Section 170 in The Code of Criminal Procedure, 1973
170. Cases to be sent to Magistrate when evidence is sufficient.
(1) If, upon an investigation ... Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO.1849 OF 2021
IN
SPECIAL LEAVE PETITION (CRL.) NO.5191 OF 2021
SATENDER KUMAR ANTIL ... final report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour
Section 173 , Cr.P.C. under which charge-sheet is filed and then I shall advert to the provision of Section 170 , ... section (2)(i) of Section 173 , Cr.P.C. "whether the accused has been forwarded in custody under Section 170" is with regard
produced in custody along with the charge sheet as envisaged under
Section 170 Cr.P.C. Therefore, the trial court was supposed to release ... Investigating agency during investigation nor produced in
custody as envisaged in Section 170 Cr.P.C. call upon the
accused to move a bail application
more case based on a
misconception and misunderstanding of Section 170 ,
Cr.P.C.!
An FIR No. RC16/S/2014, dated ... seriously oppose the bail application.
In our view, the purport of Section 170 ,
Cr.P.C. should no more be in doubt in view
held as under:
"9. In our view, the purport of Section 170 , Cr.P.C. should no more be in doubt in view ... does not produce the accused in custody as referred in Section 170 , Cr.P.C. the Magistrate or the Court empowered to take cognizance
said judicial view. It has rightly been observed on consideration of Section 170 Cr.P.C. that it does not impose an obligation ... produced in custody. The word "custody" appearing in Section 170 Cr.P.C. does not contemplate either police or judicial custody
held as under:
"9. In our view, the purport of Section 170 , Cr.P.C. should no more be in doubt in view ... does not produce the accused in custody as referred in Section 170 , Cr.P.C. the Magistrate or the Court empowered to take cognizance
held as under:
"9. In our view, the purport of Section 170 , Cr.P.C. should no more be in doubt in view ... does not produce the accused in custody as referred in Section 170 , Cr.P.C. the Magistrate or the Court empowered to take cognizance
held as under:
"9. In our view, the purport of Section 170 , Cr.P.C. should no more be in doubt in view ... does not produce the accused in custody as referred in Section 170 , Cr.P.C. the Magistrate or the Court empowered to take cognizance
