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2008 Supreme(Bom) 1463

SWATANTER KUMAR, S.J.VAZIFDAR, A.A.SAYED
Sandeep Rammilan Shukla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr S M A Kazami, Senior Council, Mr Zuber Ahmad and
Mr B P Pandey for the Petitioner in W.P. No.982 of 2007.
Mr S R Borulkar, Public Procecutor a/w Mr A R Patil,
Additional Public Prosecutor, for the State.
Mr Kiran C Shirguppe for the Petitioner in W.P. No.2031 of 2007.

JUDGMENT:

Introduction Marcus Tullius Cicero, a great orator and Roman Attorney said, “The solidity of a State is very largely bound up with its judicial decisions”. The stability of State governance is relatable to the status of public law and order in the State. Protection to person and property of State subjects is the primary obligation of the State and this is the great significance of administration of criminal justice delivery system. Criminal jurisprudence governing the law of crime primarily has two concepts like any other legal jurisprudence :

(i) Substantive criminal law; and

(ii) Procedural criminal law. Provisions of substantive criminal law which are primarily penal in nature are subjected to rule of strict interpretation, while those relating to procedural law are guided by rules of plain and liberal interpretation. The Court, in the present cases, is concerned with the application of rules of interpretation to the procedural law particularly relating to the field of investigation as well as the effect of crime and its registration upon the social fabric of the State. Needless to notice that registration of First Information Report, inquiry, investigation and adjudic



















































































































































































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