Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2023]

Code of Criminal Procedure, 1973 – Remand - There seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. (Para 10) Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218Code of Criminal Procedure, 1973 - High Courts should endeavour to ensure that all basic essentials (i.e. FIR No., Date, the concerned police station and the offences allegedly committed etc.) are duly recorded or reflected in the format of the bail orders. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206Code of Criminal Procedure, 1973 - Prevention of Money-laundering Act, 2002; Section 46(1), 65, 71 - The provisions of the Cr.P.C. are applicable to all proceedings under the Act including proceedings before the Special Court, except to the extent they are specifically excluded. Hence, Section 71 of the PMLA providing an overriding effect, has to be construed in tune with Section 46(1) and Section 65. (Para 28-29) Rana Ayyub v. Directorate of Enforcement, 2023 LiveLaw (SC) 86Chapter XXV - Provisions as to accused persons of Unsound MindCode of Criminal Procedure, 1973; Chapter XXV; Sections 328 to 339 - Though procedural in nature, Chapter XXV becomes substantive when it deals with an accused person of unsound mind - There is not even a need for an application under Section 329 of Cr.P.C. in finding out as to whether an accused would be sound enough to stand a trial, rather it is the mandatory duty of the Court -The whole idea under the provisions discussed is to facilitate a person of unsound mind to stand trial, not only because of his reasoning capacity, but also to treat him as the one who is having a disability. The role of the Court is to find the remedial measures and do complete justice. (Para 15-16) Prakash Nayi @ Sen v. State of Goa, 2023 LiveLaw (SC) 71Section 173 - Report of police officer on completion of investigationCode of Criminal Procedure, 1973; Section 173 (8) - Victim has a fundamental right of fair investigation and fair trial. Therefore, mere filing of the chargesheet and framing of the charges cannot be an impediment in ordering further investigation / re-investigation / de novo investigation, if the facts so warrant. (Para 12.3) Anant Thanur Karmuse v. State of Maharashtra, 2023 LiveLaw (SC) 136Code of Criminal Procedure 1973 - Sections 173, 207 - Direction to publicly upload chargesheets against the scheme of Cr.P.C. - If all the chargesheets and relevant documents produced along with the chargesheets are put on the public domain or on the websites of the State Governments it will be contrary to the Scheme of the Criminal Procedure Code and it may as such violate the rights of the accused as well as the victim and/or even the investigating agency. Putting the FIR on the website cannot be equated with putting the chargesheets along with the relevant documents on the public domain and on the websites of the State Governments. (Para 4.5) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615Section 154 - Information in cognizable casesCode of Criminal Procedure 1973; Section 154 - Principles of natural justice are not applicable at the stage of reporting a criminal offence - Code of Criminal Procedure, 1973 does not provide for right of hearing before the registration of an FIR. (Para 30) State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243Code of Criminal Procedure, 1973; Section 154 - Delay in registering FIR - The immediate lodging of an FIR removes suspicion with regard to over implication of number of persons, particularly when the case involved a fight between two groups. When the parties are at loggerheads, the immediate lodging of the FIR provides credence to the prosecution case. (Para 31) Nand Lal v. State of Chhattisgarh, 2023 LiveLaw (SC) 186Section 156 - Police officer‘s power to investigate cognizable caseCode of Criminal Procedure 1973; Section 156(3) - In order to cause registration of an F.I.R. and consequential investigation based on the same the petition filed under Section 156(3), Cr.P.C., must satisfy the essential ingredients to attract the alleged offences. In other words, if such allegations in the petition are vague and are not specific with respect to the alleged offences it cannot lead to an order for registration of an F.I.R. and investigation on the accusation of commission of the offences alleged. (Para 10) Usha Chakraborty v. State of West Bengal, 2023 LiveLaw (SC) 67 : AIR 2023 SC 688Code of Criminal Procedure 1973; Section 156(3) - Supreme Court quashes criminal proceedings after noting that the attempt was to give a cloak of criminal offence to a civil dispute. The Court noted that the application filed under Section 156(3) Cr.P.C. were vague and did not attract the essential ingredients of the offences. Also, the pendency of a civil suit on the issue was suppressed in the application. Usha ...

Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2023]

LIVELAW NEWS NETWORK

Tags