• Need the judgement name and details

Respected member of bar,
I recently moved a revision application in the court of session praying for further investigation u/s 173 (8) crpc on behalf of the accused person in a criminal case where in charge sheet has already been filed and arguments on charge are yet to take place before the trial court. My reliance was on the Supreme Court judgment in “Vinubhai haribhai Malaviya Vs the state of Gujarat crIMINAL appeal no 478/479 of 2017.

The session judge is very much likely to grant me relief and during the course of arguments the judge told me that in the next date of hearing it would be nice if I put my reliance on another latest Supreme Court judgment probably of the year 2021 where in the Supreme Court laid down guide lines stating that the investigating officer should include the documents submitted by the accused during the course of Investigation in the charge sheet and if the prosecution is not relying on such documents then a separate list needs to be made of the same. CAN SOME ONE GUIDE ME WHICH JUDGEMENT IS THIS which the SESSION JUDGE IS REFFERING TO?? AS I CANT FIND IT ??
Asked 2 years ago in Criminal Law
Religion: Sikh

4 answers received in 2 hours.

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10 Answers

1) unable to find any SC judgment mentioned by you 

 

2) Section 173 of the Code requires the investigating officer to file a report before the Magistrate after the collection of evidence and examination of witnesses are done with. This section requires that each and every investigation shall be completed without any unnecessary delay.

Section 173(2) requires the:

  1. the names of the parties;
  2. the nature of the information;
  3. the names of the persons who appear to be acquainted with the circumstances of the case;
  4. whether any offence appears to have been committed and, if so, by whom;
  5. whether the accused has been arrested;
  6. whether he has been released on his bond, and if so, whether with or without sureties;
  7. whether he has been forwarded in custody under section 170 to be submitted in the closure report before the Magistrate.

3)The report entails and embodies all the stringent records right from the commencement of investigation procedure of lodging an FIR to till the completion of investigation and preparation of final report.

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

Need to go through your case facts in details. Than only able to investigate specific citations of the year 2021.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

In relation to your query my humble answer is:- 

The sessions Court is referring to Satender Kumar Antil Vs. CBI, 11th January, 2022

Authored by: M M Sundresh. 

In case of further help, please feel free sir. 

Puvali Singh
Advocate, Delhi
40 Answers

In my opinion, the judgment delivered by honorable judges Justice Dinesh Maheswari and Justice Aniruddha Bose of Supreme court in CRIMINAL APPEAL NO. 1768 OF 2022 (ARISING OUT OF SLP (CRL.) NO. 9609 OF 2022 between DEVENDRA NATH SINGH & State of bihar and others decided on 12.10.2022 may be suiting to your case, if not you may ask your advocate to look for one better than this. 

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

In December 2022 High Court Bombay delivered a judgement confirming referred judgment. 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

Judgement needs telephonic consultation 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Section 173(5) of Cr.P.C.ordains that all the relevant documents should be produced along with the charge-sheet. Therefore, it is not open for the prosecution to produce the proposed documents during the trial.

 

unable to find judgment mentioned by you 

Ajay Sethi
Advocate, Mumbai
96938 Answers
7822 Consultations

Best of luck 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Why don't you try the supreme court judgment:

the judgment delivered by honorable judges Justice Dinesh Maheswari and Justice Aniruddha Bose of Supreme court in CRIMINAL APPEAL NO. 1768 OF 2022 (ARISING OUT OF SLP (CRL.) NO. 9609 OF 2022 between DEVENDRA NATH SINGH & State of bihar and others decided on 12.10.2022

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Manupatra is site for citation but it has membership charges for lawyer as well.

 

You can check at below site

https://www.manupatrafast.in/Asps/SubscriptionPlans.aspx

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

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