convicted for offence under Section 364-A Indian Penal Code
(hereinafter referred to as „ IPC ‟) and are sentenced to
undergo imprisonment for life ... that where the provisions of Ss.
103 and 165, Code of Criminal
Procedure are contravened the search
could be resisted by the person whose
premises
Rajnish at
Naraina Vihar and recorded his statement u/s. 161 Cr.P.C.
On the basis of the statement of Rajnish ... also interrogated Om Parkash
Garg and recorded his statement u/s 161 Cr.P.C. The
accused persons were arrested and their personal search
memos
guilt of
the accused. Their statements were recorded under Section 313 Cr.P.C.
and they pleaded false implication. After considering the rival
contentions ... investigation. Her statement on material facts was not recorded under
Section 161 Cr.P.C. It is not clear if she was informed that Rajender
investigation is tainted, biased
and mischievous.
40 In Chaman Lal v. State, Crl. Appeal No. 109/86 decided on
Sessions Case No. 18/10 Page ... investigating officer also
had not complied with the provisions of section 166 Cr.PC. In that
case the recoveries had been made within the jurisdiction
Section 100
and sub-section (3) and (4) of
Section 166 Cr.P.C.;
on the judgment under appeal?
(2) whether the charge under Section ... thus no non-compliance o the
aforementioned provisions of the Code of Criminal Procedure .
Apropos the recovery of articles belonging to the Ohols
family from
Penal Code to
provide for deterrent punishment to persons committing such acts
and to make consequential amendments to the Code of Criminal
Procedure ... also introduced an amendment to Section 39 of
the Code of Criminal Procedure, which mandates
"every person aware of the commission
CRL.A. 236/2016
1. The present Appeals are instituted on behalf of the appellants under
Section 374(2) of the Code of Criminal Procedure ... appellants was also
recorded under Section 313 of the Code of Criminal Procedure
wherein they pleaded their innocence by denying all the incriminating
circumstances
statement of all the accused persons were recorded
under Section 313 Cr.P.C. All the accused persons pleaded
innocence and stated that they have ... police
officials of Noida and thus provisions of Section 166 Cr.P.C
have not been complied with. He further argued that non-
compliance
understand as to why it was so. Section 100 of Criminal Procedure Code makes it very clear that in such searches two or more public ... officer also has not complied with the provisions of section 166 Criminal Procedure Code It is an admitted fact thatthe recoveries have been made within
Sections
365 / 394 / 397 / 411 / 34 IPC was filed.
5. After the completion of the requirements under Section
207 Cr.P.C., case was committed ... that the officers of investigating agency deviated from the
procedure regulating searches contained in Section 165 Cr.P.C and
166
