr. Vs. the State of Assam

Court : Guwahati

..... lays down that 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, criminal p. ..... chapter xiv of the code of criminal procedure 1973 deals with conditions requisite for initiation of proceedings.section 190 reads as follows:section 190. ..... had it been so the language of the proviso (a) would have been necessarily otherwise which is clear from the language used in sections 44(1), 56, 81(1) second proviso and 209 (b) regarding bail and custody which are quoted below :sub-section (1) of section 44 reads as follows:when any offence is committed in the presence of a magistrate, whether executive or judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein ..... section 57, criminal procedure code lays down that no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not in the absence of a special order of a magistrate under section 167, criminal procedure code, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.11. .....

Harpinder Singh Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1983CriLJ53; 22(1982)DLT266

..... section 167 reads as follows : ' (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 ..... for the petitioner therein that the applicant's detention by the police after the expiry of 24 hours after her arrest was illegal and the magistrate had) thereforee, no jurisdiction to act under section 167, code of criminal procedure (1898). ..... strictly speaking lawful from 6th april, 1982 to 7th april, 1982, when he was produced in court would not, in any manner, detract from the competence of the magistrate to grant his further remand to judicial custody so long as the overall period of his custody did not exceed 90 days in the instant case as provided in the proviso (a) (i) to sub-section ('2) of section 167 where after he could have authorised the detention of the petitioner in ..... '(9) these observations with which i am in respectful agreement would apply with equal force to a case of remand under section 167 when an accused is produced in custody and the magistrate will not be concerned, while considering the question of remand, whether the earlier custody was .....

Billa Manemma Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1996(2)ALD677; 1996(1)ALD(Cri)590; 1996CriLJ3404

..... deepak mahajan : 1994crilj2269 , the supreme court dealing with the scope of section 167 of the code of the criminal procedure, observed in para 40 thus : 'the caption of section 167 reads 'procedure when investigation cannot be completed in twenty-four hours'. ..... section 167 of the code of criminal procedure prescribes procedure for steps to be taken by the officer in charge of the police station or the police officer making investigation when investigation cannot be completed within 24 hours. ..... section 167 of the code of criminal procedure is in the following terms : '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 hereinafter .....

Taj Singh Vs. State (Delhi Admn.)

Court : Delhi

Reported in : 1988CriLJ1634; 1987(3)Crimes358; 33(1987)DLT3A; 1987RLR460

..... 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 ..... (2) of the code of criminal procedure (for short the code), when the investigating officer submitted the challan before the magistrate on 27-1-87 (the 90th day in terms of the proviso (a)(i) to sub-section (2) of s ..... 167 of the code embracing this provision of law is reproduced below ..... 167 of the code) without appending thereto the report of the central forensic science laboratory, new delhi (hereinafter to be referred to as cfsl) which report has been made admissible in evidence ..... 167 of the code the detention of an accused person in a case as the present one cannot be authorised by the magistrate beyond a total period of 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, and on the expiry of the said period of 90 days the accused person must be released on bail if he is prepared to .....