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Documents citing Gyan Chand vs The State Of Rajasthan on 27 July, 1992

Smt. Santosh vs Union Of India (Uoi) And Ors. on 20 August, 1997

Though in Gyan Chand v. State of Rajasthan 1992 Cri LR 671 : 1993 Cri LJ 422 (Raj), it was observed that the power of the High Court regarding suspension of sentence under Section 389, Cr.P.C. are not curtailed by Section 32A of the Act. Different views have been taken by different High Courts but since that is not the controversy in the present case, it is not being further considered.
Rajasthan High Court - Jaipur Cites 39 - Cited by 1 - Full Document

Kader vs State Of Kerala on 21 March, 2001

In that case the Learned Judge referred a decision of the Rajasthan High Court in Gyan Chand v. State of Rajasthan (1993 Crl.L.J. 3716). That is a case where a Circle Inspector of Police seized some opium from an accused and continued the investigation himself. It has held by the learned Single Judge on the facts of that case that his proceeding with the search and effecting recovery and continuing the investigation militate against the basic tenets of jurisprudence and fair investigation. It was, however, mentioned further that the status of the investigating Officer could not be placed on any pedestal higher than that of a complainant and the complainant himself cannot be the sole agency of the investigation.
Kerala High Court Cites 23 - Cited by 0 - J B Koshy - Full Document

Jai Singh vs The State Of Haryana on 17 May, 1995

Appellant's learned counsel further contended that ASI Dharam Singh was in no better position than complainant in this case. He has admitted that he investigated these offences as well. He not only seized contraband from the accused, prepared its sample; sealed the parcel, sent the ruqa, prepared the site plan, but also recorded the statements of the witnesses and later on deposited seized contraband with MHC of the police station. Thus, according to him, the whole of the investigation being against the settled principle of criminal jurisprudence is ipso facto contrary to the legislature, the accused is entitled to acquittal. He has supported his arguments by relying on Gian Chand v. The State of Rajasthan, 1993 Cr Law Journal 3716, and Darshan Kumar v. The State of Rajasthan, 1994 Cr. Law Journal Notes of Cases 28.
Punjab-Haryana High Court Cites 11 - Cited by 0 - S Saksena - Full Document

Santhanapandi And Others vs State Of Inspector Of Police, ... on 2 November, 1998

In Gyan Chand v. State of Rajasthan, 1993 Crl. L.J. 422 Rajasthan High Court has held that the power of the High Court in suspending the sentence during the pendency of the appeal has not been taken away by Section 32A of the NDPS Act, but they have been preserved by Section 36B of the Act and the High Court can exercise its powers of suspending the sentence during the pendency of the appeal subject to the conditions and limitations mentioned in Sec.37 of the Act.
Madras High Court Cites 16 - Cited by 3 - Full Document

Govind Ram vs State on 19 July, 2006

4. Learned Counsel for the petitioner has invited the attention of this Court towards the judgments rendered by this Court in case of Sahi Ram v. State of Rajasthan reported in 1993 Cr LR (Raj) 281 and in case of Gyan Chand v. State of Rajasthan reported in 1993 Cr LR (Raj) 283 : 1993 Cri LJ 3116 and contended that in the aforesaid judgments, this Court has held that the Police Officer filing FIR cannot conduct investigation. It is contended that in this case the enquiry was made by SHO, who himself registered the FIR and conducted the investigation. Therefore, both the judgments passed by trial Court as well as appellate Court deserve to be quashed and set aside.
Rajasthan High Court - Jaipur Cites 4 - Cited by 0 - G K Vyas - Full Document
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