Two vital and interesting legal questions of interpretation have reached a Division Bench of Madhya Pradesh High court.
On 09 Jun 2021,
The Court framed the questions that need determination
Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 09 Jun 2021(1) As to whether the provision of Section 156(3) Cr.P.C. can be invoked by accused alleging improper/delayed investigation or not ?
(2) As to whether the provision of Section 161 Cr.P.C. providing for examination of witnesses by the police can include examination of accused also or not, only for the purpose of ascertaining the truth and not for recording confession ?
On 24 Jun 2021,
Noting from the submissions of the rival counsels, the Bench held that there are conflicting decision from the Supreme Court on the legal points for determination and so opened up the questions to the entire Bar and sought assistance from the Bar Association.
Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 24 Jun 2021On first week of Aug 2021,