Back
RAJEEV RANJAN PRASAD
Annu Devi – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—The criminal writ application and criminal miscellaneous case being connected with each other between the same parties were tagged by this Court vide order dated 08.01.2024 passed in Cr.WJC No. 71 of 2023 and have been heard. By this common judgment both the applications are being disposed of.
Cr.WJC No. 71 of 2023
2. The petitioner no.1 in the present writ application is the wife of the deceased Munna Singh who was engaged as bodyguard of petitioner no.2 (in short P-2). Late Munna Singh was allegedly shot dead for which a case being Masrakh P.S. Case No. 224 of 2011 dated 17.12.2011 under Sections 302/34, 307/34, 324/34, 341/34, 120B, 147, 148, 379/34, 353/34 of the Indian Penal Code and Section 27 of the Arms Act was registered. Respondent nos. 9 to 11 are the accused of the said case.
3. It is the case of the petitioners in the writ application that during investigation three persons, namely, Upendra Singh (PW 2), Sanjay Kumar (PW 5) and Maheshwar Singh (PW 1) recorded their statement under Section 164 of the Code of Criminal Procedure (hereinafter referred to as the CrPC). A copy of the statements have been enclosed as Annexure ‘2’. The accused persons wer
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
The apprehension for transfer of a trial must be reasonable and not imaginary, and the power of transfer is to be sparingly exercised. Fair justice and the independence of the judiciary are essential....
Point of law: irrespective of the executive or judicial nature of the office of the public prosecutor, it is certain that one expects impartiality and fairness from it in criminal prosecution
The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.
Free and fair trial is sine qua non of Article 21 of Constitution. If criminal trial is not free and fair and if it is biased, judicial fairness and criminal justice system would be at stake, shaking....
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
