Vijay Singh vs State Of Uttar Pradesh on 26 May, 2017
Author: Ajai Lamba
Bench
officer if the
investigation is designedly defective."
26. In case Paras Yadav Vs. State of Bihar (1999) 2SCC 126, it
FIR No. 242/2012
exercise of this power, this Court observed in para
13 of Ranbir Yadav as follows: (SCC p. 400)
“13. We are unable to share ... subsequently came up for consideration in Ranbir
Yadav v. State of Bihar (1995) 4 SCC 392. In para 14 of the
Report, it was noted
proceedings, the
High Court concluded: ( Shiv Kumar Yadav v.
State , 2015 SCC OnLine Del 7734, para 31)
"31. The aforesaid narration of proceedings
before ... easily
accepted. It was observed : ( Shiv Kumar Yadav
v. State , 2015 SCC OnLine Del 7734, para 32-
33)
"32. The other submission of learned
Suffice it to say that in the case of Jogendra Yadav &
others Vs. State of Bihar & another reported ... Apex court in the case of Jogendra Yadav (supra) has
held in para 9 that prior opportunity before the order u/S. 319 is
passed
2016
(vi) Kuldip Yadav vs. State of Bihar 2011 (5) SCC 324 (para 39),
(vii) Alluauddin Main vs. State of Bihar
wherein it has been laid down that: (Shiv
Kumar Yadav case9, SCC p.416, para 14)
.
"14...'6......The counsel who was engaged ... Hoffman Andreas case, SCC,
r p.432, para 6)"
The Court in Shiv Kumar Yadav (supra) case explained the said
authority by opining thus
prisoners also, as is also held by this Court in Balram Singh Yadav and others vs. State ... case of Balram Singh Yadav (supra), wherein it has been held that In view of Para 137 read with
exercise of this power, this Court observed in para 13 of
Ranbir Yadav as follows: (SCC p. 400)
“13. We are unable to share ... subsequently came up for consideration in Ranbir Yadav v.
State of Bihar (1995) 4 SCC 392. In para 14 of the Report, it was noted
wherein it has been laid down that: (Shiv
Kumar Yadav case9, SCC p.416, para 14)
.
"14...'6......The counsel who was engaged ... Hoffman Andreas case, SCC,
r p.432, para 6)"
The Court in Shiv Kumar Yadav (supra) case explained the said
authority by opining thus