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N. V. ANJARIA, K. V. ARAVIND
MOHAMMED SHIYAB S/O MOHAMMED SAJID – Appellant
Versus
NATIONAL INVESTIGATING AGENCY – Respondent
JUDGMENT :
N.V. ANJARIA, C.J.
1. Heard learned Advocate Mr. Mohammed Tahir for the appellant and learned Advocate Mr. P. Prasanna Kumar for the respondent.
1.1 As learned Single Judge by judgment and order dated 20th December 2023 dismissed the petition, the appellant-original petitioner has preferred this appeal under Section 4 of the Karnataka High Court Act, 1964.
2. What was prayed in the writ petition was to direct the trial Court-49th Additional City Civil and Sessions Judge and Special Court for Trial of NIA Cases at Bengaluru ‘to sign or put initials to each page of case diary of RC-36/2022/NIA/DLI registered by the respondent under Sections 120B, 302 read with Section 34 of the Indian Penal Code, 1860 and Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967, from page No. 1 till the last page and continue this practice till filing of charge sheet’. It is next prayed to require the said court to observe the same practice in all the cases pending before it.
3. Noticing the facts from the pleadings of the petition, it appears that the petitioner was found to be involved in a murder incident which took place on 26th July 2022 at Sullia town, pursuant to which, Crime
The court cannot impose procedural requirements not specified in existing laws, emphasizing the separation of judicial and legislative functions.
A fair investigation is crucial; discrepancies in witness testimonies and procedural lapses can lead to acquittal if the prosecution fails to prove guilt beyond reasonable doubt.
The main legal point established in the judgment is the necessity of summoning the General Diary in specific circumstances to establish the timing and nature of FIR registrations.
The court emphasized the stringent conditions for suspension of sentence in murder cases, requiring convincing reasons and affirming the reliability of eyewitness testimony despite contradictions fro....
The trial Court has the discretion to permit further investigation without providing detailed reasons, and the need for further investigation can be justified based on the quality of previous investi....
The registration of an FIR is mandatory when a cognizable offence is disclosed; however, a General Diary entry may be treated as an FIR in appropriate cases.
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