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1 - 10 of 10 (0.21 seconds)Section 379 in The Indian Penal Code, 1860 [Entire Act]
Section 411 in The Indian Penal Code, 1860 [Entire Act]
Section 65 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Indian Penal Code, 1860 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Surender @ Dheeraj vs State on 27 February, 2018
15. Coming back to the present case in hand, although it is stated by
all the witnesses of prosecution that there were certain other persons
present at the spot at the time of alleged seizure and arrest made by the
IO, however no public person was made a witness by the IO for the
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reasons best known to him. Making a public person as a witness of arrest
and seizure is more imperative in circumstances where it appears from
the record that the relation between the complainant and the accused
were not cordial. Further it would be gainful to rely upon the judgment
passed by Hon'ble High Court of Delhi in Surender @ Dheeraj v. State
2018 SCC OnLine Del 7506, it was observed by Hon'ble High Court of
Delhi:
The Code of Criminal Procedure, 1973
Kehar Singh & Ors vs State (Delhi Admn.) on 3 August, 1988
In Kehar Singh v. State (1988) 3 SCC 609 : AIR 1988
SC 1883 one of the accused, Balbir Singh, was
arrested at the bus stand at Najafgarh, which was a
public place but there were no independent public
witnesses to the arrest.
Pradeep Saini @ Anr. vs State on 9 September, 2009
16. It is further pertinent to state in here that as per the testimony of
IO, he seized the plastic katta Ex. PW1/B and thereafter prepared the
rukka for the registration of FIR. As such the seizure memo was prepared
by the IO prior to lodging of FIR. Perusal of Ex. PW1/B reveals that same
bears the FIR number, although the said document was prepared prior to
lodging of FIR. Said fact further casts serious doubts upon the recovery
of the case property. For the same I may rely upon the judgment passed
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by Hon'ble High Court of Delhi in Pradeep Saini v. State 2009 SCC
OnLine Del 2803 :
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