Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide
3 years, 5 months ago

Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide

Live Law  

The Delhi High Court has issued notice on a petition raising the question as to whether a notice under sec. 91 of the Code of Criminal Procedure can be issued to an accused person.Justice Yogesh Khanna sought response of the State and directed it to file a status report before October 22, the next date of hearing.The plea sought setting aside of the notices issued under sec. Justice Yogesh Khanna sought response of the State and directed it to file a status report before October 22, the next date of hearing. Reference was made to the judgements in State of Gujarat v. Shyamlal Mohanlal Choksi & Ors 2 SCR 457 and V S Kuttan Pillai v. Ramakrishnan & Anr 1 SCC 264 wherein it was held thus: ".the expression 'person' in s. 91 does not take within its sweep a person accused of an offence which would mean that a summons issued to an accused person to produce a thing or document considered necessary or desirable for the purpose of an investigation, inquiry or trial would imply compulsion and the document or thing so produced would be compelled testimony and would be violative of the constitutional immunity against self-incrimination."

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History of this topic

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
1 year, 6 months ago

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

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The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC. Justice A. Badharudeen observed thus: “it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or …

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court
1 year, 8 months ago

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court

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The Bombay High Court has held that externing authority under the Maharashtra Police Act does not have any power to direct the police to approach the executive magistrate for a show cause notice under section 110 of the CrPC against a person. The court quashed an order passed by Deputy Commissioner of Police, Kherwadi, Mumbai, directing initiation of proceedings under …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

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The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 6 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

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The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

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The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt
2 years, 9 months ago

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt

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In an important order, the Jharkhand High Court has asked the State of Jharkhand to consider framing appropriate guidelines regarding issuance of notice of appearance before police officers under Section 41A CrPC so that Jharkhand Police may be referred to as a Model Police.The bench of Justice Sanjay Kumar Dwivedi also referred to the Delhi High Court's 2018 ruling wherein …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

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The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
3 years, 1 month ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

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In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment …

Summons Cannot Be Issued To An Accused U
3 years, 1 month ago

Summons Cannot Be Issued To An Accused U

Live Law  

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the …

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court
3 years, 8 months ago

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court

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The counsel of Manish Maheshwari, Managing Director of Twitter Communications India Private Ltd, on Thursday submitted before the Karnataka High Court that he did not hamper the investigation being carried out by the Uttar Pradesh Police but only informed his inability to personally visit the police station and record his statement when notice was issued to him on June 17, …

Delhi High Court Issues Notice On Pleas By 10 Indian Nationals Seeking Quashing Of FIRs Related To Tablighi Jamaat
4 years, 2 months ago

Delhi High Court Issues Notice On Pleas By 10 Indian Nationals Seeking Quashing Of FIRs Related To Tablighi Jamaat

Live Law  

The Delhi High Court has issued notice on a plea seeking the quashing of FIRs related to the Tablighi Jamaat incident against 10 Indian nationals. The court has sought the Delhi government's response on the Section 482 CrPC application. 74/2020 registered under Sections 188, 269, 270, 120-B of the Indian Penal Code,1860.The petitioners state. The petitioners also claimed that a …

Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]
6 years, 11 months ago

Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]

Live Law  

The Delhi High Court recently laid down guidelines for issuing notice of appearance before police officers under Section 41A of the Code of Criminal procedure.The Bench comprising Acting Chief Justice Gita Mittal noted that the guidelines were being framed to ensure "transparency in the working of the police machinery and ensuring justice to suspect accused persons as well as those …

Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]
6 years, 11 months ago

Delhi HC Lays Down Procedure For Issuance Of Notice Of Appearance Before Police Officers U/S 41A Cr.P.C. [Read Judgment]

Live Law  

The Delhi High Court recently laid down guidelines for issuing notice of appearance before police officers under Section 41A of the Code of Criminal procedure.The Bench comprising Acting Chief Justice Gita Mittal noted that the guidelines were being framed to ensure "transparency in the working of the police machinery and ensuring justice to suspect accused persons as well as those …

Cop Conducting Probe Under Sec. 202 CrPC Can’t Issue Notice To Accused: Calcutta HC [Read Judgment]
7 years, 8 months ago

Cop Conducting Probe Under Sec. 202 CrPC Can’t Issue Notice To Accused: Calcutta HC [Read Judgment]

Live Law  

‘Police officer conducting investigation under Section 202 CrPC is a delegatee of the magistrate and his powers of investigation are, therefore, circumscribed by the limitations imposed upon the principal, that is, the magistrate himself,’ the court observed.The Calcutta High Court has observed that a police officer conducting investigation under Section 202 CrPC is a delegatee of. The Calcutta High Court …

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