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Tag: Right to Fair Trial

Robin Sharma Vs State of Punjab on 11 August 2020

Posted on August 25, 2020 by ShadesOfKnife

Single-Judge bench held the importance of fair investigation by Investigating officer. And more importantly, advised as following, wrt sec 166A(b), which I elaborated here:

The complainant/victim of a crime may accordingly apply to the Judicial Magistrate, empowered to take cognizance of the offences in question on police report, for monitoring of investigation who can issue appropriate directions for expeditious completion of investigation. The complainant/ victim of a crime may also file complaint under section 166A (b) of the IPC against the Investigating Officer for knowingly disobeying, any direction of the law regulating the manner in which he shall conduct such investigation. In view of explanation to Section 197 (1) of the Cr.P.C. no sanction is required in case of a public servant accused of any offence alleged to have been committed under Section 166 A of the IPC. The complainant/victim of a crime may alternatively file petition in the High Court for transfer of investigation to an independent agency such as CBI etc.. However, it may be observed here that in substantial number of such cases the complainant/victim of a crime is not able to pursue these remedies due to lack of awareness and legal aid at the initial stages.

Robin Sharma Vs State of Punjab on 11 August 2020
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision IPC 166A - Public servant disobeying direction under law Lalita Kumari Vs Govt.Of U.P. and Ors Right to Fair Investigation Right to Fair Trial Robin Sharma Vs State of Punjab What is Investigation | Leave a comment

Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Posted on March 20, 2019 by ShadesOfKnife

Hon’ble Apex court held some key aspects in this landmark judgment such as,

  1. What is the stage at which power under Section 319 Cr.P.C. can be exercised?
  2. Whether the word “evidence” used in Section 319(1) Cr.P.C. could only mean evidence tested by cross examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
  3. Whether the word “evidence” used in Section 319(1) Cr.P.C. has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
  4. What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised only if the court is satisfied that the accused summoned will in all likelihood convicted?
  5. Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named in the FIR but not charged or who have been discharged?
Hardeep Singh Vs State of Punjab and Ors on 10 January, 2014

Citations : [2014 SCC CRI 2 86], [2014 RCR CRIMINAL SC 1 623], [2014 SUPREME 1 132], [2014 SLT 1 465], [2014 AIOL 21], [2014 SCC 3 92], [2014 CRIMES SC 1 133], [2014 AIR SC 1400], [2014 BOMCR CRI SC 1 772], [2014 ALLMR CRI SC 801], [2014 AIR SC 667], [2014 CRLJ SC 1118], [2014 JLJR SC 2 385], [2014 SCALE 1 241], [2014 SCC ONLINE SC 26], [2014 KLJ 1 410], [2014 AIC 135 86], [2014 ALD CRL SC 2 152], [2014 PLJR 2 482], [2014 KHC 1 170], [2014 ALLCC 85 313], [2014 CCR SC 1 244], [2014 ADJ 1 727], [2014 LW CRL 1 440], [2014 UC 1 304], [2014 CGLRW SC 1 491], [2014 RLW SC 1 727], [2014 SCJ 2 366], [2015 NCC 1 613], [2014 AD SC 1 609], [2014 JT SC 1 412], [2014 CAL LJ 2 75], [2014 KLT SC 1 336], [2014 AIR SCW 667]

Other Sources :

https://indiankanoon.org/doc/78958066/

https://www.casemine.com/judgement/in/5609af56e4b014971141618b


The latest case law from SC on this subject is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitiutional Bench Decision Article 20 - Protection in respect of conviction for offences Article 21 - Protection of life and personal liberty CrPC 319 - Power to proceed against other persons appearing to be guilty of offence Hardeep Singh Vs State of Punjab and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Fair Trial | Leave a comment

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