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Judgement |
| CONSTITUTION OF INDIA |
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| CONSTITUTION OF INDIA |
Constitution of India— Article 21— CrPC — Ss 95, 93, 161, 165, 165(1), 165(2), 165(3), 166 & 197— IPC — Ss 197, 279 & 304-A —Bombay Police Act, 1951, Section 147— Search without warrant — Most of the police officials were assigned diferent duties at different places — All of them came together for this action — but no writing in respect of secret information & compliance of provision of sec. 165 — Subsequent to the search entry was made in the station diary — Held, such entry cannot be used to show that there was compliance of provision of sec. 165 of the Cr.P.C. — the action of the police officers was illegal — the action was not only the infringement into privacy — but defamed the entire family — State is liable to pay compensation to the petitioner for such illegal action — Involvement of the rivals of the political leader — Held, there is possibility of mala fides also in the present matter — Held, provisions of sections 165 & 166 are applicable in a case like present one — Compensation ordered. (Para 19) |
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| CONSTITUTION OF INDIA |
Constitution of India— Article 21— CrPC — S 165 — Search without warrant — Police officers entered the house — that too in night time — Petitioner was sleeping with his family which included two ladies & children — Held, it was intrusion into privacy — If such act is done illegally without following the procedure which is contemplated in Article 21 of the Constitution of India, the consequences follow — In such a case, there cannot be defence that it was a mistake on the part of the police officers. (Para 18) |
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| CONSTITUTION OF INDIA |
Constitution of India— Article 21— Fundamental rights under — violation of — Compensation for — Duty of the Court — It needs to be ascertained in every case as to whether the action of the officers was in breach of the fundamental rights — If the Court comes to conclusion that the action was not in accordance with law, it was illegal — the court is bound to give compensation. (Para 18) |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 21 — Bail — The power to grant — has to be considered in the backdrop of the constitutional guarantee contained in Article 21 — which guarantees right to liberty of an individual. (Para 16) |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 22 — CrPC — S 41 — Arrest — Love marriage — Husband was forcibly detained in police station in violation of the law — Wife was against her wishes handed over to her parents by Police — Held, the husband & wife both were wrongfully taken into custody — enough prima facie material against police officials — violation of Article 22 & Ss 56 &57 —appropriate disciplinary action directed to be initiated —Compensation to the Petitioner & his wife ordered. (Para 18) |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 22(1) — CrPC — S 41(l)(b)— Arrest — Effecting of — in other State or Union Territory—Transit remand — The magistrate before whom the arrestee is produced —Duty of — Held, the magistrate must apply his mind to the facts of the case & should not grant transit remand mechanically — He must satisfy himself that there exists material in the form of entries in the case diary that justifies the prayer for transit remand — The act of directing remand of an accused is fundamentally a judicial decision — The magistrate does not act in executive capacity while ordering detention of the accused — He must ensure that requirements of S. 41 (l)(b) are satisfied — The police officer must send the case diary along with the remand report so that the magistrate can appreciate the factual scenario and apply his mind — whether there is a warrant for police remand or justification for judicial remand or there is no need for any remand at all — The magistrate should briefly set out reasons for his decision —Another mandatory procedural requirement for the Magistrate considering a transit remand application is spelt out in Article 22 (1) of Constitution of India. (Para 15) |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 22(1) — Rights of the arrestee under — This entitles the person arrested to be informed as soon as may be the grounds of such arrest — The Magistrate has to ensure that the arrested person is not denied the right to consult and to be defended by a legal practitioner of his choice — The Magistrate should ask the person arrested brought before him whether in fact he has been informed of the grounds of arrest — whether he requires to consult and be defended by any legal practitioner of his choice. |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 226 — CrPC — Ss 156 & 174 —IPC — S 304A — Death by negligence — Petition for reinvestigation & lodging of FIR — Postmortem report— cause of death — is acute coronary insufficiency due to narrowing of coronary vessels & due to Atherosclerosis— The inquiry by a committee of ONGC did not implicate respondents — regular inquiry conducted by retired D.I.G. (C.B.I.) did not hold respondents No. 4 & 5 guilty — Inquest u/s 174 Cr. P. C. filed by police — Post Mortem Report — indicates a specific cause of death — The petitioner had not taken recourse to provisions of Sec. 156 Cr.P.C. — but directly invoked the extra-ordinary jurisdiction of the High Court — Held, where facts are highly disputed — it is not in the domain of the Writ Court in exercise of jurisdiction u/Art. 226 to direct re-investigation & lodging of FIR — However, it is open to the petitioner to avail appropriate remedy in accordance with law before the Court of competent jurisdiction. (Para 4) |
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