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Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. This aspect of the matter was considered by the Constitution Bench of the Supreme Court in State of Uttar Pradesh v. Deoman Upadhyaya - AIR 1960 SC 1125 …

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There is absolutely nothing in Section 27 to indicate that the person who discovers the incriminating fact should be the identical person who received the information. ); Paras 28 to 30 of State of Rajasthan v. Teja Ram and Others - AIR 1999 SC 1776 – K. T. Thomas – J – Held that recovery of axe pursuant to statement …

A fist fight broke out between two families on the streets of Barabanki in Uttar Pradesh after one of the families got furious over their daughter having to give birth in a hospital room without an air conditioner. Outraged, the family of the woman allegedly beat up her husband's parents and sisters, leading to a full-blown fight between the two …

Q.81 Is it usual to mention in the inquest report, a gist of the FIR and the cause of death as narrated by the witnesses? – A. M. Ahmadi – CJI, S. C. Sen - JJ – followed in Dr. Krishna Pal v. State of U. P. 7 SCC 194 = AIR 1996 SC 733 – G. N. Ray, G. …

Q.71 What is an inquest? 4 SCC 153 = AIR 1975 SC 1252 – U. L. Untwalia, S. Murtaza Fazl Ali - JJ ; Shakila Khader v. Nausheer Cama 4 SCC 122 = AIR 1975 SC 1324 – A. Alagiriswami, N. L. Untwalia – JJ; Para 31 of George v. State of Kerala 4 SCC 605 = AIR 1998 SC …

Q.66 What is meant by "charge- sheet" or "final report" or "challan"? 7 SCC 768 – Arijit Pasayat, C. K. Thakker - JJ; Para 13 of Minu Kumari v. State of Bihar 4 SCC 359 = AIR 2006 SC 1937 – Arijit Pasayat, S. H. Kapadia - JJ). 11 SCC 299 – Dr. Arijit Pasayat, Dr. M. K. Sharma – …

INVESTIGATION BY THE POLICE – Part XI Q.56 Supposing the Investigating Officer files a closure report to the effect that no case is made out for prosecuting the accused. 2 SCC 537 = AIR 1985 SC 1285 – 3 Judges – P. N. Bhagwati, Amarendra Nath Sen, B. P. Madon - JJ; Paras 10 and 11 of Union Public Service …

Q.46 Is a person interrogated by the Investigating Police Officer, bound to answer his questions truly? It has been so held in Mohindro v. State of Punjab 9 SCC 581 and Shashikanth v. CBI 1 SCC 630 = AIR 2007 SC 351 – S. B. Sinha, Markandey Katju - JJ. Narayana 1 SCC 483 = AIR 1971 SC 811 – …

INVESTIGATION BY THE POLICE – Part VI Q.26 Supposing the SHO refuses to register an FIR, what is the remedy of the informant? Ltd. v. State of Gujarat 6 SCC 439 = AIR 2015 SC 1742 – 3 Judges - T. S. Thakur, A. K. Goel, R. Banumathi - JJ. NOTE By Justice VRK: 1 SCC 441 = AIR 2009 …

INVESTIGATION BY THE POLICE – Part V Q.21 Can a General Diary Entry disclosing the commission of a cognizable offence be treated as an FIR? 2 SCC 1 = AIR 2014 SC 187 – 5 Judges – P. Sathasivam – CJI, Dr. B. S. Chauhan, Renjana Prakash Desai, Ranjan Gogoi, S. A. Bobde - JJ). 2 SCC 146 = AIR …