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The argument that low conviction rates justify arrests as punishment is rejected, emphasizing that only courts should determine guilt, not police. Rising crime due to population growth and unemployment doesn’t negate the need for law reform focused on serious crimes over minor offenses. The Supreme Court has directed releases in minor and non-economic offenses. “But…
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“10. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation, this issue has been considered in Saurabh Kumar v. Jailor, Koneila Jail, (2014) 13…
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“1. Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of quashing criminal proceedings, particularly, the charge framed in terms of Section 228 of the Code…
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The Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases. Supreme Court Judgment ANALYSIS : 43. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only…
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“Denial of a fair trial is as much injustice to the accused as is to the victim and the society. Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the…
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The Supreme Court in State of Haryana and Ors. vs. Ch. Bhajan Lal and Ors., AIR 1992 SC 604 held- “Human dignity is a dear value of our Constitution. But if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serious prejudice…
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