OnLine Del 53,
somewhat similar question arose that whether Section 170 CrPC prevents
the learned Trial Court from taking a charge-sheet ... produced in custody. The word "custody" appearing in Section
170 CrPC does not contemplate either police or judicial custody
paragraph no.65 of the judgment pertaining to
procedure under Section 170 CrPC seems
equally applicable to the charge sheet filed by
police ... general guidelines
governing an accused presented before the Court under Section 170 of
the Cr.P.C., has, inter alia, held as under:
Signature
petitionwould be considered first.
Signature Not Verified BAIL APPLN. 3004/2021 & CRL.M.C. 1911/2021 Page 7 of 18
Digitally Signed
By:NARENDRA ... 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
Section 173 of the Code. It was
accordingly observed as under:-
18. An information given under sub-section (1) of Section
154 of ... CRL.M.C. 4643/2019and connected matters Page 31
16:38:07
up with the formation of opinion under Section 169 or 170
of
Section 173 of the Code. It was
accordingly observed as under:-
18. An information given under sub-section (1) of Section
154 of ... CRL.M.C. 4643/2019and connected matters Page 31
16:38:07
up with the formation of opinion under Section 169 or 170
of
Section 173 of the Code. It was
accordingly observed as under:-
18. An information given under sub-section (1) of Section
154 of ... CRL.M.C. 4643/2019and connected matters Page 31
16:38:07
up with the formation of opinion under Section 169 or 170
of
Section 173 of the Code. It was
accordingly observed as under:-
18. An information given under sub-section (1) of Section
154 of ... CRL.M.C. 4643/2019and connected matters Page 31
16:38:07
up with the formation of opinion under Section 169 or 170
of
matter.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR CRL.M.C.2757/2023 Page 9 of 59
Signing Date ... empowered to take cognizance of the
offence under Sections 170 and 173 of the Cr.P.C.
15. Learned ASG next refers to Para
cursory reading of Section 142 will
again make it clear that the procedure under
the CrPC has been departed from. First and
foremost ... jurisdiction of the
criminal courts in inquiries and trials. When
the jurisdiction of a criminal court is spoken of
by these sections, the expression "cause
Court under
Section 202 of the CrPC. In Subhkaran Luharuka & Anr. vs.
State : (2010) 170 DLT 516, it was observed as under ... Section 200 of the Code the Magistrate should direct the
police to investigate the crime merely because an application
has also been filed under Section
