Cri. WP/610/2021 and Cri. WP/505/2021 - The detention order in the case was issued and served on the petitioner on 24th February 2021, with the State Government approving it on 3rd March 2021. The detention was challenged on grounds including delay, which affected its validity Anil Tukaram Mohite VS Commissioner of Police Pimpri Chinchwad - Bombay.
Delay and Vitiation of Detention - Multiple references highlight that delays in detention proceedings can invalidate the order. Specifically, in All MR (Cri) 1641, the delay starkly stood out and was considered to vitiate the detention order ANIL TUKARAM MOHITE vs TEH COMMISSIONER OF POLICE PIMPRI CHINCHWAD AND ORS - Bombay.
Legal Principles on Detention and Evidence - The Supreme Court and High Court cases emphasize that prearranged police interviews and delays can undermine detention legality. For example, the Gopalan case (AIR 1950 SC 27) and other rulings stress the importance of fair procedures and timely action Ajit Mohan VS Legislative Assembly National Capital Territory of Delhi - Supreme Court, Sukhdev Yadav VS State - Delhi.
Judicial Discretion in Bail and Investigation - The Madhya Pradesh High Court and other courts have considered factors like delay and evidence when granting bail or proceeding with investigations, as seen in cases like State of Madhya Pradesh (2021) 2 SCC 779 J. Mohamed Nizamudeen VS State rep. By the Inspector of Police, Video Piracy cell, CBCID Vellore Unit, Vellore - Madras.
Disposal of Cases and Proceedings - The disposal of petition and related applications, such as the disposal of Criminal Application No. 1641 of 2021, indicates that investigations and proceedings can continue with liberty granted to authorities to proceed against accused persons Sau. Mangala Ramdas Medhane VS State of Maharashtra - Bombay.
Analysis and Conclusion:
The references collectively underscore that procedural delays and evidence handling are critical in detention and criminal proceedings. In the context of Cri. WP/610/2021 and Cri. WP/505/2021, delays in serving detention grounds and approval processes are significant points affecting the legality of detention. Courts emphasize timely action and proper evidence collection to uphold constitutional rights and procedural fairness.
References:
- 00400065639
- IND_HC_HCBM010175662021
- 00100074059
- 01100073905
- 02100140084
- 00400065673
The District Magistrate, Jalgaon and others, Cri.WP/505/2021 Sultan Yakub Qureshi vs. The Commissioner of Police, Solapur and others, Cri.WP/610/2021, Salman vs. ... State of Maharashtra and others, (2020) All MR (Cri) 1641. 32. ... Thus, the detaining authority passed the impugned order and served the grounds of detention on the petitioner on 24th February, 2021. The State Government approved the order of detention passed by respondent no.1, by order dated 3rd March,....
) 1641 Trupti bail before the Sessions Court on 29 June 2021, which was 4 2012 CRI
10(2020) All MR (Cri) 1641. ... 61993 SCC (Cri) 392. ... delay, which starkly stands out and vitiates the detention order 7ALL MR (Cri ... 4Cri.WP/610/2021. ... CRIWP1832-2021.DOC p style="position:
No. 2 of 2021 under Order 41 Rule 27 of C.P.C. seeking to receive additional evidence. ... No. 1641/1964: Schedule boundary on the Western side is mentioned as "Vendor's land sold to B. ... No. 2 of 2021 is liable to be dismissed. 57. ... No. 2 of 2021 filed by respondents/defendant Nos. 1 and 2 is dismissed. Consequently, miscellaneous petitions pending if any shall stand closed. ... State of Assam, (2009) 14 SCC 541 : (2010) 1 SCC (Cri) 1445 : AIR 2010 SC 3813 and Khatri Hotels (P) Ltd. v. Union of I....
Gopalan Case [AIR 1950 SC 27 : 1950 SCR 88 : 51 Cri. ... of Electronics and Information Technology No. 2021 G.S.R. 139(E) (25.02.2021)], a day after the judgment was reserved. ... The matter was set down for hearing with rule nisi being issued on 21.01.2021. The issue was debated before us on numerous dates thereafter and the hearing concluded on 24.02.2021. ... A testament to the wide-ranging services which Facebook offers is the fact that it has about 2.85 billion monthly active users as of March, #HL....
Emperor, : A 1939 PC 47 (1939) (40) Cri. ... (AIR 1936 PC 169: 37 Cri. LJ 628) and also in Stephen Seneviratne v. R. ( : AIR 1936 PC 289: 37 Cri. ... State of Maharashtra (1973) 3 SCC 219 : 1973 SCC (Cri.) 214), (1996) 9 SCC 40 : 1996 SCC (Cri.) 913) and State of U.P. v. Kishanpal (2008) 16 SCC 73 (2010) 4 SCC (Cri.) 182)". ... 1641. The Supreme Court had found that the interview had been prearranged by the police which action stands deprecated. In the present case, ....
[(2009) 11 SCC 588:(2009) 3 SCC (Cri) 1502], State of U.P. v.Santosh Kumar [(2009) 9 SCC 626: (2010) 1 SCC (Cri) 88] and State v. Saravanan [(2008) 17 SCC 587 : (2010) 4 SCC (Cri) 580].) ... State of Maharashtra [(1973) 3 SCC 219: 1973 SCC (Cri) 214], Hari Shanker v. State of U.P. [(1996) 9 SCC 40 : 1996 SCC (Cri) 913] and State of U.P. v. Kishanpal [(2008) 16 SCC 73 : (2010) 4 SCC (Cri) 182]”. ... State, 1994 Cri LJ 1155, 1162 (Ker) ... 330. Mr. ... [AIR 1958 SC 35....
State of Madhya Pradesh (2021) 2 SCC 779, laid down the factors to be taken into consideration while deciding the bail application and observed: “4. ... State of U.P., (2004) 7 SCC 525: 2004 SCC (Cri) 1974]; Kalyan Chandr a Sarkar v. Rajesh Ranjan [Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977]; Masroor v. State of U.P. [Masroor v. ... State of U.P., (2014) 16 SCC 508 : (2015) 3 SCC (Cri) 527]; Anil Kumar Yadav v. State (NCT of Delhi)[Anil Kumar Yadav v. State (NCT of Delhi), (2018) 12 S....
Cri. Appeal No.1045 of 2018 (Arising out of SLP (Crl.) ... In view of the disposal of the petition, Criminal Application No. 1641 of 2021 also stands disposed of, with liberty to the Investigating Officer to proceed against Vikas and the rest of the accused. ... The respondent No.1-State has fled Criminal Application No. 1641 of 2021 seeking permission to file the charge-sheet as the investigation has allegedly revealed the complicity of the accused. 7.
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