Court : Supreme Court of India
Decided on : Sep-15-2017
..... to section 176(1a) of the code of criminal procedure, 1973 which mandates that where there is a death or disappearance from the custody of the police or any other custody authorized by a magistrate or a court, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the judicial magistrate or the metropolitan magistrate, as the case may be, within whose local jurisdiction the offence has been committed.3 it was submitted that in 3 176. inquiry by magistrate into cause of death. (1) when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered may hold an inquiry into the cause of death ..... either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (1a) where, (a) any person dies .....
Tag this Judgment!Court : Chennai Madurai
Decided on : Feb-06-2017
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records on the file of the 1st respondent in connection with the impugned order of suspension passed by him in Na.Ka.9892/2015 Tho.Ve.Koo.Sa. dated 09.12.2016 and quash the same as illegal and ultravires.) 1. The petitioner has filed this writ petition, seeking to quash the impugned order of suspension passed by the 1st respondent in Na.Ka.9892/2015 Tho.Ve.Koo.Sa. dated 09.12.2016. 2. The case of the petitioner is that while he was serving as Secretary in the 3rd respondent society, an inspection was conducted based on a complaint that irregularities took place in Agricultural Loan Waiving Scheme in the society. In the inspection, it was found that the loan amount was waived for 19 survey numbers which were not found in the village records for the Fasli 1424 and 1425 and further there is no records showing cultivation of plantain in Saminatham and South Veerapandiapuram...
Tag this Judgment!Court : Chennai Madurai
Decided on : Feb-02-2017
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the original impugned order in Reference No.Sattam/Sa3/9514/16, dated 9.12.2016 passed by the respondent and to quash the same as illegal, within the time contemplated in the provision of law, without delay.) Order: 1. The petitioner has filed this writ petition, seeking to quash the impugned order passed by the respondent in Reference No.Sattam/Sa3/9514/16, dated 9.12.2016, rejecting the request of the petitioner to revoke the suspension, in the light of the judgment of the Apex Court in Ajay Kumar Choudhary vs. Union of India. 2. The case of the petitioner is that while he was serving as Senior Grade Conductor at Tamil Nadu State Transport Corporation(Madurai) Limited in Sivakasi Branch, the Petitioner was temporarily suspended from service on 11.12.2016, for misappropriation of Corporation fund to the tune of Rs.250/- by re-is...
Tag this Judgment!Court : Jharkhand
Decided on : Mar-22-2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 144 of 2017 ---------- Akhtar Ansari, S/o Anwar Ansari, R/o Village- Thari, P.O. + P.S.- Chitra, District- Deoghar. Petitioner Versus The State of Jharkhand Opposite Party ---------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY ---------- For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the State : Ms. Vandana Bharati, A.P.P. ---------- 05/22.03.2017 Heard Mr. Arvind Kumar Choudhary, learned counsel for the petitioner and Ms. Vandana Bharti, learned A.P.P. for the State. In this application the petitioner prays for quashing of the order dated 04.01.2017 passed by the learned 1 st Additional Sessions Judge-cum-Special Judge, Deoghar in POCSO Case No. 55 of 2016, arising out of Chitra P.S. Case No. 81 of 2016, G.R. No. 746 of 2016, whereby and whereunder the application preferred by the petitioner for being granted bail under the Provision of Section 167 (2) of the Cr.P.C. has been rejected. A written complaint was ...
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
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