playing into the hands of the investigating officer
if the investigation is designedly defective. In Paras Yadav & Ors. v. State
of Bihar ... held that it may be that such lapse is committed
designedly or because of negligence and hence the prosecution evidence is
required to be examined
ability, prevent, the commission of any cognizable offence.
150. Information of design to commit cognizable offences – Every
police officer receiving information of a design ... commission of cognizable offences – (1) A
police officer, knowing of a design to commit any cognizable offence may
arrest, without orders from a Magistrate
this Court held:-
It may be that such lapse is committed designedly or
because of negligence. Hence the prosecution evidence is
required to be examined
would amount to giving
premium for the wrongs of the prosecution designedly
committed to favour the appellant. In such cases, the story
of the prosecution
favour of the accused, may be that such
lapse is committed designedly or because of negligence. Hence, the
prosecution evidence is required to be examined
owner for completion of the entire work".
19. The Designate should have avoided the risks and dangers involved in
deciding an issue relating ... limited issue of
appointing an Arbitrator. It is clear that the Designate committed a
jurisdictional error in dismissing the application filed by the appellant under
there is no arbitration agreement
between the parties and the learned designate committed a serious error in
allowing the application under Sections
would
amount to giving premium for the wrongs of
the prosecution designedly committed to favour
the appellant. In such cases, the story of the
prosecution
possessed arms which were brought from Gujarat
for nefarious design to commit the murder of Ramdas Nayak.
18. Mohd. Firoz Ayub Khan-respondent ... which is a substantive piece
of evidence; and that the Designated Court has committed an error in
rejecting the confessional statement of the accused Mushraf
there is no arbitration agreement
between the parties and the learned Designate committed a serious error in
allowing the application under sections ... foregoing, this appeal is allowed and the impugned order of the
Designate of the Chief Justice appointing an Arbitrator is set aside
