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Documents citing Mulla & Another vs State Of U.P on 8 February, 2010

Stanley Jhon Sam Sundaram Nelippan vs The State Of Maharashtra on 28 March, 2023

30. It is a matter of great importance both for the investigating agency and for the accused and a fortiori for the proper administration of justice that a TIP is held without avoidable and unreasonable delay after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses before the test identification parade. This is a very common plea of the accused, and therefore, the prosecution has to be cautious to ensure that there is no scope for making such an allegation. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution. But reasons should be given as to why there was a delay (Mulla v. State of U.P. and Suresh Chandra Bahri v. State of Bihar)."
Bombay High Court Cites 19 - Cited by 0 - B Dangre - Full Document

Ayub Khan Farman Shah And Others vs The State Of Maharashtra on 28 March, 2023

30. It is a matter of great importance both for the investigating agency and for the accused and a fortiori for the proper administration of justice that a TIP is held without avoidable and unreasonable delay after the arrest of the accused. This becomes necessary to eliminate the possibility of the accused being shown to the witnesses before the test identification parade. This is a very common plea of the accused, and therefore, the prosecution has to be cautious to ensure that there is no scope for making such an allegation. If, however, circumstances are beyond control and there is some delay, it cannot be said to be fatal to the prosecution. But reasons should be given as to why there was a delay (Mulla v. State of U.P. and Suresh Chandra Bahri v. State of Bihar)."
Bombay High Court Cites 19 - Cited by 0 - B Dangre - Full Document

Sukhdeo Bhimrao Munde vs The State Of Maharashtra on 29 February, 2024

29. Admittedly, test identification parade has mere corroborative value and it is a process which belongs to investigating machinery. Failure to conduct test identification parade is not always fatal. It may not be necessary in every case. Law has developed to the extent of holding that identification in court is good identification in the eyes of law and it need not always be preceded by test identification parade. Law to this extent has been dealt in various cases like Shamlal Ghosh v. State of W.B. (2012) 7 SCC 646 ; Mulla v. State of U.P. (2010) 3 CriAppeal-309-2002+ -27- SCC 508 and Sheo Shankar Singh v. State of Jharkhand (2011) 3 SCC
Bombay High Court Cites 10 - Cited by 0 - Full Document

Vikas Vaijnath Mundhe And Anr vs The State Of Maharashtra on 29 February, 2024

29. Admittedly, test identification parade has mere corroborative value and it is a process which belongs to investigating machinery. Failure to conduct test identification parade is not always fatal. It may not be necessary in every case. Law has developed to the extent of holding that identification in court is good identification in the eyes of law and it need not always be preceded by test identification parade. Law to this extent has been dealt in various cases like Shamlal Ghosh v. State of W.B. (2012) 7 SCC 646 ; Mulla v. State of U.P. (2010) 3 CriAppeal-309-2002+ -27- SCC 508 and Sheo Shankar Singh v. State of Jharkhand (2011) 3 SCC
Bombay High Court Cites 10 - Cited by 0 - Full Document

Pravin Narayan Khole vs State Of Mah., Thr. P.S.O. Umakhed Tq ... on 22 December, 2020

26. In order to impeach the TI parade, it is canvassed that the requisite procedure has not been followed. There was inordinate delay in holding TI parade and the memorandum of TI parade no where bears details regarding precautions taken while holding TI parade. To substantiate said argument, reliance has been placed on the decision of Supreme Court in cases of Mulla & Anr. Vs. State of U.P., 2010 ALL SCR 823 and Sheikh Hasib @ Tabarak .vrs. The State of Bihar - (1972) 4 SCC 773, wherein it is ruled that always it is desirable to hold TI parade at the earlier possible opportunity, otherwise it looses its significance. Further reliance is placed on the decision of this Court in case of Ramkishan @ Bala Haribhau Hulgunde and others .vrs. State of Maharashtra - 2015 [1] Mh.L.J. (C ri) 643, wherein detailed procedure for holding TI parade as per paragraph 6[2][a to p] from Chapter I of the Criminal Manual has been emphasized. In order to impress the object of holding prior TI parade, the defence has placed reliance on the decision of Allahabad High Court in case of Asharfi and ::: Uploaded on - 06/01/2021 ::: Downloaded on - 10/02/2021 16:51:38 ::: Judgment apeal809.19 17 another .vrs. The State - AIR 1961 Allahabad 153. Besides that on the same point reliance has been placed on the decision of this Court in case of Ramchandra Bhudiram Gupta .vrs. State of Maharashtra - 1995 Cri.L.J. 4048. The entire endevour was to impress that test identification parade was faulty hence cannot be relied.
Bombay High Court Cites 20 - Cited by 0 - V G Joshi - Full Document
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