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Documents citing Neetu Kumar Nagaich vs The State Of Rajasthan on 16 September, 2020

Parakramsinh Khumansinh Zala vs State Of Gujarat on 9 March, 2021

7. He further points out that 4 fire arms being 1 pistol, 1 revolver, 1 double barrel rifle and one single barrel rifle had been recovered through the relative named hereinabove and all of them being licensed weapons. It is further submitted by learned Advocate Shri Dagli that from the discovery panchnama dated 24.03.2020, 2 weapons have been recovered of which one was in working condition and another weapon had its firing pin and hammer slightly broken as per the Panchnama and whereas as regards the Panchnama dated 25.03.2020 of the 4 weapons recovered in all 4 weapons, the firing pins had been damaged. Learned Advocate Shri Dagli has submitted that since the allegation was upon all the accused of having fired from the fire arms held by them, the firing pin / hammer of the weapons had been deliberately broken with a view to destroy evidence. He further submits that this tampering with the evidence was done deliberately to save some of the accused. He further submits that the investigation had deliberately ignored this aspect and even though a clear offence had been Page 5 of 19 Downloaded on : Fri Mar 12 21:19:07 IST 2021 R/SCR.A/8323/2020 ORDER made out punishable under Section 201 of IPC, yet the investigation was not carried out on this aspect and the offence punishable under Section 201 had neither been included in the charge-sheet nor the charge had been framed on account of faulty investigation which was done deliberately to help the accused. Learned Advocate for the applicant in support of his submissions, has relied upon the decisions of the Supreme Court in the case of Dharam Pal Vs. State of Haryana & Ors. reported in 2015(4) Supreme (SC) 129, Karan Singh Vs. State of Haryana reported in 2013(12) SCC 529, Vinubhai Haribhai Malviya and Ors. Vs. the State of Gujarat and Ors. reported in AIR 2019 SCC 5233 and recent decision of the Supreme Court in the case of Neetukumar Nagaich Vs. the State of Rajasthan and Ors. reported in 2020 Supreme SC 545. On the basis of the above decisions, learned Advocate Shri Dagli submitted that in view of clear lacuna in the investigation, this Court may direct further direction on the aspect of offence under Section 201 of Indian Penal Code.
Gujarat High Court Cites 30 - Cited by 0 - N Kariel - Full Document

Sri Mahenderkar Amarnath vs The State Of Telangana on 5 July, 2021

The Investigating Officer is also not having power to suspect the dying declaration, which is a crucial piece of evidence and the Hon'ble Supreme Court in catena of decisions categorically held that the genuinety or otherwise of dying declaration can be tested by the trial Court during trial. It is further held that conviction can be recorded on the sole testimony of dying declaration. Ignoring the same, the Investigating Officer without having power discarded the said dying declaration and filed the final report treating it as 'suicidal death by burns'. Therefore, according to the learned counsel for the petitioner, the said action of respondent Nos.2 and 3 is arbitrary, illegal and in violation of the provisions of Cr.P.C. and the principle laid down by the Apex Court.
Telangana High Court Cites 44 - Cited by 2 - K L Goud - Full Document

Parakramsinh Khumansinh Zala vs State Of Gujarat on 9 March, 2021

7. He further points out that 4 fire arms being 1 pistol, 1 revolver, 1 double barrel rifle and one single barrel rifle had been recovered through the relative named hereinabove and all of them being licensed weapons. It is further submitted by learned Advocate Shri Dagli that from the discovery panchnama dated 24.03.2020, 2 weapons have been recovered of which one was in working condition and another weapon had its firing pin and hammer slightly broken as per the Panchnama and whereas as regards the Panchnama dated 25.03.2020 of the 4 weapons recovered in all 4 weapons, the firing pins had been damaged. Learned Advocate Shri Dagli has submitted that since the allegation was upon all the accused of having fired from the fire arms held by them, the firing pin / hammer of the weapons had been deliberately broken with a view to destroy evidence. He further submits that this tampering with the evidence was done deliberately to save some of the accused. He further submits that the investigation had deliberately ignored this aspect and even though a clear offence had been Page 5 of 19 Downloaded on : Thu Jan 13 07:13:05 IST 2022 R/SCR.A/8323/2020 ORDER made out punishable under Section 201 of IPC, yet the investigation was not carried out on this aspect and the offence punishable under Section 201 had neither been included in the charge-sheet nor the charge had been framed on account of faulty investigation which was done deliberately to help the accused. Learned Advocate for the applicant in support of his submissions, has relied upon the decisions of the Supreme Court in the case of Dharam Pal Vs. State of Haryana & Ors. reported in 2015(4) Supreme (SC) 129, Karan Singh Vs. State of Haryana reported in 2013(12) SCC 529, Vinubhai Haribhai Malviya and Ors. Vs. the State of Gujarat and Ors. reported in AIR 2019 SCC 5233 and recent decision of the Supreme Court in the case of Neetukumar Nagaich Vs. the State of Rajasthan and Ors. reported in 2020 Supreme SC 545. On the basis of the above decisions, learned Advocate Shri Dagli submitted that in view of clear lacuna in the investigation, this Court may direct further direction on the aspect of offence under Section 201 of Indian Penal Code.
Gujarat High Court Cites 30 - Cited by 0 - N Kariel - Full Document

Unknown vs The Superintendent Of Police on 25 January, 2022

6. On account of the confirmation of contentions raised, I have no doubt whatsoever in my mind that the second respondent had conducted a shoddy investigation and filed final report in such a way as to favour the accused. If the case goes to trial on the basis of this investigation, then certainly the case is bound to end in acquittal. Therefore, I order denovo investigation. I wondered for a moment, if only further investigation can be ordered or denovo investigation can be ordered. The learned counsel appearing for the petitioner draws my attention to the decision of the Hon'ble Apex Court reported in CDJ 2020 SC 726 ( Neetu Kumar Nagaich V. The State of Rajasthan and Others ). The Hon'ble Apex Court in the said decision held as follows:-
Madras High Court Cites 10 - Cited by 0 - G R Swaminathan - Full Document

Pawan Kumar vs State Of Haryana on 21 August, 2023

In the case of Neetu Kumar Nagaich (Supra), Hon'ble Supreme Court held that when investigation has been concluded and police report is submitted, it is only further investigation that can be ordered. However, in case the Constitutional Court is satisfied that investigation has not been conducted in proper and objective manner, fresh investigation with help of independent agency can be considered to secure ends of justice so that truth is revealed. Said power may also be exercised if the court comes Page 8 of 11 8 of 11 ::: Downloaded on - 24-08-2023 01:57:50 ::: Neutral Citation No:=2023:PHHC:109471 CRM-M-6273-2022 2023:PHHC:109471 to conclusion that investigation has been done in manner to help someone escape clutches of law. While holding so, Hon'ble Supreme Court has held as under: -
Punjab-Haryana High Court Cites 21 - Cited by 0 - Full Document

Balamurugan vs The Superintendent Of Police on 22 June, 2023

13.Here, the final report has been filed. This petition is filed seeking re-investigation. On what https://www.mhc.tn.gov.in/judis 6 ground, re-investigation can be ordered has also been elaborately spelt out. We can straightaway come to the conclusion by referring the judgment of the Hon'ble Supreme Court in the case of Neetu Kumar Nagaich Vs. State of Rajasthan and others [(2020)4 MLJ (Crl) 162 (SC). It is considered to be a logical conclusion on this issue.
Madras High Court Cites 10 - Cited by 0 - G Ilangovan - Full Document
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