Criminal
Procedure read with Section 170 of the Karnataka
Police Act. The protection given under Section 197 of
the Criminal Procedure Code read with Section ... xxxxxxxx
72. The language and tenor of Section 197 of the
Code of Criminal Procedure and Section 170 of the
Karnataka Police Act makes
entitled for discharge under Section 227 of Cr.P.C. for
the alleged offences. However, Section 170 of Cr.P.C.,
says that cases ... before such
Magistrate until otherwise directed. This is the object of
Section 170 of Cr.P.C. But in the instant case,
prosecution has filed
brooked by any civilized
society. Thus, directions were issued to the criminal courts and one of the
direction is that:
"The Court shall ... 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
basis of evidence collected he has to form opinion under Section 169 or 170 of Cr.P.C., as the case may be, and forward ... section (8) of Section 173 Cr.P.C.
20. From the above discussion it follows that under the scheme of the provisions of Sections
Umesh Kumar Sharma vs State Of Uttarakhand And Another on 27 October, 2020
Equivalent citations
This Court laid down that as per the
scheme of Code of Criminal Procedure
only the earliest or the first information
report in regard ... section (8) of Section 173 Cr.P.C.
20. From the above discussion it
follows that under the scheme of the
provisions of Sections
evidence collected, he has to form an opinion
under Section 169 or 170 of Cr.P.C., as the case
may be, and forward ... section (8) of
Section 173 Cr.P.C.
20. From the above discussion it follows
that under the scheme of the provisions of
Sections
final report under Section 173(2) CrPC. It would
clearly be beyond the purview of Sections 154 and 156 CrPC ... Code of Criminal Procedure clearly show
that an officer-in-charge of a police station has to commence investigation as provided
in Section
evidence collected, he has to form an
opinion under Section 169 or 170 CrPC, as the
- 14 -
case may be, and forward ... section (8) of Section 173
CrPC.
20. From the above discussion it follows that
under the scheme of the provisions of Sections
Crl.P.No.101625/2019
10
therefore, they are entitled to be protected
u/s. 197 Cr.P.C . or u/s. 170 ... preferred a criminal
petition No.100192/2018 before this Court under
Section 482 of the Code of Criminal Procedure, 1973
(hereinafter for brevity referred
