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G. A. SANAP
Ashish Devidas Morkhade – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
G.A. SANAP, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.
2. In this criminal revision application, challenge is to the order passed by the learned Special Judge (N.D.P.S. Act) dated 08.04.2022 whereby, the learned Judge has directed Special I.G. Nagpur Zone and Superintendent of Police, Nagpur (Rural) to take action for registration of crime against PW-10 Aashish Devidas Morkhade, Investigating Officer for the offences found to have been prima-facie committed by him.
3. The relevant facts are as follows:
The main legal point established in the judgment is that failure to complete investigations within the stipulated period entitles the accused to default bail under Section 167(2) of the Cr.P.C.
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
(1) Revision under Section 397 read with Section 401 of Cr.P.C. is maintainable against order passed rejecting application filed under Section 167(2) of Cr.P.C.(2) Intelligence Officer can file compl....
The court emphasized the necessity for prima facie evidence to justify arrests, underscoring fundamental rights protections against arbitrary state actions.
The court ruled that the ATS could continue its investigation until the NIA officially took over, affirming the validity of the charge-sheet filed by ATS Nanded due to the absence of a designated Spe....
Point of law : Article 141 mandates every Court subordinate to the Supreme Court to accept the law laid down by it. There is nothing like any prospective operation alone of the law laid down by the S....
A police report under Section 173(2) is not incomplete solely for lacking an FSL report if filed within the stipulated time, thus default bail cannot be claimed.
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